[Congressional Record Volume 168, Number 129 (Tuesday, August 2, 2022)]
[Senate]
[Page S3867]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 738--RECOGNIZING THE IMPORTANCE OF TRADEMARKS IN THE 
 ECONOMY AND THE ROLE OF TRADEMARKS IN PROTECTING CONSUMER SAFETY, BY 
 DESIGNATING THE MONTH OF AUGUST AS ``NATIONAL ANTI-COUNTERFEITING AND 
                CONSUMER EDUCATION AND AWARENESS MONTH''

  Mr. GRASSLEY (for himself, Mr. Coons, Mr. Durbin, Mr. Tillis, and Mr. 
Warnock) submitted the following resolution; which was considered and 
agreed to:

                              S. Res. 738

       Whereas public awareness is crucial to safeguard consumers 
     and businesses from unsafe and unreliable products that, 
     through illicit activity, threaten intellectual property 
     rights, the economic market, and even the health and well-
     being of consumers;
       Whereas Federal statutes such as the Act of July 5, 1946 
     (commonly referred to as the ``Trademark Act of 1946'' or the 
     ``Lanham Act'') (60 Stat. 427, chapter 540; 15 U.S.C. 1051 et 
     seq.) (referred to in this preamble as the ``Lanham Act'') 
     and the Trademark Counterfeiting Act of 1984 (Public Law 98-
     473; 98 Stat. 2178) regulate the unlawful act of producing 
     and selling counterfeit products;
       Whereas the Lanham Act provided the foundation for modern 
     Federal trademark protection, creating legal rights and 
     remedies for brand owners suffering from trademark 
     infringement, helping consumers make informed choices by 
     reducing the amount of confusingly similar products, and 
     making the marketplace more fair, competitive, and safe for 
     all;
       Whereas, according to the World Intellectual Property 
     Organization, there was an estimated 64,400,000 active 
     trademark registrations around the world in 2020, an 11.2 
     percent increase from the previous year;
       Whereas counterfeit products undermine laws, including the 
     Lanham Act, that ensure the safety of consumers, businesses, 
     and brand owners against illegitimate products in the 
     marketplace, from which criminal groups and bad actors are 
     benefitting at the expense of the public and private sector;
       Whereas counterfeiters use different online platforms to 
     attract consumers to buy illegitimate goods, usually enticing 
     consumers through cheaper prices;
       Whereas the growth of both global commerce and electronic 
     commerce has expedited the evolving problem because it has 
     given third-party actors an enhanced opportunity to reach 
     consumers that they may have not previously been able to 
     reach;
       Whereas the deceptive tactics of counterfeiters and their 
     counterfeit products pose actual and potential harm to the 
     health and safety of United States citizens, especially the 
     most vulnerable consumers in society, such as senior citizens 
     and children;
       Whereas, according to the 2021 Special 301 Report issued by 
     the Office the United States Trade Representative, 
     counterfeit items often do not comply with regulated safety 
     standards, and as a result, vast amounts of unsafe products 
     are constantly circulating the market;
       Whereas goods originating in China and Hong Kong account 
     for approximately 80 percent of all global customs seizures 
     of dangerous counterfeit goods, including foodstuffs, 
     pharmaceuticals, cosmetics, and other goods;
       Whereas many international criminals have used the pandemic 
     to exploit the market with numerous counterfeits, and as a 
     result, have defrauded United States citizens;
       Whereas the Federal Bureau of Investigation has stressed 
     the need to educate the healthcare industry, private 
     organizations, and the public of the United States on the 
     increased potential for counterfeit medical equipment that is 
     used in relation to the COVID-19 pandemic;
       Whereas counterfeit medical products pose a particular 
     threat to the safety and health of consumers in the United 
     States because the counterfeit product does not provide the 
     same level of protection as an authentic article;
       Whereas these dangers were elevated during the COVID-19 
     pandemic by significant trafficking in counterfeit personal 
     protective equipment, medical devices, and COVID-19 
     treatments;
       Whereas, according to the World Trademark review, ``as of 
     25 March 2021, there have been 2,054 covid-19-related 
     seizures, including counterfeit masks and medicines totaling 
     in excess of $47.2 million, with 265 arrests'';
       Whereas, in September 2021, the Drug Enforcement 
     Administration (``DEA'') issued its first Public Safety Alert 
     in 6 years to warn the public about the alarming increase in 
     the availability and lethality of fake prescription pills in 
     the United States, pills that often contain deadly doses of 
     fentanyl, and in 2021 the DEA seized a staggering 20,400,000 
     fake prescription pills;
       Whereas counterfeit products threaten the United States 
     economy and job creation, and according to United States 
     Customs and Border Protection, counterfeiting and piracy cost 
     businesses in the United States more than $200,000,000,000 
     per year and has led to the loss of 750,000 jobs;
       Whereas, in 2021, the United States Customs and Border 
     Protection reported 20,252 counterfeit good seizures, with 
     ``an estimated manufacturer's suggested retail price (MSRP) 
     of over $2.15 billion if the goods were authentic [, which] 
     equates to about $5.88 million in counterfeit goods seizures 
     every day'';
       Whereas the manufacturing, trade, and consumption of 
     counterfeit products are on the rise;
       Whereas, according to the United States Patent and 
     Trademark Office, as of 2020, at least 20 percent of 
     counterfeit and pirated goods sold abroad displace sales in 
     the United States, and of the $143,000,000,000 sold of such 
     goods, the United States economy suffers a loss of around 
     $29,000,000,000 per year;
       Whereas businesses of all sizes collectively spend millions 
     of dollars to protect and enforce their own brand and 
     products by removing counterfeit products from both online 
     and physical marketplaces;
       Whereas businesses must devote resources to combating 
     counterfeit products instead of using those resources to grow 
     their business by hiring new employees and developing new 
     products;
       Whereas 1 of the most effective ways to protect consumers 
     of the dangers of counterfeit products is through educational 
     campaigns and awareness programs; and
       Whereas organizations such as the Congressional Trademark 
     Caucus, Federal enforcement agencies, the National 
     Intellectual Property Rights Coordination Center, and State 
     enforcement agencies are actively working to raise awareness 
     of the value of trademarks and the impact and harms caused by 
     counterfeit products on both the national and State 
     economies: Now, therefore, be it
       Resolved, That the Senate--
       (1) designates the month of August 2022 as ``National Anti-
     Counterfeiting and Consumer Education and Awareness Month'';
       (2) supports the goals and ideals of National Anti-
     Counterfeiting and Consumer Education and Awareness Month to 
     educate the public and raise public awareness about the 
     actual and potential dangers counterfeit products pose to 
     consumer health and safety;
       (3) affirms the continuing importance and need for 
     comprehensive Federal, State, and private sector-supported 
     education and awareness efforts designed to equip the 
     consumers of the United States with the information and tools 
     needed to safeguard against illegal counterfeit products in 
     traditional commerce, internet commerce, and other electronic 
     commerce platforms; and
       (4) recognizes and reaffirms the commitment of the United 
     States to combating counterfeiting by promoting awareness 
     about the actual and potential harm of counterfeiting to 
     consumers and brand owners and by promoting new education 
     programs and campaigns designed to reduce the supply of, and 
     demand for, counterfeit products.

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