[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6012 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6012

To authorize the Secretary of Homeland Security to provide to owners of 
  certain intellectual property rights information on, and unredacted 
 samples and images of, semiconductor chip products suspected of being 
 imported in violation of the rights of the owner of a registered mark 
                      or the owner of a mask work.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 21, 2012

   Mr. McCaul (for himself, Mr. McKeon, Mr. Keating, Mr. Jones, Mr. 
Brooks, Mr. Chaffetz, Mr. Coffman of Colorado, Ms. Bonamici, Mr. Long, 
  Mr. Honda, Mr. Gallegly, and Mr. Heinrich) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of Homeland Security to provide to owners of 
  certain intellectual property rights information on, and unredacted 
 samples and images of, semiconductor chip products suspected of being 
 imported in violation of the rights of the owner of a registered mark 
                      or the owner of a mask work.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROVISION OF INFORMATION AND UNREDACTED SAMPLES.

    (a) In General.--Section 1905 of title 18, United States Code, is 
amended--
            (1) by striking ``Whoever'' and inserting ``(a) 
        Restrictions.--Whoever''; and
            (2) by adding at the end the following:
    ``(b) Treatment of Semiconductor Chip Products.--
            ``(1) Semiconductor chip products.--For purposes of 
        determining whether semiconductor chip products are being 
        imported into the United States in violation of section 42 of 
        the Lanham Act or in violation of any of the exclusive rights 
        of the owner of a mask work under chapter 9 of title 17, upon 
        presentation the Secretary of Homeland Security (except in such 
        cases as would compromise an ongoing law enforcement 
        investigation or would compromise national security)--
                    ``(A) may, and upon detention shall, share with the 
                holder of the registered mark or the owner of the mask 
                work, as the case may be, information on the 
                semiconductor chip products and their packaging and 
                labels, including unredacted photographs or digital 
                images of such products, packaging, and labels; and
                    ``(B) may, at any time, subject to any applicable 
                bonding requirements, supply unredacted samples of such 
                products to such holder of the registered mark or owner 
                of the mask work.
            ``(2) Action not a violation.--Actions by the Secretary of 
        Homeland Security in accordance with paragraph (1) shall not be 
        a violation of subsection (a).
    ``(c) Definitions.--As used in this section--
            ``(1) the term `Lanham Act' has the meaning given that term 
        in section 2320(e) of this title;
            ``(2) the terms `mask work' and `semiconductor chip 
        product' have the meanings given those terms in section 901 of 
        title 17;
            ``(3) the term `registered mark' has the meaning given that 
        term in section 45 of the Lanham Act (15 U.S.C. 1127); and
            ``(4) the term `unredacted' means without removing, 
        revising, or otherwise obscuring any information or markings 
        appearing on a product or its retail packaging.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act.
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