Summary: Patent Reform Act of 2007 - Amends federal patent law to establish a first-inventor-to file system and to add or revise provisions governing patent review proceedings and patent infringement litigation.(Sec. 3) Adds and expands definitions relating to patents. Defines "inventor" as the individual or individuals collectively who invented or discovered the subject matter of the invention and "joint inventor" as any one of the individuals who invented or discovered the subject matter of an invention. Defines "effective filing date of a claimed invention" as the filing date of the patent or the application for patent containing the claim to the invention (thus establishing a first-inventor-to-file system).Revises the definition of "prior art" and conditions for patentability to accommodate a first-inventor-to-file system. Reaffirms, with certain exceptions, the denial of a patent for a claimed invention, if such invention was patented, described in a printed publication, in public use, or on sale more than a one-year grace period before the effective filing date of the claimed invention. Revises provisions for determining claims of patent derivation (i.e., deriving an invention from another inventor and filing a patent application without authorization). Directs the Patent Trial and Appeal Board (formerly the Board of Patent Appeals) to: (1) determine the question of the right to patent; (2) correct the naming of the inventor in any patent application or patent at issue; and (3) issue a final decision on the right to patent. Makes a final decision of the Patent Trial and Appeal Board the final refusal of a patent by the U.S. Patent and Trademark Office (USPTO) in a derivation proceeding. Allows parties to a derivation proceeding to terminate a proceeding by filing a written settlement statement or by referring such proceeding to arbitration.Requires certification to Congress by the President that major patenting authorities (i.e., at least the patenting authorities in Europe and Japan) have adopted similar grace period provisions as contained in U.S. patent law before first-inventor-to file provisions set forth by this Act become effective. Requires the Under Secretary of Commerce for Intellectual Property and the Director of the USPTO to: (1) conduct a study every seven years of the effectiveness and efficiency of the first inventor-to-file system; and (2) report to the Judiciary Committees of Congress on such study.(Sec. 4) Revises requirements for an inventor's oath or declaration to: (1) require each individual who is the inventor or joint inventor of a claimed invention to execute an oath or declaration in connection with a patent application stating that he or she is the original inventor or joint inventor; and (2) allow a substitute statement if the original inventor is dead, legally incapacitated, or cannot be found, or is required to assign the invention and has refused to make an oath or declaration. Sets forth requirements for making substitute statements and supplemental and corrected statements.(Sec. 5) Expands criteria for determining damages for patent infringement. Sets forth guidelines for courts in determining an award based upon a reasonable royalty relating to the economic and market value of patents attributable to their contribution over prior art. Allows increased damages for willful patent infringement.Requires the Under Secretary of Commerce for Intellectual Property and the Director of USPTO to: (1) report by June 30, 2009, to the Judiciary Committees of Congress on the operation of prior user rights in selected industrialized countries: and (2) conduct a study every seven years and report to the Judiciary Committees on the effectiveness and efficiency of changes made by this Act for calculating inventor damages.(Sec. 6) Revises procedures for: (1) citing prior art to USPTO for purposes of determining the patentability of a claimed invention; and (2) reexaminations of patents by the Director of USPTO. Reassigns inter partes reexamination proceedings to administrative patent judges (currently, conducted by patent examiners). Allows patent owners or third parties to an inter partes reexamination proceeding to request an oral hearing before a patent judge.Establishes procedures for post-grant review to cancel as unpatentable any claim of a patent on specified grounds of invalidity. Sets forth requirements for a post-grant review petition and the conduct of post-grant review proceedings, including appeals from a final determination of the Patent Trial and Appeal Board. Repeals provisions of the Intellectual Property and Communications Omnibus Reform Act of 1999 relating to the estoppel effect on subsequent civil actions of requesting an inter partes reexamination.Requires the Under Secretary of Commerce for Intellectual Property and the Director to issue regulations for post-grant review proceedings within one year of the enactment of this Act.(Sec. 7) Defines "cancellation petitioner" as the real party in interest requesting cancellation of any claim of a patent and the privies of the real party in interest. Renames the Board of Patent Appeals as the Patent Trial and Appeal Board. Revises provisions relating to the Board's membership, duties, and authorities. (Sec. 8) Directs the Under Secretary of Commerce for Intellectual Property and the Director of USPTO to study and report to the Judiciary Committees on the effectiveness and efficiency of proceedings available for the reexamination of patents. (Sec. 9) Imposes time restrictions on the publication of certain pending patent applications.Allows any third person to submit for consideration and inclusion in the record of a patent application, any patent, published patent application, or other publication of potential relevance to the examination of a patent application. Requires such submission to be made in writing, with a concise description of its relevance, before the earlier of: (1) the mailing of a notice of allowance in the application for a patent; or (2) the date that is six months after publication of the application or that date of the first rejection of any claim in the application, whichever is later.(Sec. 10) Renders any tax planning method unpatentable. Defines "tax planning method" as a plan, strategy, technique, or scheme that reduces, minimizes, or defers individual tax liability.(Sec. 11) Amends the federal judicial code to prohibit patent litigants from manufacturing venue by assignment, incorporation, or otherwise to invoke the venue of a specific federal district court. Restricts venue in patent litigation to a judicial district where: (1) the defendant has its principal place of business or is incorporated; (2) the defendant has committed a substantial portion of the acts of infringement and has a regular and established physical facility; (3) the primary plaintiff resides, if the primary plaintiff is an institution of higher education or a nonprofit organization; (4) the primary plaintiff has a place of business engaged in substantial research and development, manufacturing, or the management of such activities;(5) the plaintiff resides, if the plaintiff is named as inventor or co-inventor and there has been no transfer of rights in the patent; or (6) any defendants have substantial evidence and witnesses. Allows venue in any district for cases involving foreign defendants with no U.S. subsidiary.Allows an appeal to the Court of Appeals for the Federal Circuit from an interlocutory order or decree determining construction of claims in a patent infringement case. Provides for the transfer of any case commenced in a U.S. district court on or after September 7, 2007, in which venue is improper, unless substantive rulings have been made in such case or the court finds that transfer would not serve the interests of justice. (Sec. 12) Requires the Director of USPTO to require patent applicants (except for micro-entities as defined by this Act) to submit a search report and other information and analysis relevant to patentability.Establishes inequitable conduct (i.e., intentionally misleading or deceiving the USPTO or failing to disclose material information) as a defense to a patent infringement claim . Requires a showing of inequitable conduct by clear and convincing evidence. Provides for sanctions against attorneys involved in inequitable conduct.(Sec. 13) Eliminates as a defense to a patent infringement claim the failure of an inventor to comply with the best mode of carrying out an invention.(Sec. 14) Grants specific regulatory authority to USPTO over the quality and timeliness of patent applications and their examination. Requires regulations promulgated by USPTO to be reviewed and approved by Congress.(Sec. 16) Requires the Director of the Administrative Office of the U.S. Courts, in consultation with the Federal Judicial Center, to study and report to the Judiciary Committees on the use of special masters in patent litigation.(Sec. 17) Directs the Comptroller General, within two years after the enactment of this Act, to conduct a study of workplace conditions for the examiner corps of USPTO and to submit the results of such study, with any other recommendations relating to patent reexamination proceedings, to the Judiciary Committees.(Sec. 18) Reaffirms congressional intent to promote joint research activities as previously expressed, including in the legislative history, by the enactment of the Cooperative Research and Technology Enhancement Act (CREATE Act). Directs USPTO to administer the joint research provisions of this Act in a manner consistent with the legislative history of the CREATE Act. (Sec. 19) Directs the Under Secretary of Commerce for Intellectual Property and the Director of USPTO to study and report to Congress on patent damage awards based on a reasonable royalty standard.(Sec. 20) Provides for severability of provisions of this Act held to be invalid or unenforceable.

patent reform_act amends federal patent law establish file system add revise provisions governing patent review proceedings patent infringement adds expands definitions relating patents defines individual individuals collectively discovered subject matter invention joint individuals discovered subject matter invention defines effective filing date claimed invention filing date patent application patent containing claim invention establishing file definition prior art conditions accommodate file system reaffirms certain exceptions denial patent claimed invention invention patented described printed publication public use sale year grace period effective filing date claimed invention revises provisions determining claims patent deriving invention filing patent application authorization directs patent trial appeal board board patent appeals determine question right patent correct naming patent application patent issue issue final decision right patent makes final decision patent trial appeal board final refusal patent patent trademark_office uspto proceeding allows parties proceeding terminate proceeding filing written settlement statement referring proceeding arbitration requires certification congress president major patenting authorities patenting authorities europe japan adopted similar grace period provisions contained patent law file provisions set forth act effective requires secretary commerce intellectual property director uspto conduct study seven years effectiveness efficiency file system report judiciary_committees congress revises requirements oath declaration require individual joint claimed invention execute oath declaration connection patent application stating original joint allow substitute statement original dead legally incapacitated found required assign invention refused oath declaration sets forth requirements making substitute statements supplemental corrected expands criteria determining damages patent infringement sets forth guidelines courts determining award based reasonable royalty relating economic market value patents attributable contribution prior art allows increased damages willful patent infringement requires secretary commerce intellectual property director uspto report june judiciary_committees congress operation prior user rights selected countries conduct study seven years report judiciary_committees effectiveness efficiency changes act calculating revises procedures prior art uspto purposes determining claimed invention patents director uspto inter proceedings administrative patent judges currently conducted patent examiners allows patent owners parties inter proceeding request oral hearing patent judge establishes procedures post grant review cancel claim patent specified grounds sets forth requirements post grant review petition conduct post grant review proceedings including appeals final determination patent trial appeal board repeals provisions intellectual property communications omnibus reform_act relating effect subsequent civil actions requesting inter requires secretary commerce intellectual property director issue regulations post grant review proceedings year enactment defines cancellation petitioner real party interest requesting cancellation claim patent real party interest renames board patent appeals patent trial appeal board revises provisions relating board membership duties authorities sec directs secretary commerce intellectual property director uspto study report judiciary_committees effectiveness efficiency proceedings available patents sec imposes time restrictions publication certain pending patent applications allows person submit consideration inclusion record patent application patent published patent application publication potential relevance examination patent application requires submission writing concise description relevance earlier mailing notice allowance application patent date months publication application date rejection claim application whichever renders tax planning method defines tax planning method plan strategy technique scheme reduces minimizes individual tax amends federal judicial code prohibit patent manufacturing venue assignment incorporation venue specific federal district_court restricts venue patent litigation judicial district defendant principal place business incorporated defendant committed substantial portion acts infringement regular established physical facility primary plaintiff resides primary plaintiff institution higher education nonprofit organization primary plaintiff place business engaged substantial research development manufacturing management plaintiff resides plaintiff named transfer rights patent defendants substantial evidence witnesses allows venue district cases involving foreign defendants subsidiary allows appeal court_of_appeals federal_circuit interlocutory order decree determining construction claims patent infringement case provides transfer case commenced district_court september venue improper substantive rulings case court finds transfer serve interests justice sec requires director uspto require patent applicants micro entities defined act submit search report information analysis relevant establishes conduct intentionally misleading deceiving uspto failing disclose material information defense patent infringement claim requires showing conduct clear convincing evidence provides sanctions attorneys involved eliminates defense patent infringement claim failure comply best mode carrying grants specific regulatory authority uspto quality timeliness patent applications examination requires regulations promulgated uspto reviewed approved requires director administrative office courts consultation federal judicial center study report judiciary_committees use special masters patent directs comptroller_general years enactment act conduct study workplace conditions examiner corps uspto submit results study recommendations relating patent proceedings judiciary reaffirms congressional intent promote joint research activities previously expressed including legislative history enactment cooperative research technology enhancement_act create act directs uspto administer joint research provisions act manner consistent legislative history create act sec directs secretary commerce intellectual property director uspto study report congress patent damage awards based reasonable royalty provides severability provisions act held invalid unenforceable


Summary: Design Piracy Prohibition Act - Extends copyright protection to fashion designs. Excludes from such protection fashion designs that are embodied in a useful article that was made public by the designer or owner more than three months before the registration of copyright application. Gives fashion designs copyright protection for three years.Declares that is not infringement to make, have made, import, sell, or distribute any article embodying a design which was created without knowledge or reasonable grounds to know that protection for the design is claimed and was copied from such protected design.Extends the definition of infringing article to include any article the design of which has been copied from an image of a protected design without the consent of the owner.Applies the doctrines of secondary infringement and secondary liability to actions related to original designs. Makes any person who is liable under either such doctrine subject to all the remedies, including those attributable to any underlying or resulting infringement.Requires the Register of Copyrights to determine whether or not the application relates to a design which on its face appears to be within the subject matter protected as original designs and, if so, register the design.Increases allowable damage awards for infringement of original designs.

design piracy prohibition act extends copyright protection fashion designs excludes protection fashion designs embodied useful article public designer owner months registration copyright application gives fashion designs copyright protection years declares infringement import sell distribute article design created knowledge reasonable grounds know protection design claimed copied protected design extends definition infringing article include article design copied image protected design consent owner applies secondary infringement secondary liability actions related original designs makes person liable doctrine subject remedies including attributable underlying resulting infringement requires register copyrights determine application relates design face appears subject matter protected original designs register design increases allowable damage awards infringement original designs


Summary: Internet Radio Equality Act - Declares to be ineffective: (1) the March 2, 2007, Determination of Rates and Terms of the U.S. Copyright Royalty Judges regarding rates and terms for the digital performance of sound recordings and ephemeral recordings; (2) the April 17, 2007, modification of that determination by an order denying motions for rehearing; and (3) any subsequent modification by the Copyright Royalty Judges published in the Federal Register. Replaces standards for determining reasonable rates and terms of royalty payments for public performances of sound recordings by means of eligible nonsubscription transmission services and new subscription services with a requirement that such rates and terms be established in accordance with stated objectives of the Copyright Royalty Judges. (Currently, rates and terms are required to distinguish among different types of eligible nonsubscription transmission services and include a minimum fee for each type.) Allows a minimum annual royalty for each provider subject to such rates and terms. Provides a transition rule for payment of royalties by providers of digital audio transmissions that would have been subject to the rates and terms nullified by this Act. Revises royalty payment provisions concerning the use of certain works in noncommercial broadcasting to include: (1) sound recordings; and (2) performance or display by nonprofit organizations and public broadcasting entities. Provides a transition rule for the payment by a public broadcasting entity to owners of copyrights in sound recordings. Requires a report to the Copyright Royalty Judges by the Assistant Secretary of Commerce for Communications and Information on the competitiveness of the Internet radio marketplace and the effect on Internet radio providers of proposed rate determinations in proceedings concerning: (1) public performances of sound recordings by means of the services described above; or (2) the use of certain works in noncommercial broadcasting. Requires the Federal Communications Commission (FCC), upon publication of the commencement of proceedings of the Copyright Royalty Judges to determine rates and terms under the statutory license described in this Act, to report on the effect of such proposals on localism, diversity, and competition in the Internet radio marketplace (including in rural areas). Requires a report to Congress and the Copyright Royalty Judges by the Corporation for Public Broadcasting (CPB) on the effect of such proposals upon public broadcasting licensees and permittees.

internet radio equality act declares ineffective march determination rates terms copyright royalty judges rates terms digital performance sound recordings recordings april modification determination order denying motions rehearing subsequent modification copyright royalty judges published federal_register replaces standards determining reasonable rates terms royalty payments public performances sound recordings means eligible transmission services new subscription services requirement rates terms established accordance stated objectives copyright royalty judges currently rates terms required distinguish different types eligible transmission services include minimum fee type allows minimum annual royalty provider subject rates terms provides transition rule payment royalties providers digital audio transmissions subject rates terms nullified act revises royalty payment provisions concerning use certain works noncommercial broadcasting include sound recordings performance display nonprofit organizations public broadcasting entities provides transition rule payment public broadcasting entity owners copyrights sound recordings requires report copyright royalty judges assistant secretary commerce_for_communications_and_information competitiveness internet radio marketplace effect internet radio providers proposed rate determinations proceedings concerning public performances sound recordings means services described use certain works noncommercial broadcasting requires federal_communications_commission fcc publication commencement proceedings copyright royalty judges determine rates terms statutory license described act report effect proposals localism diversity competition internet radio marketplace including rural areas requires report congress copyright royalty judges corporation_for_public_broadcasting effect proposals public broadcasting licensees permittees


Summary: Modifies provisions relating to the funding of the U.S. Patent and Trademark Office to allow such Office to retain and use all fees paid to such Office (currently, the availability of such fees is provided in advance by appropriations Acts).

modifies provisions relating funding patent trademark_office allow office retain use fees paid office currently availability fees provided advance appropriations acts


Summary: Prohibits a civil action and certain civil remedies against taxpayers or tax practitioners for infringement of a patent for tax planning methods.

prohibits civil action certain civil remedies taxpayers tax practitioners infringement patent tax planning methods


Summary: Extends for a 60-day period beginning on July 15, 2007, the rates and terms determined by the Copyright Royalty Judges for statutory licenses for the transmission of sound recordings.

extends day period beginning july rates terms determined copyright royalty judges statutory licenses transmission sound recordings


Summary: Intellectual Property Enhanced Criminal Enforcement Act of 2007 - Makes copyright registration requirements applicable to only civil (not criminal) copyright infringement actions. Authorizes the court, in civil copyright infringement actions, to: (1) order the impounding of records documenting the manufacture, sale, or receipt of items; and (2) determine that parts of a compilation or derivative work constitute separate works in assessing statutory damages.Establishes criminal violations for any attempt or conspiracy to commit criminal copyright infringement, with the same penalties as prescribed for the offense.Deems the unauthorized importation or exportation of copies or phonorecords to be an infringement of the exclusive right to distribute, in certain circumstances.Includes within the definition of "traffic in," for copyright infringement purposes, to import, export, or possess with intent to transport, transfer, or otherwise dispose of.Increases the penalties for criminal copyright offenses, including: (1) criminal copyright infringement; (2) unauthorized recording of a motion picture; and (3) trafficking in counterfeit goods or services.Provides for forfeiture of any property constituting or derived from proceeds of civil copyright infringement. Requires the court to order restitution for victims of criminal copyright infringement.Directs the Attorney General to: (1) create an operational unit of the Federal Bureau of Investigation (FBI) to assist in the investigation and coordination of intellectual property crimes; (2) implement a program to train FBI agents in the investigation and prosecution of such crimes; (3) assign federal prosecutors to Department of Justice (DOJ) offices in Hong Kong and Budapest to coordinate international enforcement of intellectual property laws; and (4) create a task force to implement a plan to investigate and prosecute international organized crime syndicates involved in theft of intellectual property.Authorizes additional funding through FY2011 to investigate and prosecute criminal activity involving computers.

intellectual property enhanced criminal enforcement act makes copyright registration requirements applicable civil criminal copyright infringement actions authorizes court civil copyright infringement actions order records documenting manufacture sale receipt items determine parts compilation derivative work constitute separate works assessing statutory damages establishes criminal violations attempt conspiracy commit criminal copyright infringement penalties prescribed offense deems unauthorized importation exportation copies infringement exclusive right distribute certain circumstances includes definition traffic copyright infringement purposes import export possess intent transport transfer dispose increases penalties criminal copyright offenses including criminal copyright infringement unauthorized recording motion picture trafficking counterfeit goods services provides forfeiture property constituting derived proceeds civil copyright infringement requires court order restitution victims criminal copyright infringement directs attorney general create operational unit federal_bureau_of_investigation fbi assist investigation coordination intellectual property crimes implement program train fbi agents investigation prosecution crimes assign federal prosecutors department_of_justice doj offices hong_kong coordinate international enforcement intellectual property laws create task_force implement plan investigate prosecute international organized crime involved theft intellectual property authorizes additional funding fy2011 investigate prosecute criminal activity involving computers


Summary: Intellectual Property Rights Enforcement Act - Amends the Treasury and General Government Appropriations Act, 2000 to repeal provisions establishing the National Intellectual Property Law Enforcement Coordination Council.Establishes the Intellectual Property Enforcement Network (IPEN), consisting of specified representatives of various government agencies, to: (1) establish policies, objectives, and priorities concerning international intellectual property protection and law enforcement; (2) coordinate and facilitate implementation of such policies, objectives, and priorities; and (3) protect U.S. intellectual property rights overseas, including by creating an international task force.Requires the agencies in IPEN to: (1) share the information they collect; (2) coordinate civil and criminal actions related to intellectual property rights; (3) establish formal processes for consulting and working with state and local government agencies and consulting with companies, writers, artists, labor unions, and other interested persons and groups; and (4) consult with the Register of Copyrights on law enforcement matters.Urges the President and relevant agency officers, when meeting with certain foreign countries, to stress the importance of establishing and participating in the international task force.Requires the Director of the Office of Mangement and Budget and the Coordinator of IPEN to submit to the President and the relevant congressional committees a strategic plan, which includes the goals, objectives, and priorities of IPEN.Calls for other government intellectual property initiatives to be consolidated into the work of IPEN to prevent duplication.

intellectual property rights enforcement act_-_amends treasury general government appropriations act repeal provisions establishing national intellectual property law enforcement coordination council establishes intellectual property enforcement network consisting specified representatives government agencies establish policies objectives priorities concerning international intellectual property protection law enforcement coordinate facilitate implementation policies objectives priorities protect intellectual property rights overseas including creating international task_force requires agencies share information collect coordinate civil criminal actions related intellectual property rights establish formal processes consulting working state local government agencies consulting companies writers artists labor unions interested persons groups consult register copyrights law enforcement matters urges president relevant agency officers meeting certain foreign countries stress importance establishing participating international task_force requires director office budget coordinator submit president relevant congressional committees strategic plan includes goals objectives priorities government intellectual property initiatives consolidated work prevent duplication


Summary: Prioritizing Resources and Organization for Intellectual Property Act of 2008 - Title I: Enhancements to Civil Intellectual Property Laws - (Sec. 101) Amends federal copyright law to: (1) provide a safe harbor for copyright registrations that contain inaccurate information, unless there was knowledge of the inaccurate information and the inaccuracy of the information, if known, would have caused the Register of Copyrights to refuse registration; (2) provide that copyright registration requirements apply to civil (not criminal) infringement actions; and (3) require courts to issue protective orders to prevent disclosure of seized records relating to copyright infringement. (Sec. 104) Broadens the trademark infringement situations in which treble damages are allowed to include: (1) intentionally inducing another to violate a trademark; and (2) providing goods and services necessary to the commission of a violation with the intent that they be used in the violation. Doubles the minimum and maximum statutory damage limits for trademark infringement. (Sec. 106) Prohibits the importing (current law), as well as the exporting, of infringing copies of copyrighted works. Title II: Enhancements to Criminal Intellectual Property Laws - (Sec. 201) Amends the federal criminal code with respect to intellectual property to: (1) revise criminal penalties for infringement of a copyright by permitting repeat felony violations to be interchangeable, for trafficking in counterfeit labels or packaging, and for causing serious bodily harm or death while trafficking in counterfeit goods or services; and (2) revise current civil and criminal forfeiture provisions for copyright infringement, as well as add new restitution and forfeiture provisions. (Sec. 203) Authorizes the United States Sentencing Commission to amend certain federal sentencing guidelines and policy statements regarding whether a defendant should receive an upward adjustment in the offense level on the grounds that exportation introduces infringing items into the stream of foreign commerce in a manner analogous to the manner in which manufacturing, importing, and uploading such items introduces them into the stream of commerce. Title III: Coordination and Strategic Planning of Federal Effort Against Counterfeiting and Piracy - Subtitle A: Office of the United States Intellectual Property Enforcement Representative - (Sec. 301) Establishes within the Executive Office of the President the Office of the United States Intellectual Property Enforcement Representative (IP Enforcement Representative) to formulate a Joint Strategic Plan for combating counterfeiting and piracy of intellectual property and for coordinating national and international enforcement efforts to protect intellectual property rights. Prohibits the IP Enforcement Representative from controlling or directing any law enforcement agency in the exercise of its investigative or prosecutorial authority in particular cases. Establishes an interagency intellectual property enforcement advisory committee to develop the Joint Strategic Plan against counterfeiting and piracy under subtitle B of this title. Subtitle B: Joint Strategic Plan - (Sec. 321) Requires the IP Enforcement Representative to submit a Joint Strategic Plan against counterfeiting and piracy to the President and specified congressional committees every three years. Requires that the plan include programs to provide training and technical assistance to foreign governments to enhance those governments' efforts to enforce counterfeiting and piracy laws. (Sec. 322) Requires an annual report on the Office's activities to the President, Congress, and the people of the United States. (Sec. 323) Repeals provisions establishing the National Intellectual Property Law Enforcement Coordination Council. (Sec. 324) Authorizes appropriations to carry out this title. Title IV: International Enforcement and Coordination - (Sec. 401) Directs the Under Secretary of Commerce for Intellectual Property and the Director of the U.S. Patent and Trademark Office (USPTO) to appoint at least 10 additional intellectual property attaches to work with foreign countries to combat counterfeiting and piracy of intellectual property. Sets forth provisions providing for the duties, assignment, and training of such attaches. (Sec. 404) Requires the Department of Commerce's Inspector General to perform yearly audits of the intellectual property attaches and report to the House and Senate judiciary committees on the audit results, including regarding activities and effectiveness. (Sec. 405) Authorizes appropriations for the training and support of the intellectual property attaches appointed under this title and of other Department of Commerce intellectual property attaches. Title V: Department of Justice Programs - Subtitle A: Coordination - (Sec. 501) Establishes within the Department of Justice (DOJ) the Intellectual Property Enforcement Division to be headed by an Intellectual Property Enforcement Officer (IP Officer). Transfers to the Intellectual Property Enforcement Division the functions of the Computer Crime and Intellectual Property Section of the Criminal Division of the Department of Justice that relate to the enforcement of criminal laws regarding intellectual property rights and trade secrets. Requires that the Intellectual Property Law Enforcement Coordinators of the Department of Justice to whom this title applies also be in the Intellectual Property Enforcement Division. Subtitle B: Law Enforcement Resources - (Sec. 511) Amends the Computer Crime Enforcement Act to: (1) modify grant programs for combating computer crime to include infringement of copyrighted works over the Internet; and (2) authorize appropriations for the grants. Directs the Office of Justice Programs of DOJ to make grants to state and local law enforcement agencies to combat intellectual property theft and infringement crimes. Authorizes appropriations. (Sec. 512) Directs the Attorney General to: (1) review Computer Hacking and Intellectual Property (CHIP) units, provide such units with additional support and resources, and coordinate unit activities with corresponding state and local activities; and (2) direct each U.S. attorney to review policies for accepting or declining prosecutions of criminal cases involving intellectual property law violation. (Sec. 514) Authorizes appropriations to carry out this subtitle. Subtitle C: International Activities - (Sec. 521) Directs the Attorney General to deploy five additional Intellectual Property Law Enforcement Coordinators in foreign countries to protect the intellectual property rights of U.S. citizens. Authorizes appropriations. (Sec. 522) Directs the Attorney General to increase DOJ training and assistance to foreign governments to combat counterfeiting and piracy of intellectual property. Authorizes appropriations. Subtitle D: Coordination, Implementation, and Reporting - (Sec. 531) Requires the IP Officer to ensure that activities undertaken under this title are carried out in a way consistent with the Joint Strategic Plan. (Sec. 532) Directs the Attorney General to report to the House and Senate judiciary committees on actions taken to carry out this title, including regarding the IP Officer's activities.

prioritizing resources organization intellectual property act title enhancements civil intellectual property laws sec amends federal copyright law provide safe harbor copyright registrations contain inaccurate information knowledge inaccurate information information known caused register copyrights refuse registration provide copyright registration requirements apply civil criminal infringement actions require courts issue protective orders prevent disclosure seized records relating copyright infringement sec broadens trademark infringement situations treble damages allowed include intentionally violate trademark providing goods services necessary commission violation intent violation doubles minimum maximum statutory damage limits trademark infringement sec prohibits importing current law exporting infringing copies copyrighted works title enhancements criminal intellectual property laws sec amends federal criminal code respect intellectual property revise criminal penalties infringement copyright permitting repeat felony violations interchangeable trafficking counterfeit labels packaging causing bodily harm death trafficking counterfeit goods services revise current civil criminal forfeiture provisions copyright infringement add new restitution forfeiture provisions sec authorizes united_states_sentencing_commission amend certain federal sentencing guidelines policy statements defendant receive upward adjustment offense level grounds exportation introduces infringing items stream foreign commerce manner analogous manner manufacturing importing items introduces stream commerce title iii coordination strategic planning federal effort counterfeiting piracy subtitle office united_states intellectual property enforcement representative sec establishes executive_office president office united_states intellectual property enforcement representative enforcement representative formulate joint strategic plan combating counterfeiting piracy intellectual property coordinating national international enforcement efforts protect intellectual property rights prohibits enforcement representative controlling directing law enforcement agency exercise investigative prosecutorial authority particular cases establishes interagency intellectual property enforcement advisory_committee develop joint strategic plan counterfeiting piracy subtitle title subtitle joint strategic plan sec requires enforcement representative submit joint strategic plan counterfeiting piracy president specified congressional committees years requires plan include programs provide training technical assistance foreign governments enhance governments efforts enforce counterfeiting piracy laws sec requires annual report office activities president congress people united_states sec repeals provisions establishing national intellectual property law enforcement coordination council sec authorizes appropriations carry title title international enforcement coordination sec directs secretary commerce intellectual property director patent trademark_office uspto appoint additional intellectual property work foreign countries combat counterfeiting piracy intellectual property sets forth provisions providing duties assignment training sec requires department_of_commerce inspector_general perform yearly audits intellectual property report house senate judiciary_committees audit results including activities effectiveness sec authorizes appropriations training support intellectual property appointed title department_of_commerce intellectual property title department_of_justice programs subtitle coordination sec establishes department_of_justice doj intellectual property enforcement division headed intellectual property enforcement officer officer transfers intellectual property enforcement division functions computer crime intellectual property section criminal division department_of_justice relate enforcement criminal laws intellectual property rights trade secrets requires intellectual property law enforcement coordinators department_of_justice title applies intellectual property enforcement division subtitle law enforcement resources sec amends computer crime enforcement act modify grant programs combating computer crime include infringement copyrighted works internet authorize appropriations grants directs office_of_justice_programs doj grants state local law enforcement agencies combat intellectual property theft infringement crimes authorizes appropriations sec directs attorney general review computer intellectual property chip units provide units additional support resources coordinate unit activities corresponding state local activities direct attorney review policies accepting declining prosecutions criminal cases involving intellectual property law violation sec authorizes appropriations carry subtitle subtitle international activities sec directs attorney general deploy additional intellectual property law enforcement coordinators foreign countries protect intellectual property rights citizens authorizes appropriations sec directs attorney general increase doj training assistance foreign governments combat counterfeiting piracy intellectual property authorizes appropriations subtitle coordination implementation reporting sec requires officer ensure activities undertaken title carried way consistent joint strategic plan sec directs attorney general report house senate judiciary_committees actions taken carry title including officer activities


Summary: Orphan Works Act of 2008 - Limits the remedies in a civil action brought for infringement of copyright in an orphan work if the infringer proves that: (1) the infringer performed and documented a reasonably diligent search in good faith to locate the copyright owner before using the work, but was unable to locate the owner; (2) a Notice of Use was filed with the Register of Copyrights before the work was used; and (3) the infringing use of the work provided attribution to the owner of the copyright, if known. Permits an award of reasonable compensation for the use of the infringed work, except if: (1) the infringement is performed without any commercial advantage and for primarily a charitable, religious, scholarly, or educational purpose; and (2) the infringer ceases the infringement expeditiously after receiving notice of the claim for infringement. Directs the Register of Copyrights to: (1) undertake a certification process for the establishment of an electronic database to facilitate the search for pictorial, graphic, and sculptural works that are subject to copyright protection; and (2) study and report to Congress on remedies for copyright infringement claims by an individual copyright owner or a related group of copyright owners seeking small amounts of monetary relief. Directs the Comptroller General to study and report to Congress on the function of the deposit requirement in the copyright registration system .

orphan works act limits remedies civil action brought infringement copyright orphan work proves performed documented reasonably diligent search good faith locate copyright owner work unable locate owner notice use filed register copyrights work infringing use work provided attribution owner copyright known permits award reasonable compensation use infringed work infringement performed commercial advantage primarily charitable religious scholarly educational purpose ceases infringement expeditiously receiving notice claim infringement directs register copyrights undertake certification process establishment electronic database facilitate search works subject copyright protection study report congress remedies copyright infringement claims individual copyright owner related group copyright owners seeking small amounts monetary relief directs comptroller_general study report congress function deposit requirement copyright registration system


Summary: Transfers from the director of the United States Patent and Trademark Office to the Secretary of Commerce the authority to appoint administrative patent judges and administrative trademark judges. Requires the Secretary to consult with the director on such appointments.

transfers director united_states patent trademark_office secretary commerce authority appoint administrative patent judges administrative trademark judges requires secretary consult director appointments


Summary: Fair Copyright in Research Works Act - Prohibits any federal agency from imposing any condition, in connection with a funding agreement, that requires the transfer or license to or for a federal agency, or requires the absence or abandonment, of specified exclusive rights of a copyright owner in an extrinsic work. Prohibits any federal agency from: (1) imposing, as a condition of a funding agreement, the waiver of, or assent to, any such prohibition; or (2) asserting any rights in material developed under any funding agreement that restrain or limit the acquisition or exercise of copyright rights in an extrinsic work. Defines "funding agreement" as any contract, grant, or other agreement entered into between a federal agency and any person under which funds are provided by a federal agency for the performance of experimental, developmental, or research activities. Defines "extrinsic work" as any work, other than a work of the U.S. government, that is related to a funding agreement and is also funded in substantial part by, or results from a meaningful added value contributed by, one or more nonfederal entities that are not a party to the funding agreement.

fair copyright research works act prohibits federal agency imposing condition connection funding agreement requires transfer license federal agency requires absence abandonment specified exclusive rights copyright owner work prohibits federal agency imposing condition funding agreement waiver prohibition asserting rights material developed funding agreement restrain limit acquisition exercise copyright rights work defines funding agreement contract grant agreement entered federal agency person funds provided federal agency performance experimental developmental research activities defines work work work government related funding agreement funded substantial results meaningful added value contributed nonfederal entities party funding agreement


Summary: Webcaster Settlement Act of 2008 - Allows a receiving agent (designated by the Librarian of Congress to collect royalties that ultimately are disbursed to sound recording copyright owners and performers) to enter into agreements with webcasters that establish royalty terms for the performance of sound recordings over the Internet. Provides that such agreements, which may be effective for a period of up to 11 years following January 1, 2005, are to be binding on all copyright owners of sound recordings and other persons entitled to payment, in lieu of any determination of compulsory license rates by the Copyright Royalty Judges. Terminates the authority to negotiate settlement agreements under this Act on February 15, 2009. Declares that nothing in this Act (or any agreement entered into under this Act) shall be taken into account by the U.S. Court of Appeals for the District of Columbia Circuit in its review of the May 1, 2007 determination of royalty rates by the Copyright Royalty Judges.

settlement act allows receiving agent designated librarian congress collect royalties ultimately disbursed sound recording copyright owners enter agreements establish royalty terms performance sound recordings internet provides agreements effective period years following january binding copyright owners sound recordings persons entitled payment lieu determination compulsory license rates copyright royalty judges terminates authority negotiate settlement agreements act february declares act agreement entered act shall taken account court_of_appeals district_of_columbia circuit review determination royalty rates copyright royalty judges


Summary: Amends the federal criminal code to impose a fine of up to $2 million ($5 million for a person other than an individual [e.g., a business entity]) and/or a prison term of up to 10 years on any person who uses a trademark, service mark, collective mark, or certification mark registered on the principal register in the U.S. Patent and Trademark Office with the intent to deceive the public that such use is authorized by the owner of the mark. Increases such penalties for subsequent offenses.

amends federal criminal code impose fine million million person individual business entity prison term years person uses trademark service mark collective mark certification mark registered principal register patent trademark_office intent deceive public use authorized owner mark increases penalties subsequent offenses


Summary: Platform Equality and Remedies for Rights Holders in Music Act of 2007 or the Perform Act of 2007 - Requires Copyright Royalty Judges (CRJs) to establish rates for a statutory license for the transmission of sound recordings by organizations that most clearly represent the fair market value of the rights licensed. Replaces the different processes for setting rates and terms of royalty payments for subscription transmissions by preexisting subscription services, satellite digital radio services, and eligible nonsubscription transmission services with one process for all such transmissions. Directs CRJs, when setting such rates and terms, to consider: (1) the fair market value of the rights licensed; and (2) the degree to which reasonable recording affects the potential market for sound recordings and the additional fees that are required to be paid by services for compensation. Conditions statutory licensing of transmissions on the transmitting entity using technology that is reasonably available, technologically feasible, and economically reasonable to prevent the making of copies or phonorecords embodying the transmission in whole or in part, except for reasonable recording. (Current law provides for limits on phonorecords of the transmission directly in a digital format.) Allows a performing rights society or a mechanical rights organization to monitor public performances or other uses of copyrighted works contained in transmissions. Requires the Register of Copyrights to convene a meeting among affected parties to discuss whether to recommend creating a new category of limited interactive services within certain statutory licenses for subscription transmissions.

platform equality remedies rights holders music act perform act requires copyright royalty judges establish rates statutory license transmission sound recordings organizations clearly represent fair market value rights licensed replaces different processes setting rates terms royalty payments subscription transmissions preexisting subscription services satellite digital radio services eligible transmission services process transmissions directs setting rates terms consider fair market value rights licensed degree reasonable recording affects potential market sound recordings additional fees required paid services compensation conditions statutory licensing transmissions transmitting entity technology reasonably available technologically feasible economically reasonable prevent making copies transmission reasonable recording current law provides limits transmission directly digital format allows performing rights society mechanical rights organization monitor public performances uses copyrighted works contained transmissions requires register copyrights convene meeting affected parties discuss recommend creating new category limited interactive services certain statutory licenses subscription transmissions


Summary: Grants a statutory license to provide a secondary transmission of a performance or display of a work embodied in a primary transmission made by a network station to a satellite carrier found to have engaged in a pattern or practice of violations of delivering such a primary transmission to subscribers who are not eligible to receive it, notwithstanding any injunction that has been issued.

grants statutory license provide secondary transmission performance display work embodied primary transmission network station satellite carrier found engaged pattern practice violations delivering primary transmission subscribers eligible receive notwithstanding injunction issued


Summary: Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to prohibit U.S. courts from recognizing, enforcing, or otherwise validating any assertion of rights by an individual (currently, by a designated Cuban national) of a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated by the Cuban government unless the original owner of such mark or name, or such owner's bona fide successor, has expressly consented. Applies such prohibition only if the individual asserting the rights knew or had reason to know at the time of acquiring the rights asserted that the mark or name was the same or substantially similar to the mark or name used in connection with the business or assets that were confiscated.

amends department_of_commerce_and_related_agencies_appropriations_act prohibit courts recognizing enforcing validating assertion rights individual currently designated cuban national mark trade commercial connection business assets confiscated cuban government original owner mark owner bona fide successor expressly consented applies prohibition individual asserting rights knew reason know time acquiring rights asserted mark substantially similar mark connection business assets confiscated


Summary: Patent Reform Act of 2007 - (Sec. 2) Amends federal patent law to define terms, including "inventor," "joint inventor," and "effective filing date of a claimed invention." Modifies the conditions under which a patent may be obtained, including basing patent granting in part on filing dates (often referred to as a "first-to-file" system). Repeals provisions relating to inventions made abroad and provisions allowing statutory invention registration. Requires that a subsequent patent application which names an inventor or joint inventor in a previous application (currently, an application which is filed by an inventor or inventors named in a previous application) have the same effect as though filed on the date of the previous application. Repeals provisions providing for civil actions regarding interfering patents (possible conflicts between applications or unexpired patents). Allows an applicant to request a derivation proceeding to determine the right of the applicant to a patent. Requires the requester to set forth the basis for finding that an earlier applicant derived the claimed invention from the requester. (Sec. 3) Revises requirements for an inventor's oath or declaration to allow substitute statements in specified circumstances (e.g., death or disability) and supplemental and corrected statements. Allows a third party assignee (other than the inventor) or a person with a proprietary interest to file a patent application. (Sec. 4) Replaces patent infringement damage provisions with provisions allowing courts to receive expert testimony and setting forth standards for calculating reasonable royalties. Allows tripling of damages for willful infringement. Requires a report to the judiciary committees of the Senate and the House of Representatives regarding the operation of prior user rights in selected countries in the industrialized world. Prohibits damages for infringement committed more than two years before the filing of the complaint or counterclaim for infringement, except on proof that the infringer was notified of the infringement by the patentee. Allows a defense to an infringement action by an entity that controls, is controlled by, or is under common control with a person who reduced the subject matter to practice at least one year before the effective filing date of a patent, and commercially used the subject matter before the effective filing date of the patent. (Current law allows the defense only by the person who performed the acts, not by other entities related by control.) Allows any person to assert a defense based on exhaustion of specified existing rights. (Sec. 5) Replaces provisions relating to optional inter partes reexamination procedures with provisions setting forth post-grant review procedures, including time limits. (Sec. 6) Replaces the Board of Patent Appeals and Interferences with the Patent Trial and Appeal Board. Requires the Board to review adverse decisions of examiners on patent applications and reexaminations, to determine priority and patentability of invention in derivation proceedings, and to conduct post-grant opposition proceedings. (Sec. 7) Removes provisions prohibiting publication of a patent application if the applicant so requests and if the application has not and will not be the subject of an application in another country. Allows any person to submit for consideration and inclusion in the record of a patent application, any patent, published patent application, or other publication of potential relevance to the examination of the application, subject to conditions. (Sec. 8) Revises venue and jurisdiction requirements for civil actions relating to patents. Gives the United States Court of Appeals for the Federal Circuit exclusive jurisdiction over an appeal from an interlocutory order or decree determining construction of claims in a civil action for patent infringement under specified patent infringement provisions. (Sec. 9) Allows the United States Patent and Trademark Office (USPTO) to set or adjust all of its fees, provided that such fees are set to reasonably compensate the USPTO for services performed. (Sec. 10) Repeals provisions requiring that each federal circuit judge be a resident of the circuit for which the judge is appointed. (This repeal affects all circuit judges, regardless of whether they are hearing cases related to patents.) (Sec. 11) Requires that patent applicants submit a search report and analysis relevant to patentability and any other information relevant to patentability that the Director of the USPTO determines necessary. Exempts from those requirements applications submitted by a small entity not named in five or more previous applications, not having a gross income over a specified level, and meeting other requirements (a micro-entity). (Sec. 12) Requires a party requesting that a patent be canceled or held unenforceable due to inequitable conduct in connection with a matter or proceeding before the USPTO to prove independently by clear and convincing evidence that material information was misrepresented or omitted from the patent application with the intention of deceiving the USPTO. Allows as remedies one or more of the following: (1) holding the patent unenforceable; (2) holding one or more claims of the patent unenforceable; or (3) ordering payment of royalties. (Sec. 13) Authorizes the USPTO Director to accept late patent or trademark applications if the applicant or owner files a petition within 30 days after a deadline showing, to the satisfaction of the Director, that the delay was unintentional. (Sec. 14) Shields a financial institution that infringes by using a check collection system from the infringement remedies of civil actions, injunctions, damages, and attorney's fees. Applies the amendment made by this paragraph to any civil action for infringement pending or filed on or after the date of enactment of this Act. (Sec. 15) Removes a requirement that the USPTO have advance authority from an appropriation Act in order to spend the fees it collects. Makes fees available until expended. Establishes in the U.S. Treasury the United States Patent and Trademark Office Public Enterprise Fund, transfers to it the amounts in the Patent and Trademark Office Appropriation Account, and makes amounts in the Fund available without fiscal year limitation for all ordinary and reasonable USPTO expenses. Requires an annual report to Congress on the USPTO by the Under Secretary of Commerce for Intellectual Property and the USPTO Director. Requires a spending plan report each fiscal year to the committees on appropriations of House and Senate. Requires an annual audit and submission of an annual budget.

patent reform_act sec amends federal patent law define terms including joint effective filing date claimed invention modifies conditions patent obtained including basing patent granting filing dates referred file system repeals provisions relating inventions abroad provisions allowing statutory invention registration requires subsequent patent application names joint previous application currently application filed named previous application effect filed date previous application repeals provisions providing civil actions interfering patents possible conflicts applications unexpired patents allows applicant request proceeding determine right applicant patent requires requester set forth basis finding earlier applicant derived claimed invention requester sec revises requirements oath declaration allow substitute statements specified circumstances death disability supplemental corrected statements allows party assignee person proprietary interest file patent application sec replaces patent infringement damage provisions provisions allowing courts receive expert testimony setting forth standards calculating reasonable royalties allows damages willful infringement requires report judiciary_committees senate house_of_representatives operation prior user rights selected countries world prohibits damages infringement committed years filing complaint infringement proof notified infringement allows defense infringement action entity controls controlled common control person reduced subject matter practice year effective filing date patent commercially subject matter effective filing date patent current law allows defense person performed acts entities related control allows person assert defense based exhaustion specified existing rights sec replaces provisions relating optional inter procedures provisions setting forth post grant review procedures including time limits sec replaces board patent appeals patent trial appeal board requires board review adverse decisions examiners patent applications determine priority invention proceedings conduct post grant opposition proceedings sec removes provisions prohibiting publication patent application applicant requests application subject application country allows person submit consideration inclusion record patent application patent published patent application publication potential relevance examination application subject conditions sec revises venue jurisdiction requirements civil actions relating patents gives united_states_court_of_appeals federal_circuit exclusive jurisdiction appeal interlocutory order decree determining construction claims civil action patent infringement specified patent infringement provisions sec allows united_states patent trademark_office uspto set adjust fees provided fees set reasonably compensate uspto services performed sec repeals provisions requiring federal_circuit judge resident circuit judge appointed repeal affects circuit judges regardless hearing cases related patents sec requires patent applicants submit search report analysis relevant information relevant director uspto determines necessary exempts requirements applications submitted small entity named previous applications having gross income specified level meeting requirements micro entity sec requires party requesting patent canceled held unenforceable conduct connection matter proceeding uspto prove independently clear convincing evidence material information misrepresented omitted patent application intention deceiving uspto allows remedies following holding patent unenforceable holding claims patent unenforceable ordering payment royalties sec authorizes uspto director accept late patent trademark applications applicant owner files petition days deadline showing satisfaction director delay unintentional sec shields financial institution infringes check collection system infringement remedies civil actions injunctions damages attorney fees applies amendment paragraph civil action infringement pending filed date enactment act sec removes requirement uspto advance authority appropriation act order spend fees collects makes fees available expended establishes treasury united_states patent trademark_office public enterprise fund transfers amounts patent trademark_office appropriation account makes amounts fund available fiscal year limitation ordinary reasonable uspto expenses requires annual report congress uspto secretary commerce intellectual property uspto director requires spending plan report fiscal year committees appropriations house senate requires annual audit submission annual budget


Summary: Internet Radio Equality Act of 2007 - Declares to be ineffective: (1) the March 2, 2007, Determination of Rates and Terms of the U.S. Copyright Royalty Judges regarding rates and terms for the digital performance of sound recordings and ephemeral recordings; (2) the April 17, 2007, modification of that determination by an order denying motions for rehearing; and (3) the April 23, 2007, Final Determination of Rates and Terms and any subsequent modification by the Copyright Royalty Judges published in the Federal Register. Replaces standards for determining reasonable rates and terms of royalty payments for public performances of sound recordings by means of eligible nonsubscription transmission services and new subscription services with a requirement that such rates and terms be established in accordance with stated objectives of the Copyright Royalty Judges. (Currently, rates and terms are required to distinguish among different types of eligible nonsubscription transmission services and include a minimum fee for each type.) Allows a minimum annual royalty for each provider subject to such rates and terms. Provides a transition rule for payment of royalties by providers of digital audio transmissions that would have been subject to the rates and terms nullified by this Act.Revises royalty payment provisions concerning the use of certain works in noncommercial broadcasting to include: (1) sound recordings; and (2) performance or display by nonprofit organizations and public broadcasting entities. Provides a transition rule for the payment by a public broadcasting entity to owners of copyrights in sound recordings.Allows a credit of any royalties received under the Determination of Rates and Terms deemed ineffective by this Act against other royalties required to be paid under this Act.

internet radio equality act declares ineffective march determination rates terms copyright royalty judges rates terms digital performance sound recordings recordings april modification determination order denying motions rehearing april final determination rates terms subsequent modification copyright royalty judges published federal_register replaces standards determining reasonable rates terms royalty payments public performances sound recordings means eligible transmission services new subscription services requirement rates terms established accordance stated objectives copyright royalty judges currently rates terms required distinguish different types eligible transmission services include minimum fee type allows minimum annual royalty provider subject rates terms provides transition rule payment royalties providers digital audio transmissions subject rates terms nullified act revises royalty payment provisions concerning use certain works noncommercial broadcasting include sound recordings performance display nonprofit organizations public broadcasting entities provides transition rule payment public broadcasting entity owners copyrights sound recordings allows credit royalties received determination rates terms deemed ineffective act royalties required paid act


Summary: Judicial Powers Restoration Act of 2007 - Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to repeal the prohibition against U.S. courts recognizing, enforcing, or otherwise validating any assertion of rights by a designated Cuban national of a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated by the Cuban government.Requires the Secretary of the Treasury to issue regulations as necessary to repeal such provisions, including removing or revoking any applicable prohibition on transactions or payments.

judicial powers restoration act amends department_of_commerce_and_related_agencies_appropriations_act repeal prohibition courts recognizing enforcing validating assertion rights designated cuban national mark trade commercial connection business assets confiscated cuban government requires secretary treasury issue regulations necessary repeal provisions including removing revoking applicable prohibition transactions payments


Summary: Equal Remedies Act of 2007 - Removes the limits on the dollar amount of damages awardable, in cases of intentional employment discrimination, for pecuniary and nonpecuniary losses and punitive damages.

Civil rights and liberties, minority issues

equal remedies act removes limits dollar damages cases intentional employment discrimination pecuniary nonpecuniary losses punitive damages


Summary: Design Piracy Prohibition Act - Extends copyright protection to fashion designs. Excludes from such protection fashion designs that are embodied in a useful article that was made public by the designer or owner more than three months before the registration of copyright application. Gives fashion designs copyright protection for three years.Declares that is not infringement to make, have made, import, sell, or distribute any article embodying a design which was created without knowledge or reasonable grounds to know that protection for the design is claimed and was copied from such protected design. Extends the definition of infringing article to include any article the design of which has been copied from an image of a protected design without the consent of the owner. Provides that a fashion design shall not be deemed to have been copied from a protected design if it is original and not closely and substantially similar in overall visual appearance to a protected design. Applies the doctrines of secondary infringement and secondary liability to actions related to original designs. Makes any person who is liable under either such doctrine subject to all the remedies, including those attributable to any underlying or resulting infringement.Requires the Register of Copyrights to determine whether or not the application relates to a design which on its face appears to be within the subject matter protected as original designs and, if so, register the design.Increases allowable damage awards for infringement of original designs.

design piracy prohibition act extends copyright protection fashion designs excludes protection fashion designs embodied useful article public designer owner months registration copyright application gives fashion designs copyright protection years declares infringement import sell distribute article design created knowledge reasonable grounds know protection design claimed copied protected design extends definition infringing article include article design copied image protected design consent owner provides fashion design shall deemed copied protected design original closely substantially similar overall visual appearance protected design applies secondary infringement secondary liability actions related original designs makes person liable doctrine subject remedies including attributable underlying resulting infringement requires register copyrights determine application relates design face appears subject matter protected original designs register design increases allowable damage awards infringement original designs


Summary: Intellectual Property Enforcement Act of 2007 - Authorizes the Attorney General to bring a civil action for copyright infringement in lieu of criminal proceedings. Directs the Attorney General to: (1) create an operational unit of the Federal Bureau of Investigation (FBI) to assist in the investigation and coordination of intellectual property crimes; (2) implement a program to train FBI agents in the investigation and prosecution of such crimes; (3) assign federal prosecutors to Department of Justice (DOJ) offices in Hong Kong and Budapest to coordinate international enforcement of intellectual property laws; and (4) create a task force to implement a plan to investigate and prosecute international organized crime syndicates involved in theft of intellectual property.Authorizes additional funding through FY2011 to investigate and prosecute criminal activity involving computers.Amends federal copyright law to: (1) provide that copyright registration requirements apply to civil (not criminal) infringement actions; (2) require courts to issue protective orders to prevent disclosure of seized records relating to copyright infringement; (3) modify forfeiture provisions relating to criminal copyright infringement; and (4) prohibit importing and exporting of infringing copies of copyrighted works.Amends the federal criminal code to enhance penalties for: (1) trafficking in counterfeit labels or packaging; (2) criminal infringement of copyrights; (3) unauthorized recording of motion pictures; and (4) trafficking in counterfeit goods or services.Provides for civil forfeiture of property used to facilitate copyright infringement and for restitution for victims of such infringement.

intellectual property enforcement act authorizes attorney general bring civil action copyright infringement lieu criminal proceedings directs attorney general create operational unit federal_bureau_of_investigation fbi assist investigation coordination intellectual property crimes implement program train fbi agents investigation prosecution crimes assign federal prosecutors department_of_justice doj offices hong_kong coordinate international enforcement intellectual property laws create task_force implement plan investigate prosecute international organized crime involved theft intellectual property authorizes additional funding fy2011 investigate prosecute criminal activity involving computers amends federal copyright law provide copyright registration requirements apply civil criminal infringement actions require courts issue protective orders prevent disclosure seized records relating copyright infringement modify forfeiture provisions relating criminal copyright infringement prohibit importing exporting infringing copies copyrighted works amends federal criminal code enhance penalties trafficking counterfeit labels packaging criminal infringement copyrights unauthorized recording motion pictures trafficking counterfeit goods services provides civil forfeiture property facilitate copyright infringement restitution victims infringement


Summary: Provides that tax planning inventions are not patentable. Defines a "tax planning invention" as a plan, strategy, technique, scheme, process, or system to reduce, minimize, avoid, or defer tax liability or to facilitate compliance with tax laws, excluding tax preparation software and other tools or systems used solely to prepare tax or information returns.

provides tax planning inventions defines tax planning invention plan strategy technique scheme process system reduce minimize avoid defer tax liability facilitate compliance tax laws excluding tax preparation software tools systems solely prepare tax information returns


Summary: Performance Rights Act - Amends federal copyright law to: (1) grant performers of sound recordings equal rights to compensation from terrestrial broadcasters; (2) establish a flat annual fee in lieu of payment of royalties for individual terrestrial broadcast stations with gross revenues of less than $1.25 million and for non-commercial, public broadcast stations; (3) grant an exemption from royalty payments for broadcasts of religious services and for incidental uses of musical sound recordings; and (4) grant terrestrial broadcast stations that make limited feature uses of sound recordings a per program license option.Provides that nothing in this Act shall adversely affect the public performance rights or royalties payable to songwriters or copyright owners of musical works.

performance rights act_-_amends federal copyright law grant sound recordings equal rights compensation terrestrial broadcasters establish flat annual fee lieu payment royalties individual terrestrial broadcast stations gross revenues million non commercial public broadcast stations grant exemption royalty payments broadcasts religious services incidental uses musical sound recordings grant terrestrial broadcast stations limited feature uses sound recordings program license option provides act shall adversely affect public performance rights royalties payable copyright owners musical works


Summary: Declares that it is not a copyright infringement for churches and qualified church-controlled organizations to communicate a transmission of a professional football contest so long as no direct charge is made to see or hear the transmission, no money is accepted or received by the organization during the communication, and the transmission is not further retransmitted.

declares copyright infringement churches qualified church controlled organizations communicate transmission professional football contest long direct charge hear transmission money accepted received organization communication transmission retransmitted


Summary: Shawn Bentley Orphan Works Act of 2008 - Limits the remedies in a civil action brought for infringement of copyright in an orphan work, notwithstanding specified provisions and subject to exceptions, if the infringer meets certain requirements, including proving that: (1) the infringer performed and documented a reasonably diligent search in good faith to locate and identify the copyright owner before using the work, but was unable to locate and identify the owner; and (2) the infringing use of the work provided attribution to the owner of the copyright, if known. Requires a search to include methods that are reasonable and appropriate given the circumstances, including in some circumstances: (1) Copyright Office records that are not available through the Internet; and (2) resources for which a charge or subscription is imposed. Limits monetary compensation to reasonable compensation for the use of the infringed work. Prohibits such compensation if the infringer is a nonprofit educational institution, museum, library, or archive, or a public broadcasting entity and if the infringer proves that: (1) the infringement is performed without any purpose of commercial advantage and is primarily educational, religious, or charitable in nature;and (2) the infringer ceases the infringement expeditiously after receiving notice of the claim for infringement. Allows injunctive relief to prevent or restrain infringement, subject to exception and limitation. Directs the Register of Copyrights to: (1) undertake a process to certify that databases are available that facilitate searching for pictorial, graphic, and sculptural works protected by copyright; (2) report to the House and Senate judiciary committees on the implementation and effects of certain amendments made by this Act, including any recommendations for legislative changes; and (3) report to those committees on remedies for copyright infringement claims by an individual copyright owner or a related group of copyright owners seeking small amounts of monetary relief. Directs the Comptroller General to report to such committees on the function of the deposit requirement in the copyright registration system.

orphan works act limits remedies civil action brought infringement copyright orphan work notwithstanding specified provisions subject exceptions meets certain requirements including proving performed documented reasonably diligent search good faith locate identify copyright owner work unable locate identify owner infringing use work provided attribution owner copyright known requires search include methods reasonable appropriate given circumstances including circumstances copyright office records available internet resources charge subscription imposed limits monetary compensation reasonable compensation use infringed work prohibits compensation nonprofit educational institution museum library archive public broadcasting entity proves infringement performed purpose commercial advantage primarily educational religious charitable ceases infringement expeditiously receiving notice claim infringement allows injunctive relief prevent restrain infringement subject exception limitation directs register copyrights undertake process certify databases available facilitate searching works protected copyright report house senate judiciary_committees implementation effects certain amendments act including recommendations legislative changes report committees remedies copyright infringement claims individual copyright owner related group copyright owners seeking small amounts monetary relief directs comptroller_general report committees function deposit requirement copyright registration system


Summary: Transfers from the director of the United States Patent and Trademark Office (PTO) to the Secretary of Commerce the authority to appoint administrative patent judges and administrative trademark judges. Requires the Secretary to consult with the director on such appointments. Names the PTO's deputy director as an additional member of the Trademark Trial and Appeal Board. Authorizes the Secretary, in his or her discretion, to deem the appointment of an administrative patent judge or an administrative trademark judge who, before enactment, held office pursuant to an appointment by the director to take effect on the date on which the director initially appointed the administrative patent judge. Makes it a defense to a challenge to the appointment of an administrative patent judge or an administrative trademark judge on the basis of the judge's having been originally appointed by the director that the administrative patent judge so appointed was acting as a de facto officer.

transfers director united_states patent trademark_office secretary commerce authority appoint administrative patent judges administrative trademark judges requires secretary consult director appointments names deputy director additional member trademark trial appeal board authorizes secretary discretion deem appointment administrative patent judge administrative trademark judge enactment held office pursuant appointment director effect date director initially appointed administrative patent judge makes defense challenge appointment administrative patent judge administrative trademark judge basis judge having originally appointed director administrative patent judge appointed acting facto officer


Summary: Prioritizing Resources and Organization for Intellectual Property Act of 2008 - Title I: Enhancements to Civil Intellectual Property Laws - (Sec. 101) Amends federal copyright law to provide that copyright registration requirements apply to civil (not criminal) infringement actions and provide a safe harbor for copyright registrations that contain inaccurate information.(Sec. 102) Allows a court, while an infringement action is pending, to impound records documenting the manufacture, sale, or receipt of related things, requiring a protective order to ensure that confidential, private, proprietary, or privileged information is not improperly disclosed or used.Amends trademark seizure provisions to broaden protective order requirements.(Sec. 103) Amends the Trademark Act to revise treble damages provisions and double statutory damages in counterfeiting cases.(Sec. 104) Doubles statutory damage minimums and maximums for the use of counterfeit trademarks.(Sec. 105) Makes exportation of copies or phonorecords without the copyright owner's authority an infringement. (Importation is already an infringement.)Title II: Enhancements to Criminal Intellectual Property Laws - (Sec. 205) Imposes criminal penalties if, in intentionally trafficking in counterfeit goods or services, an offender knowingly or recklessly causes serious bodily injury or death.Prohibits the transshipment or exportation of counterfeit goods or services and deems such acts to be violations of the Acts commonly referred to as the Trademark Act of 1946 or the Lanham Act.(Sec. 206) Requires, for civil and criminal violations of certain provisions, the forfeiture and destruction of any articles involved, any property used in commission of the offense, and property constituting or derived from proceeds obtained directly or indirectly from the offense. (Those provisions relate to: (1) economic espionage involving trade secrets and benefiting any foreign government, instrumentality, or agent; (2) criminal copyright infringement; (3) trafficking in counterfeit goods or services; (4) unauthorized fixation of, and trafficking in, sound and video recordings of live musical performances; and (5) unauthorized recording of motion pictures.)Requires, in addition, restitution for violation of such provisions.(Sec. 208) Revises the penalties applicable to various criminal copyright violations.Title III: Coordination and strategic Planning of Federal Effort Against Counterfeiting and Infringement - (Sec. 301) Directs the President to appoint an Intellectual Property Enforcement Coordinator (IPEC). Includes in the IPEC's duties chairing the interagency intellectual property enforcement advisory committee (IIPEAC) established by this Act and coordinating the development, and assisting in the implementation, of the IIPEAC's Joint Strategic Plan against counterfeiting and piracy.(Sec. 303) Requires the Plan to include in its objectives: (1) reducing counterfeit and infringing goods in the domestic and international supply chain; (2) identifying and addressing structural weaknesses, systemic flaws, or other unjustified impediments to effective enforcement; (3) ensuring that information is identified and shared among the relevant departments and agencies; (4) disrupting and eliminating domestic and international counterfeiting and infringement networks; and (5) providing training and technical assistance to foreign governments to enhance those governments' enforcement of counterfeiting and infringement laws. Requires a report every three years to the House and Senate Judiciary and Appropriations Committees.(Sec. 304) Requires an annual report to Congress on the IIPEAC's activities.(Sec. 305) Amends the Treasury and General Government Appropriations Act, 2000 to repeal provisions establishing the National Intellectual Property Law Enforcement Coordination Council, effective on Senate confirmation of the IPEC.(Sec. 306) Authorizes appropriations to carry out this title.Title IV: Department of Justice Programs - (Sec. 401) Amends the Computer Crime Enforcement Act to allow existing grants to combat computer crime to be used for activities relating to infringement of copyrighted works over the Internet. Authorizes appropriations. Authorizes the Office of Justice Programs of the Department of Justice (DOJ) to make grants for training, prevention, enforcement, and prosecution of intellectual property theft and infringement crimes. Authorizes appropriations.(Sec. 402) Requires the Attorney General, subject to appropriations, to: (1) ensure that there are at least 10 additional operational Federal Bureau of Investigation (FBI) agents designated to support the DOJ's Computer Crime and Intellectual Property section on the investigation and coordination of intellectual property crimes; (2) increase by at least one the number of FBI agents supporting any DOJ Computer Hacking and Intellectual Property Crime Unit; (3) ensure that all such Units located at a U.S. Attorney's office are assigned at least two Assistant United States Attorneys; (4) ensure the implementation of a regular and comprehensive intellectual property training program; and (5) create and implement a comprehensive, long-range plan to investigate and prosecute international organized crime syndicates engaging in or supporting crimes relating to intellectual property theft. Authorizes appropriations.(Sec. 403) Authorizes appropriations to hire and train law enforcement officers to investigate and prosecute intellectual property crimes and other crimes committed using information technology, including through the Internet, and to enable DOJ units to procure advanced tools of forensic science and expert computer forensic assistance to investigate, prosecute, and study such crimes.(Sec. 404) Directs the Attorney General and the FBI's director each to report annually to Congress on actions to carry out this title.Title V: Miscellaneous - (Sec. 501) Requires the Comptroller General to report to Congress on how the federal government could better protect the intellectual property of manufacturers by quantification of the impacts of imported and domestic counterfeit goods on the U.S. manufacturing industry and on the overall U.S. economy.(Sec. 502) Requires the Comptroller General to report to the House and Senate Judiciary Committees on the Judiciary of the Senate and to the Committee on the Judiciary of the House of Representatives on: (1) the actions of the IPEC and the Attorney General in carrying out this Act; (2) any possible legislative, administrative, or regulatory changes to better achieve this Act's goals and purposes; (3) the effectiveness of any actions taken by the IPEC and the Attorney General to minimize duplicating the efforts, materials, facilities, and procedures of any other federal agency and to enhance efficiency and consistency in enforcing, investigating, or prosecuting intellectual property crimes; and (4) any actions to reduce duplication of efforts and increase that efficiency and consistency.(Sec. 503) Expresses the sense of Congress that: (1) effective criminal enforcement of the intellectual property laws should be among the Attorney General's highest priorities; and (2) the Attorney General shall give priority to intellectual property theft cases with a nexus to terrorism and organized crime.Expresses the sense of Congress that, with respect to criminal counterfeiting and infringement of computer software, the Attorney General should give priority to cases: (1) involving willful theft for commercial advantage or private financial gain; (2) where the theft is central to the viability of the commercial activity of the enterprise (or subsidiary) involved in the violation; (3) where the counterfeited or infringing goods or services enable unfair competition; or (4) where there is actual knowledge of the theft by the directors or officers of the enterprise.

prioritizing resources organization intellectual property act title enhancements civil intellectual property laws sec amends federal copyright law provide copyright registration requirements apply civil criminal infringement actions provide safe harbor copyright registrations contain inaccurate allows court infringement action pending impound records documenting manufacture sale receipt related things requiring protective order ensure confidential private proprietary privileged information improperly disclosed amends trademark seizure provisions broaden protective order amends trademark act revise treble damages provisions double statutory damages counterfeiting doubles statutory damage minimums use counterfeit makes exportation copies copyright owner authority infringement importation enhancements criminal intellectual property laws sec imposes criminal penalties intentionally trafficking counterfeit goods services offender knowingly recklessly causes bodily injury death prohibits transshipment exportation counterfeit goods services deems acts violations acts commonly referred trademark act requires civil criminal violations certain provisions forfeiture destruction articles involved property commission offense property constituting derived proceeds obtained directly indirectly offense provisions relate economic espionage involving trade secrets benefiting foreign government instrumentality agent criminal copyright infringement trafficking counterfeit goods services unauthorized trafficking sound video recordings live musical performances unauthorized recording motion addition restitution violation revises penalties applicable criminal copyright violations title iii coordination strategic planning federal effort counterfeiting infringement sec directs president appoint intellectual property enforcement coordinator includes duties interagency intellectual property enforcement advisory_committee established act coordinating development assisting implementation joint strategic plan counterfeiting requires plan include objectives reducing counterfeit infringing goods domestic international supply chain identifying addressing structural weaknesses systemic unjustified impediments effective enforcement ensuring information identified shared relevant departments agencies disrupting eliminating domestic international counterfeiting infringement networks providing training technical assistance foreign governments enhance governments enforcement counterfeiting infringement laws requires report years house senate judiciary appropriations requires annual report congress amends treasury general government appropriations act repeal provisions establishing national intellectual property law enforcement coordination council effective senate confirmation authorizes appropriations carry title title department_of_justice programs sec amends computer crime enforcement act allow existing grants combat computer crime activities relating infringement copyrighted works internet authorizes appropriations authorizes office_of_justice_programs_of_the_department_of_justice doj grants training prevention enforcement prosecution intellectual property theft infringement crimes authorizes requires attorney general subject appropriations ensure additional operational federal_bureau_of_investigation fbi agents designated support doj computer crime intellectual property section investigation coordination intellectual property crimes increase number fbi agents supporting doj computer intellectual property crime unit ensure units located attorney office assigned assistant united_states attorneys ensure implementation regular comprehensive intellectual property training program create implement comprehensive long range plan investigate prosecute international organized crime engaging supporting crimes relating intellectual property theft authorizes authorizes appropriations hire train law enforcement officers investigate prosecute intellectual property crimes crimes committed information technology including internet enable doj units procure advanced tools forensic science expert computer forensic assistance investigate prosecute study directs attorney general fbi director report annually congress actions carry title title miscellaneous sec requires comptroller_general report congress federal_government better protect intellectual property manufacturers quantification impacts imported domestic counterfeit goods manufacturing industry overall requires comptroller_general report house senate judiciary_committees judiciary senate committee judiciary house_of_representatives actions attorney general carrying act possible legislative administrative regulatory changes better achieve act goals purposes effectiveness actions taken attorney general minimize efforts materials facilities procedures federal agency enhance efficiency consistency enforcing investigating prosecuting intellectual property crimes actions reduce duplication efforts increase efficiency expresses sense congress effective criminal enforcement intellectual property laws attorney general highest priorities attorney general shall priority intellectual property theft cases nexus terrorism organized crime expresses sense congress respect criminal counterfeiting infringement computer software attorney general priority cases involving willful theft commercial advantage private financial gain theft central viability commercial activity enterprise subsidiary involved violation infringing goods services enable unfair competition actual knowledge theft directors officers enterprise