Title: Counterfeit Goods Seizure Act of 2019
Policy area: Foreign Trade and International Finance

Summary:
Counterfeit Goods Seizure Act of 2019
This bill authorizes the U.S. Customs and Border Protection (CBP) to seize goods or packaging entering the United States that involve design patent infringement. Current law authorizes the CBP to seize only goods or packaging that involve copyright, trademark, or trade name infringement.
The CBP may impose a fee to cover the administrative costs of recording design patents. (Currently, rights owners may record their intellectual property with the CBP to assist with the CBP's intellectual property enforcement efforts.)

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2987 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2987

   To authorize U.S. Customs and Border Protection to seize imported 
  merchandise that infringes a design patent, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 5, 2019

   Mr. Tillis (for himself, Mr. Coons, Mr. Cassidy, and Ms. Hirono) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To authorize U.S. Customs and Border Protection to seize imported 
  merchandise that infringes a design patent, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Counterfeit Goods Seizure Act of 
2019''.

SEC. 2. SEIZURE OF IMPORTED MERCHANDISE THAT INFRINGES A DESIGN PATENT.

    Section 596(c)(2)(C) of the Tariff Act of 1930 (19 U.S.C. 
1595a(c)(2)(C)) is amended--
            (1) by inserting ``design patent,'' after ``copyright,''; 
        and
            (2) by inserting ``section 271 or 289 of title 35, United 
        States Code,'' after ``title 17, United States Code,''.

SEC. 3. AUTHORITY TO CHARGE A FEE FOR ADMINISTRATIVE COSTS RELATING TO 
              RECORDATION OF DESIGN PATENTS.

    (a) In General.--The Commissioner of U.S. Customs and Border 
Protection may prescribe regulations, pursuant to section 9701 of title 
31, United States Code, providing for the imposition of a fee to cover 
the administrative costs to U.S. Customs and Border Protection of 
recordation of design patents.
    (b) Receipts Credited as Offsetting Collections.--Notwithstanding 
section 3302 of title 31, United States Code, fees collected under 
subsection (a) shall--
            (1) be credited as offsetting collections to the 
        appropriations account that finances the activities and 
        services for which the fee is imposed;
            (2) be available for expenditure only to pay the costs of 
        activities and services for which the fee is imposed; and
            (3) remain available until expended.
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