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H.R.6654 - Foreign Counterfeit Merchandise Prevention Act
To provide for the exchange of information related to trade enforcement, and for other purposes.
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Mr. POE of Texas (for himself, Mr. CHABOT, Ms. ZOE LOFGREN of California, and Ms. LINDA T. SANCHEZ of California) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCEMENT.
‘(b) Provision of Information Relating to Merchandise Presented to Customs- It shall not be a violation of this section for an officer or employee of U.S. Customs and Border Protection, at the time that merchandise is presented for examination and thereafter, to provide to the owner of a copyright or a registered mark, or to any person who may be injured by a violation of section 1201 of title 17--CommentsClose CommentsPermalink
as it was presented to U.S. Customs and Border Protection, without redaction, whether imported into or exported from the United States, or attempted to be exported from the United States, for purposes of determining whether the merchandise or its retail packaging infringes the copyright, bears or consists of a counterfeit mark of the registered mark, or is in violation of section 1201 of title 17, as the case may be.CommentsClose CommentsPermalink
‘(c) Provision of Information Relating to Seized Merchandise- It shall not be a violation of this section for an officer or employee of U.S. Customs and Border Protection, after seizing merchandise pursuant to a determination that the merchandise is in violation of section 1201 of title 17, to provide, to persons injured by the violation, information with respect to the merchandise, including, but not limited to, the following:CommentsClose CommentsPermalink
‘(4) the term ‘without redaction’ means, with respect to merchandise, without removing, revising, or otherwise obscuring any information, codes, marks, numbers, or any other markings that appear on the merchandise or its retail packaging.CommentsClose CommentsPermalink
‘(e) Rule of Construction- Subsections (b), (c), and (d) apply only with respect to tangible goods presented to U.S. Customs and Border Protection for importation into, or exportation from, the United States.’.CommentsClose CommentsPermalink
SEC. 3. PREVENTION OF IMPORTATION OF MANUFACTURED GOODS BEARING INFRINGING MARKS.
‘(b) Detention of Critical Merchandise- With respect to critical merchandise that bears a registered trademark recorded under subsection (a), if U.S. Customs and Border Protection detains the merchandise because the merchandise is suspected of bearing a counterfeit mark, then, upon such detention, the Secretary--CommentsClose CommentsPermalink
‘(1) shall provide to the owner of the registered trademark any information on the critical merchandise and its packaging and labels, including, without redaction, photographs or digital images of the critical merchandise, packaging, and labels; andCommentsClose CommentsPermalink
‘(2) may, at any time, subject to any applicable bonding and return requirements, provide to the owner of the registered trademark samples of the critical merchandise, without redaction.CommentsClose CommentsPermalink
‘(xii) any other article of manufacture that the Secretary determines could, if permitted entry into the United States in violation of the laws of the United States pose a danger to the health, safety, or welfare of consumers, or to the national security of the United States.CommentsClose CommentsPermalink
‘(iii) the terms ‘cosmetic’, ‘device’, ‘drug’, ‘food’, ‘pesticide chemical’, and ‘tobacco product’ have the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act (
21 U.S.C. 321);CommentsClose CommentsPermalink
‘(3) WITHOUT REDACTION- The term ‘without redaction’ means, with respect to merchandise, without removing, revising, or otherwise obscuring any information, codes, marks, numbers, or any other markings that appear on the merchandise or its retail packaging.CommentsClose CommentsPermalink
‘(d) Rule of Construction- This section applies only with respect to tangible goods presented to U.S. Customs and Border Protection for importation into the United States.’.CommentsClose CommentsPermalink
(b) Definition- In this section, the term ‘Lanham Act’ means the Act entitled ‘An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes’, approved July 5, 1946 (