Summary

1/3/2013--Introduced.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... Read More

Status

This bill was introduced on Jan 3, 2013, in a previous session of Congress, but was not passed.

Bill Text

A BILL

To provide for the exchange of information related to trade enforcement, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Foreign Counterfeit Merchandise Prevention Act''.

SEC. 2. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCEMENT.

Section 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 Customs.--It 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...

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Sentiment Map

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Nation

42 Supporting
13 Opposing
76% 24%

State: CA

3 Supporting
1 Opposing
75% 25%

District: 1st

0 Supporting
1 Opposing
0% 100%

Popularity Trend

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Users Supporting

I support H.R. 22: Foreign Counterfeit Merchandise Prevention Act because...this kind of crime only decreases our GNP and increases our unemployment.

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Bill Summary

1/3/2013--Introduced.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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