H.R.22 - Foreign Counterfeit Merchandise Prevention Act

To provide for the exchange of information related to trade enforcement, and for other purposes. view all titles (2)

All Bill Titles

  • Official: To provide for the exchange of information related to trade enforcement, and for other purposes. as introduced.
  • Short: Foreign Counterfeit Merchandise Prevention Act as introduced.

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Introduced
 
House
Passes
 
Senate
Passes
 
President
Signs
 

 
01/03/13
 
 
 
 
 
 
 

Sponsor

Representative

Ted Poe

R-TX

View Co-Sponsors (17)

Official Summary

Foreign Counterfeit Merchandise Prevention Act - Amends the federal criminal code to provide that it shall not be a violation of the prohibition against a federal employee disclosing trade secrets or other confidential or proprietary information for an officer or employee of U.S. Customs an

Official Summary

Foreign Counterfeit Merchandise Prevention Act - Amends the federal criminal code to provide that it shall not be a violation of the prohibition against a federal employee disclosing trade secrets or other confidential or proprietary information for an officer or employee of U.S. Customs and Border Protection (CBP):
(1) upon detention and thereafter, to provide the owner of a copyright or a registered mark or any person who may be injured by a circumvention of copyright protection systems with any information appearing on the merchandise, including its retail packaging, or a sample or image of such merchandise and its retail packaging, for the purposes of determining whether the merchandise or its packaging infringes the copyright, bears or consists of a counterfeit mark of the registered mark, or is a violation of copyright protection systems; or
(2) after seizing merchandise determined to be in violation of copyright protection systems, to provide certain information to persons injured by such violation, including the date of importation, the port of entry, a description of the merchandise, the country of origin of the merchandise, the names and addresses of the foreign manufacturer, the exporter, and the importer, and a photographic or digital image of the merchandise. Applies such exemption only with respect to tangible goods presented to the CBP for importation into, or exportation from, the United States. Amends the Lanham Act to direct the Secretary of Homeland Security (DHS) (the Secretary) to record and transmit to customs officers any contact information, documentation of the locality in which goods were manufactured, and copies of trademark registrations furnished by domestic or eligible foreign manufacturers or traders for the purpose of aiding the enforcement of a prohibition on the importation of goods bearing infringing marks or names. (Currently, such activities are performed by the Secretary of the Treasury.) Requires the Secretary, if the CBP detains critical merchandise bearing a DHS-recorded registered trademark, to provide the trademark owner any information on such critical merchandise and its packaging and labels, including, without redaction, photographs or digital images, packaging, and labels. Permits the Secretary, subject to any bonding and return requirements, to provide the owner samples of the critical merchandise without redaction. Defines \"critical merchandise\" to include:
(1) aircraft engines, appliances, propellers, and spare parts;
(2) motor vehicle equipment;
(3) semiconductors; and
(4) any other article of manufacture that the Secretary determines could, if permitted entry into the United States in violation of the U.S. laws, pose a danger to the health, safety, or welfare of consumers, or to the national security of the United States. Applies such Lanham Act amendments only with respect to tangible goods presented to the CBP for importation into the United States.

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Organizations Supporting H.R.22

  • Collegiate Licensing Company
  • National Association of Manufacturers
  • Motor and Equipment Manufacturers Association
  • International Trademark Association
  • Consumer Health Products Association
  • American Apparel and Footwear Association
  • ...and 15 more. See all.

Organizations Opposing H.R.22

  • American Free Trade Association


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