15 U.S.C. § 8115: Savings and repeals

Summary

After the Senate confirms IPEC, it can use the staff and services of the old National Intellectual Property Law Enforcement Coordination Council for a reasonable time. That lets IPEC carry out duties moved from the Council and make the transfer orderly. Other federal agencies keep their current powers. Except for that transitional help, this part does not change agency authority over investigating and prosecuting intellectual property violations, enforcing IP rules at U.S. borders, or the U.S. trade agreements program and international trade. It also does not take away listed agencies’ powers or move control of law enforcement resources or the starting or handling of cases from the agency that is responsible.

Title 15, §8115

Commerce and Trade, Source: USLM XML via OLRC

(a)Transition from NIPLECC to IPEC

(1)Omitted

(2)Continuity of performance of duties

Upon confirmation by the Senate, and notwithstanding paragraph (1), the IPEC may use the services and personnel of the National Intellectual Property Law Enforcement Coordination Council, for such time as is reasonable, to perform any functions or duties which in the discretion of the IPEC are necessary to facilitate the orderly transition of any functions or duties transferred from the Council to the IPEC pursuant to any provision of this Act or any amendment made by this Act.

(b)Current authorities not affected

Except as provided in subsection (a), nothing in this subchapter shall alter the authority of any department or agency of the United States (including any independent agency) that relates to—

(1)the investigation and prosecution of violations of laws that protect intellectual property rights;

(2)the administrative enforcement, at the borders of the United States, of laws that protect intellectual property rights; or

(3)the United States trade agreements program or international trade.

(c)Rules of construction

Nothing in this subchapter—

(1)shall derogate from the powers, duties, and functions of any of the agencies, departments, or other entities listed or included under section 8111(b)(3)(A) of this title; and

(2)shall be construed to transfer authority regarding the control, use, or allocation of law enforcement resources, or the initiation or prosecution of individual cases or types of cases, from the responsible law enforcement department or agency.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (a)(2), is Pub. L. 110–403, Oct. 13, 2008, 122 Stat. 4256, known as the Prioritizing Resources and Organization for Intellectual Property Act of 2008, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see

Short Title

note set out under section 8101 of this title and Tables. This subchapter, referred to in subsecs. (b) and (c), was in the original “this title”, meaning title III of Pub. L. 110–403, Oct. 13, 2008, 122 Stat. 4264, which is classified principally to this subchapter. For complete classification of title III to the Code, see Tables. Codification Section is comprised of section 305 of Pub. L. 110–403. Subsec. (a)(1) of section 305 of Pub. L. 110–403 repealed section 1128 of this title.

§8115 Savings and Repeals