S.Amdt. 728
What it does: Adds SEC. ___. PREVENTING THE IMPORTATION OF COUNTERFEIT PRODUCTS AND INFRINGING DEVICES wherever appropriate
Sen. Christopher A. Coons (D-DE)What it changes
1 change to S. 1619
Adds SEC. ___. PREVENTING THE IMPORTATION OF COUNTERFEIT PRODUCTS AND INFRINGING DEVICES wherever appropriate
Adds a sectionInserted: SEC. ___. PREVENTING THE IMPORTATION OF COUNTERFEIT PRODUCTS AND INFRINGING DEVICES.
Inserted: Notwithstanding section 1905 of title 18, United States Code--
Inserted: (1) if United States Customs and Border Protection suspects a product of being imported or exported in violation of section 42 of the Act entitled "An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes", approved July 5, 1946 (commonly referred to as the "Trademark Act of 1946") (15 U.S.C. 1124), and subject to any applicable bonding requirements, the Secretary of Homeland Security is authorized to share information on, and unredacted samples of, products and their packaging and labels, or photos of such products, packaging and labels, with the rightholders of the trademark suspected of being copied or simulated, for purposes of determining whether the products are prohibited from importation under that section; and
Inserted: (2) upon seizure of material by United States Customs and Border Protection imported in violation of subsection (a)(2) or subsection (b) of section 1201 of title 17, United States Code, the Secretary of Homeland Security is authorized to share information about, and provide samples to affected parties, subject to any applicable bonding requirements, as to the seizure of material designed to circumvent technological measures or protection afforded by a technological measure that controls access to or protects the owner's work protected by copyright under such title.
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 728. Mr. COONS (for himself, Mr. Grassley, and Mr. Rubio) submitted an amendment intended to be proposed by him to the bill S. 1619, to provide for identification of misaligned currency, require action to correct the misalignment, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. PREVENTING THE IMPORTATION OF COUNTERFEIT PRODUCTS AND INFRINGING DEVICES.
Notwithstanding section 1905 of title 18, United States Code--
(1) if United States Customs and Border Protection suspects a product of being imported or exported in violation of section 42 of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (commonly referred to as the “Trademark Act of 1946”) (15 U.S.C. 1124), and subject to any applicable bonding requirements, the Secretary of Homeland Security is authorized to share information on, and unredacted samples of, products and their packaging and labels, or photos of such products, packaging and labels, with the rightholders of the trademark suspected of being copied or simulated, for purposes of determining whether the products are prohibited from importation under that section; and
(2) upon seizure of material by United States Customs and Border Protection imported in violation of subsection (a)(2) or subsection (b) of section 1201 of title 17, United States Code, the Secretary of Homeland Security is authorized to share information about, and provide samples to affected parties, subject to any applicable bonding requirements, as to the seizure of material designed to circumvent technological measures or protection afforded by a technological measure that controls access to or protects the owner's work protected by copyright under such title.
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Senate amendment submitted
October 5, 2011