POE AND LOFGREN INTRODUCE BILL TO ENFORCE IP RIGHTS AND PROTECT AMERICAN INGENUITY

WASHINGTON, DC– Today, Congressman Ted Poe (R-TX) and Congresswoman Zoe Lofgren (D-CA) along with Rep. Steve Chabot (R-OH), Rep. Buck McKeon (R-CA), Rep. Michael McCaul (R-TX), Rep. Linda Sanchez (D-CA), and Rep. Bill Keating(D-MA) introduced H.R. 22 the bipartisan Foreign Counterfeit Merchandise Prevention Act. The legislation allows Customs and Border Protection (CBP) to exchange important identifying information with intellectual property rights holders in order to identify and catch counterfeit merchandise before it enters the U.S. market.

More @ “POE AND LOFGREN INTRODUCE BILL TO ENFORCE IP RIGHTS AND PROTECT AMERICAN INGENUITY“.

Text of legislation @ GPO

Advertisements

3 thoughts on “POE AND LOFGREN INTRODUCE BILL TO ENFORCE IP RIGHTS AND PROTECT AMERICAN INGENUITY

  1. Henry, This legislation, while seeming to be a step in the right direction, will be burdensome with respect to supply chain delays and workload for inspectors. If the end user is going to be impacted in terms of lead-time, won’t this not only stop some counterfeiting, but also delay authentic merchandise…especially where the authorities elect to send actual samples to the IP owners for authentication? I see the logic behind this, but what is your take on the anticipated efficiency impact without hiring more inspectors. The port of Rotterdam has 10 million containers passing through every year. This is an enormous undertaking unless certain containers are pre identified as suspect counterfeit shipments. How do you see this being even close to a comprehensive solution or even worth the effort and time involved? If the delay during verification becomes an issue, why not use that delay for mass authentication via DNA technologies like Applied DNA Sciences. Both authentication methodologies require a sample and Applied DNA could become a single, central clearing house for all of its customers using their services. Put the authentication labs at the ports of entry to reduce turn-around time, instead of sending samples to OEMs/IP owners all over the world. Just a thought.

    • One specific issue this will address is what the Semiconductor Industries Assocation (SIA) refers to as “the redaction issue”. The thought is that CBP should be allowed to seek information from IP rights holders to help determine whether or not items being imported are authentic. More on this here … http://wp.me/p263iE-8b

  2. Owen Peters says:

    The entire “redaction issue”, as addressed by Brian Toohey of the SIA in his remarks before the House Committee on Homeland Security Subcommittee on Oversight, Investigations and Management on July 7, 2011, seems an insane interpretation of law by the CBP and Treasury to begin with. It appears that they were dotting the “I’s” and crossing the “T’s” of a misspelled word. As Mr. Toohey stated “It is truly difficult to understand why CBP believes disclosing information to semiconductor manufacturers is unlawful when ICE, DOD, DOJ, NCIS, and even the FBI – the agency tasked with enforcing the Trade Secrets Act – do not, and in fact routinely disclose such information to semiconductor manufacturers.” Be that as it may, I doubt the new Bill will have much effect on anti-counterfeiting, and look forward to a more proactive approach such as the DNA marking Douglas has suggested.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: