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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 738 Agreed to Senate (ATS)]

<DOC>

117th CONGRESS
  2d Session
S. RES. 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''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2022

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

_______________________________________________________________________

                               RESOLUTION

 
  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''.

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.
                                 <all>
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