Bipartisan Bill Introduced to Combat Counterfeit Imports | Gibney Anthony & Flaherty, LLP

Senators Chuck Grassley (R-Iowa) and Maggie Hassan (D-N.H.) introduced bipartisan legislation to detect and combat counterfeit and pirated imports. Companion legislation is also being introduced in the House by Reps. Blake Moore (R-Utah) and Brad Schneider (D-Ill.). The bill would increase the ability for Customs and Border Protection (CPB) to share information with intellectual property rights holders, transportation carriers and e-commerce platforms to coordinate detection and prevention.

What the Bill Means for IP Protection
Currently, while CBP identifies counterfeit products at U.S. ports of entry and flags them for businesses, they can only share limited information about the suspected shipments. This would provide CPB with authority to share pertinent information with companies, carriers, and platforms. Key information that could be shared includes:

• Shipping labels and tracking numbers
• Sender and recipient addresses
• Invoices and manifests
• Outer packaging images, like courier tape, weight notations, and box markings
• Container-level packaging information and data

It would also help CBP better identify repeat senders, target “drop addresses” and focus on common ports of entry.

Read the full bill here.

What to Expect Next
The Moore-Schneider bill is supported by the Alliance for Automotive Innovation, Alliance for Safe Online Pharmacies, American Apparel & Footwear Association, Automotive Anti-Counterfeiting Council, Baby Safety Alliance, International AntiCounterfeiting Coalition, International Trademark Association, Partnership for Safe Medicines, Pharmaceutical Security Institute, and Transnational Alliance to Combat Illicit Trade.

Gibney’s IP is closely monitoring developments and will continue to provide updates. 

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