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The National Intellectual Property Law Enforcement Coordinating Council (NIPLECC), created by Congress in 1999, is an interagency group responsible for coordinating domestic and international IP protection efforts across federal government agencies. Led by the U.S. Coordinator for International Intellectual Property Enforcement, NIPLECC is comprised of the following members: the Director of the U.S. Patent and Trademark Office, the Assistant Attorney General (Criminal Division), the Undersecretary of State for Economics, Business and Agricultural Affairs, the Deputy United States Trade Representative, the Commissioner of Customs, and the Under Secretary of Commerce for International Trade. The U.S. Copyright Office has an advisory role in NIPLECC.
In 2005, Congress broadened NIPLECC's charter to include setting policies, objectives and strategies concerning international intellectual property protection and intellectual property enforcement; promulgating a strategy for protecting American intellectual property overseas; and coordinating and overseeing the implementation by government agencies of those policies, objectives and priorities and the execution of that strategy. To lead NIPLECC's efforts, Congress created the U.S. Coordinator for International Intellectual Property Enforcement.
Pursuant to the PRO-IP Act, the statutory provision creating NIPLECC will be repealed and the interagency coordinating functions of NIPLECC will be superceded once an Intellectual Property Enforcement Coordinator has been appointed and confirmed.
According to a 2008 GAO report:
- NIPLECC has struggled to define its purpose, retains an image of inactivity within the private sector, and continues to have leadership problems despite enhancements made by Congress in December 2004 to strengthen its role. In addition, in July 2006, Senate appropriators expressed concern about the lack of information provided by NIPLECC on its progress.
The NIPLECC published the following reports:
- 2008 Report: Report to the President and Congress on Coordination of Intellectual Property Enforcement and Protection (Jan. 2008) (full-text).
- 2006 Report: Report to the President and Congress on Coordination of Intellectual Property Enforcement and Protection (Sept. 2006) (full-text).
- 2004 Report: NIPLECC 2004 Annual Report (2004) (full-text).
- 2003 Report: NIPLECC 2003 Annual Report (2003) (full-text).
- 2001-2002 Report: NIPLECC Report: The National Intellectual Property Law Enforcement Coordination Council 2001-2002A (2002) (full-text).
- ↑ Section 653 of the Treasury and General Government Appropriations Act of 2000 (Pub. L. No. 106-58, 15 U.S.C. §1128). Section 653(b) set out NIPLECC's duties: “The Council established in subsection (a) shall coordinate domestic and international intellectual property law enforcement among federal and foreign entities.”
- ↑ For more information about NIPLECC, see NIPLECC, Report to the President and Congress on Coordination of Intellectual Property Enforcement and Prosecution (Sept. 2006) (full-text).
- ↑ In the 2005 Consolidated Appropriations Act, Congress revisited NIPLECC's role. Pub. L. No. 108-447 provides that NIPLECC shall:
- (1) establish policies, objectives, and priorities concerning international intellectual property protection and intellectual property law enforcement,
- (2) promulgate a strategy for protecting American intellectual property overseas,
- (3) coordinate and oversee implementation by agencies with responsibilities for intellectual property protection and intellectual property law enforcement of the policies, objectives, and priorities established under paragraph (1) and the fulfillment of the responsibilities assigned to such agencies in the strategy described in paragraph (2).
- ↑ Intellectual Property: Leadership and Accountability Needed to Strengthen Federal Protection and Enforcement, at 3.