Bloomberg BNA’s Patent Trademark & Copyright Law Daily™is the IP industry’s premier news service, offering objective, timely,and reliable daily news coverage and commentary from leading IP law...
Development:New House bill, H.R. 4216, would allow Customs to reach out to rights holders in order to determine the authenticity of suspected counterfeit products.
Next Step: House Subcommittee to hold March 28 hearing on both H.R. 4216, and on another IP-related bill, the Counterfeit Drug Penalty Enhancement Act of 2011.
The Foreign Counterfeit Prevention Act would allow U.S. Customs and Border Protection to share with U.S. rights holders samples of suspected counterfeit products in order determine the authenticity of the products.
The bill, H.R. 4216, was introduced March 20 by Rep. Ted Poe (R-Tex.) on behalf of himself and Rep. Steve Chabot (R-Ohio).
The bill would amend a section of the U.S. law that governs the disclose of confidential information. 18 U.S.C. §1905.
Specifically, the bill would add a subsection making it lawful for Customs to “provide the owner of copyright or a registered mark, or any person who may be injured” with unredacted samples of the merchandise that was presented to Customs “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.”
The bill would also allow Customs agents to share with rights holders information after the agency itself determines that a product is counterfeit. Customs would be permitted to share, among other things, the date that the merchandise was seized, the port of entry of the goods, the type of merchandise that was seized, and the name and address of the exporter and importer of the merchandise.
The Subcommittee on Crime, Terrorism, and Homeland Security will hold a hearing on H.R. 4216 on Wednesday, March 28.
The committee will also hold take up the Counterfeit Drug Penalty Enhancement Act of 2011, H.R. 3668, at that time.
The Senate's version of the Counterfeit Drugs Act, S. 1886, passed by voice vote March 6. Both bills seek to increase the maximum penalties for trafficking in counterfeit pharmaceuticals.
H.R. 4216 at http://pub.bna.com/ptcj/HR4216.pdf
H.R. 3668 at http://pub.bna.com/ptcj/HR3668.pdf
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)