Title 15 — Commerce and Trade
Chapter 107 — Protection of Intellectual Property Rights
§ 8115. Savings and repeals
Statutory text
Transition from NIPLECC to IPEC
Omitted
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.
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—
the investigation and prosecution of violations of laws that protect intellectual property rights;
the administrative enforcement, at the borders of the United States, of laws that protect intellectual property rights; or
the United States trade agreements program or international trade.
Rules of construction
Nothing in this subchapter—
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
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.
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.
Prioritizing Resources and Organization for Intellectual Property Act of 2008
Pub. L. 110–403 title III § 305 · 122 Stat. 4256
Enacted · 15 U.S.C. § 8115
(Pub. L. 110–403, title III, § 305, Oct. 13, 2008, 122 Stat. 4270.)
Source evidence
Code source credit
(Pub. L. 110–403, title III, § 305, Oct. 13, 2008, 122 Stat. 4270.)Enacted provision · exact public law section
SEC. 305. SAVINGS AND REPEALS. (a) Transition From NIPLECC to IPEC.— (1) Repeal of niplecc.— Section 653 of the Treasury and General Government Appropriations Act, 2000 (15 U.S.C. 1128) is repealed effective upon confirmation of the IPEC by the Senate and publication of such appointment in the Congressional Record. (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 title 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 title— (1) shall derogate from the powers, duties, and functions of any of the agencies, departments, or other entities listed or included under section 301(b)(3)(A); 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.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
This Act, referred to in subsec. (a)(2), is Pub. L. 110–403, , 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, , 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.