I 

112TH CONGRESS 

2D SESSION H. R. 4216 

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

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2012 

Mr. POE of Texas (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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Counterfeit 

5 Prevention Act’’. 

6 SEC. 2. EXCHANGE OF INFORMATION RELATED TO TRADE 

7 ENFORCEMENT. 

8 Section 1905 of title 18, United States Code, is 

9 amended— 

10 (1) by striking ‘‘Whoever’’ and inserting ‘‘(a) 

11 Whoever’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(b) It shall not be a violation of this section for an 

3 officer or employee of U.S. Customs and Border Protec4 tion, at the time that merchandise is presented for exam5 ination and thereafter, to provide the owner of a copyright 

6 or a registered mark, or any person who may be injured 

7 by a violation of section 1201 of title 17, United States 

8 Code— 

9 ‘‘(1) any information appearing on the mer10 chandise, including its retail packaging; 

11 ‘‘(2) a sample of such merchandise and its re12 tail packaging; or 

13 ‘‘(3) digital images of such merchandise and its 

14 retail packaging, 

15 as it was presented to the U.S. Customs and Border Pro16 tection, without redaction, whether imported into or ex17 ported from the United States, or attempted to be ex18 ported from the United States, for the purposes of deter19 mining whether the merchandise or its retail packaging 

20 infringes the copyright, bears or consists of a counterfeit 

21 mark of the registered mark, or is a violation of section 

22 1201 of title 17, United States Code. 

23 ‘‘(c) It shall not be a violation of this section for an 

24 officer or employee of U.S. Customs and Border Protec25 tion, after a determination is made that merchandise is 


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1 in violation of section 1201 of title 17, United States 

2 Code, to provide information to persons injured by such 

3 violation, including, but not limited to, the following: 

4 ‘‘(1) The date of importation of the merchan5 dise seized. 

6 ‘‘(2) The United States port of entry at which 

7 the merchandise was seized. 

8 ‘‘(3) A description of the merchandise. 

9 ‘‘(4) The quantity of merchandise seized. 

10 ‘‘(5) The country of origin of the merchandise. 

11 ‘‘(6) The name and address of the foreign man12 ufacturer of the merchandise. 

13 ‘‘(7) The name and address of the exporter of 

14 the merchandise. 

15 ‘‘(8) The name and address of the importer of 

16 the merchandise. 

17 ‘‘(9) A photographic or digital image of the 

18 merchandise. 

19 ‘‘(d) As used in this section— 

20 ‘‘(1) the term ‘registered mark’ has the mean21 ing given that term in section 45 of the Lanham Act 

22 (15 U.S.C. 1127); 

23 ‘‘(2) the term ‘Lanham Act’ has the meaning 

24 given that term in section 2320(e) of this title; 


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1 ‘‘(3) the term ‘counterfeit mark’ has the mean2 ing given that term in section 2320(e) of this title; 

3 and 

4 ‘‘(4) the term ‘without redaction’ means with5 out deleting, revising, or otherwise obscuring any in6 formation, codes, marks, numbers, or any other 

7 markings appearing on the merchandise or its retail 

8 packaging.’’. 

Æ 


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