Counterfeit Goods Seizure Act of 2019

Bill: 116-s-2987
Sponsor: full_name: Sen. Tillis, Thomas [R-NC]
Introduced: 2019-12-05
Policy area: Foreign Trade and International Finance
Subjects: Commerce

Customs enforcement

Intellectual property

User charges and fees
Latest action: action_date: 2019-12-05
text: Read twice and referred to the Committee on Finance.

Summaries:
action_date: 2019-12-05
action_desc: Introduced in Senate
text: <p><b>Counterfeit Goods Seizure Act of 2019</b></p> <p>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. </p> <p>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.)</p>

tv_txt: II 116th CONGRESS 1st Session S. 2987 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.

1. Short title This Act may be cited as the Counterfeit Goods Seizure Act of 2019 . 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, . 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.