§ 2260. Licensing of intellectual property: retention of fees

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 div. A title X § 1004(a) · 118 Stat. 1811

   Enacted · 10 U.S.C. § 2260

   Added Pub. L. 108–375, div. A, title X, § 1004(a), Oct. 28, 2004, 118 Stat. 2035

   Source evidence

   Code source credit
   Added Pub. L. 108–375, div. A, title X, § 1004(a), Oct. 28, 2004, 118 Stat. 2035

   Enacted provision · exact public law section
   (a) Authority.— Subchapter II of chapter 134 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2260. Licensing of intellectual property: retention of fees “(a) Authority.— Under Regulations. regulations prescribed by the Secretary of Defense, the Secretary concerned may license trademarks, service marks, certification marks, and collective marks owned or controlled by the Secretary concerned and may retain and expend fees received from such licensing in accordance with this section. “(b) Designated Marks.— The Secretary concerned shall designate the trademarks, service marks, certification marks, and collective marks regarding which the Secretary will exercise the authority to retain licensing fees under this section. “(c) Use of Fees.— The Secretary concerned shall use fees retained under this section for the following purposes: “(1) For payment of the following costs incurred by the Secretary: “(A) Costs of securing trademark registrations. “(B) Costs of operating the licensing program under this section. “(2) For morale, welfare, and recreation activities under the jurisdiction of the Secretary, to the extent (if any) that the total amount of the licensing fees available under this section for a fiscal year exceed the total amount needed for such fiscal year under paragraph (1). “(d) Availability.— Fees received in a fiscal year and retained under this section shall be available for obligation in such fiscal year and the following two fiscal years. “(e) Definitions.— In this section, the terms ‘trademark’, ‘service mark’, ‘certification mark’, and ‘collective mark’ have the meanings given such terms in section 45 of the Act of July 5, 1946 (commonly referred to as the Trademark Act of 1946; 15 U.S.C. 1127).” .

2. 2008

   Acquisition Improvement and Accountability Act of 2007

   Pub. L. 110–181 § 882(a) · 122 Stat. 3

   1. Added · 10 U.S.C. § 2260(c)(e)

      Pub. L. 110–181, § 882(a), added subsec. (c)

   2. Redesignated · 10 U.S.C. § 2260(c)(e)

      Pub. L. 110–181, § 882(a), redesignated former subsecs. (c) and (d) as (d) and (e), respectively. Former subsec. (e) redesignated (f)

   Source evidence

   Code amendment note
   Subsecs. (c) to (e). Pub. L. 110–181, § 882(a), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. Former subsec. (e) redesignated (f).

   Enacted provision · exact public law section
   (a) Authority to License Certain Items.— Section 2260 of title 10, United States Code, is amended— (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (2) by inserting after subsection (b) the following new subsection: “(c) Licenses for Qualifying Companies.— (1) The Secretary concerned may license trademarks, service marks, certification marks, and collective marks owned or controlled by the Secretary relating to military designations and likenesses of military weapons systems to any qualifying company upon receipt of a request from the company. “(2) For purposes of paragraph (1), a qualifying company is any United States company that— “(A) is a toy or hobby manufacturer; and “(B) is determined by the Secretary concerned to be qualified in accordance with such criteria as determined appropriate by the Secretary of Defense. “(3) The fee for a license under this subsection shall not exceed by more than a nominal amount the amount needed to recover all costs of the Department of Defense in processing the request for the license and supplying the license. “(4) A license to a qualifying company under this subsection shall provide that the license may not be transferred, sold, or relicensed by the qualifying company. “(5) A license under this subsection shall not be an exclusive license.” .

   Effective date note
   Pub. L. 110–181, div. A, title VIII, § 882(b), Jan. 28, 2008, 122 Stat. 264, provided that: “The Secretary of Defense shall prescribe regulations to implement the amendment made by this section [amending this section] not later than 180 days after the date of the enactment of this Act [Jan. 28, 2008].”

3. 2008

   Acquisition Improvement and Accountability Act of 2007

   Pub. L. 110–181 § 882(a)(1) · 122 Stat. 3

   Redesignated · 10 U.S.C. § 2260(f)

   Pub. L. 110–181, § 882(a)(1), redesignated subsec. (e) as (f)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 110–181, § 882(a)(1), redesignated subsec. (e) as (f).

   Enacted provision · exact public law section
   (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and

   Effective date note
   Pub. L. 110–181, div. A, title VIII, § 882(b), Jan. 28, 2008, 122 Stat. 264, provided that: “The Secretary of Defense shall prescribe regulations to implement the amendment made by this section [amending this section] not later than 180 days after the date of the enactment of this Act [Jan. 28, 2008].”

4. 2008

   Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

   Pub. L. 110–417 § 881(1) · 122 Stat. 4356

   Inserted · 10 U.S.C. § 2260(a)

   Pub. L. 110–417, § 881(1), inserted “or the Secretary of Homeland Security” after “Secretary of Defense”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–417, § 881(1), inserted “or the Secretary of Homeland Security” after “Secretary of Defense”.

   Enacted provision · exact public law section
   (1) in subsection (a), by inserting “or the Secretary of Homeland Security” after “Secretary of Defense”; and

5. 2008

   Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

   Pub. L. 110–417 § 881(2) · 122 Stat. 4356

   1. Substituted · 10 U.S.C. § 2260(f)

      Pub. L. 110–417, § 881(2), substituted “this section:” for “this section,”

   2. Substituted · 10 U.S.C. § 2260(f)

      Pub. L. 110–417, § 881(2), substituted “(1) The” for “the”

   3. Added · 10 U.S.C. § 2260(f)

      Pub. L. 110–417, § 881(2), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 110–417, § 881(2), substituted “this section:” for “this section,” and “(1) The” for “the” and added par. (2).

   Enacted provision · exact public law section
   (2) in subsection (f)— (A) by striking “(f) Definitions.—In this section, the” and inserting the following: “(f) Definitions.— In this section: “(1) The” ; and (B) by adding at the end the following new paragraph: “(2) The term ‘Secretary concerned’ has the meaning provided in section 101(a)(9) of this title and also includes— “(A) the Secretary of Defense, with respect to matters concerning the Defense Agencies and Department of Defense Field Activities; and “(B) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.” .

8 of 8 references resolved to an enrolled provision