I 112th CONGRESS 2d Session H. R. 6012 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.

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.