11 February 2011

Executive Order 13565 Intellectual Property Enforcement Advisory Committees

[Federal Register: February 11, 2011 (Volume 76, Number 29)]
[Presidential Documents]               
[Page 7681-7683]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe11-145]                         



                        Presidential Documents 




___________________________________________________________________

Title 3--
The President

[[Page 7681]]

                Executive Order 13565 of February 8, 2011

 
                Establishment of the Intellectual Property 
                Enforcement Advisory Committees

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including title III of the Prioritizing 
                Resources and Organization for Intellectual Property 
                Act of 2008 (Public Law 110-403)(15 U.S.C. 8111-8116) 
                (the ``PRO IP Act''), and in order to strengthen the 
                efforts of the Federal Government to encourage 
                innovation through the effective and efficient 
                enforcement of laws protecting copyrights, patents, 
                trademarks, trade secrets, and other forms of 
                intellectual property, both in the United States and 
                abroad, including matters relating to combating 
                infringement, and thereby support efforts to 
                reinvigorate the Nation's global competitiveness, 
                accelerate export growth, promote job creation, and 
                reduce threats posed to national security and to public 
                health and safety, it is hereby ordered as follows:

                Section 1. Senior Intellectual Property Enforcement 
                Advisory Committee.

                    (a) Establishment of Committee. There is 
                established an interagency Senior Intellectual Property 
                Enforcement Advisory Committee (Senior Advisory 
                Committee), which shall be chaired by the Intellectual 
                Property Enforcement Coordinator (Coordinator), 
                Executive Office of the President.
                    (b) Membership. The Senior Advisory Committee shall 
                be composed of the Coordinator, who shall chair it, and 
                the heads of, or the deputies to the heads of:

(i) the Department of State;

(ii) the Department of the Treasury;

(iii) the Department of Justice;

(iv) the Department of Agriculture;

(v) the Department of Commerce;

(vi) the Department of Health and Human Services;

(vii) the Department of Homeland Security;

(viii) the Office of Management and Budget; and

(ix) the Office of the United States Trade Representative.

                A member of the Senior Advisory Committee may, in 
                consultation with the Coordinator, designate a senior-
                level official from the member's department or agency 
                who holds a position for which Senate confirmation is 
                required to perform the Senior Advisory Committee 
                functions of the member.

                    (c) Mission and Functions. Consistent with the 
                authorities assigned to the Coordinator, and other 
                applicable law, the Senior Advisory Committee shall 
                advise the Coordinator and facilitate the formation and 
                implementation of each Joint Strategic Plan required 
                every 3 years under title III of the PRO IP Act (15 
                U.S.C. 8113), consistent with this order.
                    (d) Administration. The Coordinator shall 
                coordinate and support the work of the Senior Advisory 
                Committee in fulfilling its functions under this order. 
                The Coordinator shall convene the first meeting of the 
                Senior Advisory Committee within 90 days of the date of 
                this order and shall thereafter convene such meetings 
                as appropriate.

                Sec. 2. Intellectual Property Enforcement Advisory 
                Committee.

[[Page 7682]]

                    (a) Establishment of Committee. There is 
                established an interagency Intellectual Property 
                Enforcement Advisory Committee (Enforcement Advisory 
                Committee), which shall be chaired by the Coordinator. 
                The Enforcement Advisory Committee shall serve as the 
                committee established by section 301(b)(3) of the PRO 
                IP Act (15 U.S.C. 8111(b)(3)).
                    (b) Membership. The Enforcement Advisory Committee 
                shall be composed of the Coordinator, who shall chair 
                it, and representatives from the following departments 
                and agencies, or units of departments and agencies, who 
                hold a position for which Senate confirmation is 
                required, who are involved in intellectual property 
                enforcement, and who are, or are designated by, the 
                respective heads of those departments and agencies:

(i) the Office of Management and Budget;

(ii) relevant units within the Department of Justice, including the 
Criminal Division, the Civil Division, and the Federal Bureau of 
Investigation;

(iii) the United States Patent and Trademark Office, the International 
Trade Administration, and other relevant units of the Department of 
Commerce;

(iv) the Office of the United States Trade Representative;

(v) the Department of State, the Bureau of Economic, Energy, and Business 
Affairs, the United States Agency for International Development and the 
Bureau of International Narcotics and Law Enforcement Affairs;

(vi) the Department of Homeland Security, United States Customs and Border 
Protection, and United States Immigration and Customs Enforcement;

(vii) the Food and Drug Administration of the Department of Health and 
Human Services;

(viii) the Department of Agriculture;

(ix) the Department of the Treasury; and

(x) such other executive branch departments, agencies, or offices as the 
President determines to be substantially involved in the efforts of the 
Federal Government to combat counterfeiting and infringement.

                Pursuant to the PRO IP Act (15 U.S.C. 8111), the 
                Coordinator shall also invite the Register of 
                Copyrights, or a senior representative of the United 
                States Copyright Office designated by the Register of 
                Copyrights, to serve as a member of the Enforcement 
                Advisory Committee.

                    (c) Mission and Functions.

(i) Consistent with the authorities assigned to the Coordinator and the 
Enforcement Advisory Committee, and other applicable law, the Enforcement 
Advisory Committee shall develop each Joint Strategic Plan as provided for 
in title III of the PRO IP Act. In the development and implementation of 
the Joint Strategic Plan, the heads of the departments and agencies 
identified in section 2(b) of this order shall share with the Coordinator 
and the other members of the Enforcement Advisory Committee relevant 
department or agency information, to the extent permitted by law, including 
requirements relating to confidentiality and privacy, and to the extent 
that such sharing of information is consistent with law enforcement 
protocols for handling such information. Such information shall include:

  (A) plans for addressing the Joint Strategic Plan;

  (B) statistical information on the enforcement activities taken by that 
department or agency against counterfeiting or infringement; and

  (C) recommendations to enhance cooperation among Federal, State, and 
local authorities responsible for intellectual property enforcement.

(ii) The Coordinator may establish subgroups, consisting exclusively of 
Enforcement Advisory Committee members or their designees, who must be 
officials from the designating member's department or agency, to support 
the functions of the Enforcement Advisory Committee. The subgroups

[[Page 7683]]

shall be chaired by the Coordinator, or the Coordinator's designee with 
expertise and experience in intellectual property enforcement matters, and 
may include:

  (A) an Enforcement Subcommittee; and

  (B) other subcommittees as the Coordinator deems appropriate, including 
subcommittees addressing particular enforcement issues, efforts, training, 
and information sharing among departments and agencies.

                    (d) Administration. The Coordinator shall 
                coordinate and support the work of the Enforcement 
                Advisory Committee in fulfilling its functions under 
                this order and under section 301(b)(3)(B) of the PRO IP 
                Act (15 U.S.C. 8111(b)(3)(B)). The Coordinator shall 
                convene meetings of the Enforcement Advisory Committee 
                as appropriate.

                Sec. 3. General Provisions.

                    (a) Nothing in this order shall be construed to 
                impair or otherwise affect the:

(i) authority granted by law to an executive department, agency, or the 
head thereof, or the status of that department or agency within the Federal 
Government; or

(ii) functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations. Consistent with section 301(b)(2) of 
                the PRO IP Act (15 U.S.C. 8111(b)(2)), the Coordinator 
                may not control or direct any Federal law enforcement 
                agency in the exercise of its investigative or 
                prosecutorial authority.
                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    February 8, 2011.

[FR Doc. 2011-3257
Filed 2-10-11; 8:45 am]
Billing code 3195-W1-P