A bill aiming to aggressively combat the proliferation of counterfeits and intellectual property infringement in trade is headed to President Donald Trump’s desk after passage in the Senate with unanimous support on Wednesday.
The Customs Notification Act (H.R. 4930) expands Customs and Border Protection’s (CBP) authority to share information that agents uncover about suspected trade violations, like IP theft, with stakeholders like trademark or copyright owners.
The bipartisan bill broadens CBP’s ability to share information with brands and retailers during IP enforcement of American IP rights at the border, encompassing not just the imported products and packaging, but packing materials that are linked to shipments suspected of counterfeit activity.
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It also expands the designation of who qualifies as eligible to receive such information from CBP, bolstering information sharing with stakeholders whose input could help support the agency’s efforts to identify and stop counterfeits from entering the country.
Under current law, CBP may only request assistance from specified persons when it suspects violative merchandise is being brought in. In order for the stakeholder party to examine the import in question and test its authenticity, CBP has to provide them with specific information appearing on the merchandise and its packaging and labels. This bill expands the scope of information and photos that CBP can pass on, including images of packing materials and containers.
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