113 HR 22 IH: Foreign Counterfeit Merchandise Prevention Act
U.S. House of Representatives
2013-01-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Foreign Counterfeit Merchandise
Prevention Act
.
2.Exchange of
information related to trade enforcementSection 1905 of title 18, United States
Code, is amended—
(1)by striking
Whoever
and inserting (a)
In
general.—Whoever
; and
(2)by adding at the
end the following:
(b)Provision of
information relating to merchandise presented to CustomsIt shall
not be a violation of this section for an officer or employee of U.S. Customs
and Border Protection, upon detention 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—
(1)any information
appearing on the merchandise, including its retail packaging,
(2)a sample of the
merchandise and its retail packaging, or
(3)digital images of
the merchandise and its retail packaging,
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.(c)Provision of
information relating to seized merchandiseIt 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:
(1)The date of
importation.
(2)The port of
entry.
(3)The description of
the merchandise from the entry.
(4)The quantity
involved.
(5)The country of
origin of the merchandise.
(6)The name and
address of the foreign manufacturer.
(7)The name and
address of the exporter.
(8)The name and
address of the importer.
(9)Photographic or
digital images of the merchandise.
(d)As
used in this section—
(1)the term
registered mark has the meaning given that term in section 45 of
the Lanham Act (15 U.S.C. 1127);
(2)the term
Lanham Act has the meaning given that term in section 2320(f) of
this title;
(3)the term
counterfeit mark has the meaning given that term in section
2320(f) of this title; and
(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.
(e)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.
.
3.Prevention of
importation of manufactured goods bearing infringing marks
(a)Section 42 of the
Lanham Act (15 U.S.C. 1124), is amended—
(1)in the first
sentence, by striking Except as
and inserting (a)
In
general.—Except as
;
(2)by striking
of the Treasury
each place it appears and inserting of
Homeland Security
; and
(3)by adding at the
end the following:
(b)Detention of
critical merchandiseWith
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—
(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; and
(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.
(c)In
this section:
(1)
(A)The term critical merchandise
includes—
(i)aircraft engines,
appliances, propellers, and spare parts;
(ii)motor vehicle
equipment;
(iii)semiconductors;
and
(iv)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.
(B)For purposes of
subparagraph (A)—
(i)the terms
aircraft engine, appliance, propeller,
and spare part have the meanings given those terms in section
40102(a) of title 49, United States Code;
(ii)the term
motor vehicle equipment has the meaning given that term in section
30102(a) of title 49, United States Code; and
(iii)the term
semiconductor means semiconductor chip product
as
defined in section 901 of title 17, United States Code.
(2)The
term Secretary means the Secretary of Homeland Security.
(3)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.
(d)This section applies only with respect to tangible
goods presented to U.S. Customs and Border Protection for importation into the
United
States.
.
(b)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 (15 U.S.C. 1051 et
seq.).
(c)The amendments made by this section shall take effect upon
the expiration of the 60-day period beginning on the date of the enactment of
this Act.