H.R. 4216 (112th): Foreign Counterfeit Prevention Act

112th Congress, 2011–2013. Text as of Mar 20, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

2d Session

H. R. 4216

IN THE HOUSE OF REPRESENTATIVES

March 20, 2012

(for himself and Mr. Chabot) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To provide for the exchange of information related to trade enforcement.

1.

Short title

This Act may be cited as the Foreign Counterfeit Prevention Act.

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) Whoever; and

(2)

by adding at the end the following:

(b)

It shall not be a violation of this section for an officer or employee of U.S. Customs and Border Protection, at the time that merchandise is presented for examination and thereafter, to provide the owner of a copyright or a registered mark, or any person who may be injured by a violation of section 1201 of title 17, United States Code—

(1)

any information appearing on the merchandise, including its retail packaging;

(2)

a sample of such merchandise and its retail packaging; or

(3)

digital images of such merchandise and its retail packaging,

as it was presented to the 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 the 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 a violation of section 1201 of title 17, United States Code.
(c)

It shall not be a violation of this section for an officer or employee of U.S. Customs and Border Protection, after a determination is made that merchandise is in violation of section 1201 of title 17, United States Code, to provide information to persons injured by such violation, including, but not limited to, the following:

(1)

The date of importation of the merchandise seized.

(2)

The United States port of entry at which the merchandise was seized.

(3)

A description of the merchandise.

(4)

The quantity of merchandise seized.

(5)

The country of origin of the merchandise.

(6)

The name and address of the foreign manufacturer of the merchandise.

(7)

The name and address of the exporter of the merchandise.

(8)

The name and address of the importer of the merchandise.

(9)

A photographic or digital image 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(e) of this title;

(3)

the term counterfeit mark has the meaning given that term in section 2320(e) of this title; and

(4)

the term without redaction means without deleting, revising, or otherwise obscuring any information, codes, marks, numbers, or any other markings appearing on the merchandise or its retail packaging.

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