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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foreign Counterfeit 
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) 
Whoever’’; and 
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(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 Protec-
tion, at the time that merchandise is presented for exam-
ination 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 mer-
chandise, including its retail packaging; 
‘‘(2) a sample of such merchandise and its re-
tail packaging; or 
‘‘(3) digital images of such merchandise and its 
retail packaging, 
as it was presented to the U.S. Customs and Border Pro-
tection, without redaction, whether imported into or ex-
ported from the United States, or attempted to be ex-
ported from the United States, for the purposes of deter-
mining 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 Protec-
tion, after a determination is made that merchandise is 
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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 merchan-
dise 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 man-
ufacturer 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 mean-
ing 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; 
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‘‘(3) the term ‘counterfeit mark’ has the mean-
ing given that term in section 2320(e) of this title; 
and 
‘‘(4) the term ‘without redaction’ means with-
out deleting, revising, or otherwise obscuring any in-
formation, codes, marks, numbers, or any other 
markings appearing on the merchandise or its retail 
packaging.’’. 
Æ 
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