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S 1136 - 104

Anticounterfeiting Consumer Protection Act of 1996

Became Public Law No: 104-153.

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Summary

36 Passed House amended May 7, 2001

Anticounterfeiting Consumer Protection Act of 1996 - Makes the following (counterfeiting offenses) predicate offenses under the Racketeer Influenced and Corrupt Organizations Act: (1) trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging and copies of motion pictures or other audiovisual works; (2) criminal copyright infringement; (3) unauthorized fixation of and trafficking in sound recordings and music videos of live music performances; (4) trafficking in goods or services bearing counterfeit marks; and (5) interstate transportation of stolen property. (Sec. 4) Amends the Federal criminal code to extend to computer programs and computer program documentation and packaging existing prohibitions and penalties applicable to trafficking in counterfeit labels affixed or designed to be affixed to phonorecords or copies of a motion picture or other audiovisual work. (Sec. 5) Requires the Attorney General to include in a report to the Congress, on a district by district basis, an accounting of all actions taken by the Department of Justice that involve counterfeiting offenses. (Sec. 6) Amends the Lanham Act to: (1) require the court to order the seizure of an aircraft, vehicle, or vessel used in connection with a violation of such Act; and (2) permit the plaintiff, in a case involving the use of a counterfeit mark in connection with the sale, offering for sale, or distribution of goods or services, to recover, instead of actual damages and profits, an award of statutory damages, as specified. (Sec. 8) Repeals a provision allowing forfeited articles that are excluded from importation under Federal copyright law to be refunded to the country of export whenever it is shown that the importer had no reasonable grounds for believing that his or her acts constituted a violation of law. (Sec. 9) Amends the Tariff Act of 1930 to: (1) direct the Secretary of the Treasury, after forfeiture of merchandise bearing a counterfeit American trademark, to destroy the merchandise; or (2) alternatively, authorize the Secretary to obliterate the trademark where feasible and dispose of the goods seized as specified if the merchandise is not unsafe or a hazard to health and the Secretary has the consent of the trademark owner. (Sec. 10) Establishes civil penalties for aiding and abetting the importation for sale or public distribution of merchandise that is seized for bearing a counterfeit American trademark. Sets limits on fines for first and subsequent seizures, based on the value that the merchandise would have had if it were genuine. Specifies that the imposition of such fine shall be within the discretion of the Customs Service and in addition to any other civil or criminal penalty or other remedy authorized by law. (Sec. 11) Provides for the public disclosure of aircraft manifests. (Sec. 12) Directs the Secretary to require that entry documentation contain information necessary to determine whether the imported merchandise bears an infringing trademark. (Sec. 13) Includes within the definition of "contraband": (1) a counterfeit label for a phonorecord, computer program or its documentation or packaging, or motion picture or other audiovisual work; (2) a phonorecord or copy that criminally infringes a copyright; (3) a prohibited unauthorized fixation of a sound recording or music video of a live musical performance; or (4) any good bearing a counterfeit mark.

35 Passed Senate amended May 7, 2001

Anticounterfeiting Consumer Protection Act of 1995 - Makes the following predicate offenses under the Racketeer Influenced and Corrupt Organizations Act: (1) trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging, and copies of motion pictures or other audiovisual works; (2) criminal copyright infringement; (3) trafficking in goods or services bearing counterfeit marks; and (4) interstate transportation of stolen property. (Sec. 4) Extends existing criminal prohibitions and penalties to trafficking in counterfeit labels affixed or designed to be affixed to copies of a computer program or computer program documentation or packaging. (Sec. 5) Requires the Attorney General to include in a report to the Congress, on a district by district basis, certain statistical information relating to criminal counterfeiting actions involving trafficking in counterfeit labels, criminal copyright infringement, and trafficking in goods or services bearing counterfeit marks. (Sec. 6) Amends the Lanham Act to provide for the court to order service of a copy of an order with respect to the seizure of counterfeit goods by a Federal, State, or local law enforcement officer. (Sec. 7) Authorizes the plaintiff to recover specified statutory damages as an alternative to actual damages in cases involving the use of counterfeit trademarks. (Sec. 8) Repeals a provision permitting articles seized for violating copyright provisions to be returned to the country of export if the Secretary of the Treasury finds that the importer had no reasonable grounds for believing that his or her acts violated the law. (Sec. 9) Amends the Tariff Act of 1930 to: (1) require that all counterfeit merchandise seized be destroyed unless the trademark owner consents to some other disposition and the merchandise is not a threat to health or safety; (2) impose civil penalties upon any person who directs or aids and abets the importation of counterfeit merchandise for sale or public distribution; (3) set the fine for the first seizure at not more than the value that the merchandise would have had if it were genuine, according to the manufacturer's suggested retail price, and for the second and subsequent seizures at not more than twice such value; (4) extend existing manifest disclosure requirements to information found in aircraft manifests; and (5) direct the Secretary, in prescribing regulations governing the content of entry documentation, to require that such documentation contain information necessary to determine whether the imported merchandise bears an infringing trademark. (Sec. 13) Revises the definition of "contraband" to include: (1) a counterfeit label for a phonorecord, computer program or documentation, or packaging or copy of a motion picture or other audiovisual work; (2) a phonorecord or copy in violation of criminal copyright infringement provisions; or (3) any good bearing a counterfeit mark.

01 Reported to Senate with amendment(s) May 7, 2001

Anticounterfeiting Consumer Protection Act of 1995 - Makes the following predicate offenses under the Racketeer Influenced and Corrupt Organizations Act: (1) trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging, and copies of motion pictures or other audiovisual works; (2) criminal copyright infringement; (3) trafficking in goods or services bearing counterfeit marks; and (4) interstate transportation of stolen property. (Sec. 4) Extends existing criminal prohibitions and penalties to trafficking in counterfeit labels affixed or designed to be affixed to copies of a computer program or computer program documentation or packaging. (Sec. 5) Requires the Attorney General to include in a report to the Congress, on a district by district basis, certain statistical information relating to criminal counterfeiting actions involving trafficking in counterfeit labels, criminal copyright infringement, and trafficking in goods or services bearing counterfeit marks. (Sec. 6) Amends the Lanham Act to provide for the court to order service of a copy of an order with respect to the seizure of counterfeit goods by a Federal, State, or local law enforcement officer. (Sec. 7) Authorizes the plaintiff to recover specified statutory damages as an alternative to actual damages in cases involving the use of counterfeit trademarks. (Sec. 8) Repeals a provision permitting articles seized for violating copyright provisions to be returned to the country of export if the Secretary of the Treasury finds that the importer had no reasonable grounds for believing that his or her acts violated the law. (Sec. 9) Amends the Tariff Act of 1930 to: (1) require that all counterfeit merchandise seized be destroyed unless the trademark owner consents to some other disposition and the merchandise is not a threat to health or safety; (2) set civil penalties for any person who directs or aids and abets the importation of counterfeit merchandise for sale or public distribution; (3) set the fine for the first seizure at not more than the value that the merchandise would have had if it were genuine, according to the manufacturer's suggested retail price, and for the second and subsequent seizures at not more than twice such value; (4) extend existing manifest disclosure requirements to information found in aircraft manifests; and (5) direct the Secretary, in prescribing regulations governing the content of entry documentation, to require that such documentation contain information necessary to determine whether the imported merchandise bears an infringing trademark. (Sec. 13) Revises the definition of "contraband" to include: (1) a counterfeit label for a phonorecord, computer program or documentation, or packaging or copy of a motion picture or other audiovisual work; (2) a phonorecord or copy in violation of criminal copyright infringement provisions; or (3) any good bearing a counterfeit mark.

00 Introduced in Senate May 7, 2001

Anticounterfeiting Consumer Protection Act of 1995 - Makes the following predicate offenses under the Racketeer Influenced and Corrupt Organizations Act: (1) trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging, and copies of motion pictures or other audiovisual works; (2) criminal copyright infringement; (3) trafficking in goods or services bearing counterfeit marks; and (4) interstate transportation of stolen property. (Sec. 4) Extends existing prohibitions and penalties to trafficking in counterfeit labels affixed or designed to be affixed to copies of a computer program or computer program documentation or packaging. (Sec. 5) Requires the Attorney General to include in a report to the Congress, on a district by district basis, certain statistical information relating to criminal counterfeiting actions involving trafficking in counterfeit labels, criminal copyright infringement, and trafficking in goods or services bearing counterfeit marks. (Sec. 6) Directs the court to order that service of a copy of an order with respect to the seizure of counterfeit goods be made by a Federal, State, or local law enforcement officer (currently, by a U.S. marshal or other law enforcement officer). (Sec. 7) Authorizes the plaintiff to recover specified statutory damages as an alternative to actual damages in cases involving the use of counterfeit trademarks. (Sec. 8) Repeals a provision permitting the re-export of articles seized as violating copyright provisions. (Sec. 9) Amends the Tariff Act of 1930 to: (1) require that all counterfeit merchandise seized be destroyed unless the trademark owner consents to some other disposition and the merchandise is not a threat to health or safety; (2) set civil penalties for any person who is in any way involved in the importation of counterfeit merchandise for sale or public distribution; (3) extend existing manifest disclosure requirements to information found in aircraft manifests; and (4) direct the Secretary, in prescribing regulations governing the content of entry documentation, to require that such documentation contain information necessary to determine whether the imported merchandise bears an infringing trademark. (Sec. 13) Revises the definition of "contraband" to include: (1) a counterfeit label for a phonorecord, computer program or documentation, or packaging or copy of a motion picture or other audiovisual work; (2) a phonorecord or copy in violation of criminal copyright infringement provisions; or (3) any good bearing a counterfeit mark.

Sponsors

Timeline

Jul 2, 1996

Signed by President.

Jul 2, 1996

Signed by President.

Jul 2, 1996

Became Public Law No: 104-153.

Jul 2, 1996

Became Public Law No: 104-153.

Jun 24, 1996

Presented to President.

Jun 24, 1996

Presented to President.

Jun 18, 1996

Message on Senate action sent to the House.

Jun 14, 1996

Resolving differences -- Senate actions: Senate agreed to House amendment by Unanimous Consent.(consideration: CR S6302-6303)

Jun 14, 1996

Senate agreed to House amendment by Unanimous Consent. (consideration: CR S6302-6303)

Jun 5, 1996

Message on House action received in Senate and at desk: House amendment to Senate bill and House requests a conference.

Jun 4, 1996

Mr. Moorhead asked unanimous consent to take from the Speaker's table and consider.

Jun 4, 1996

Considered by unanimous consent. (consideration: CR H5780-5781)

Jun 4, 1996

The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 2511. Agreed to without objection.

Jun 4, 1996

Passed/agreed to in House: On passage Passed without objection.

Jun 4, 1996

On passage Passed without objection.

Jun 4, 1996

Motion to reconsider laid on the table Agreed to without objection.

Jun 4, 1996

Mr. Moorhead asked unanimous consent that the House insist upon its amendment, and request a conference.

Jun 4, 1996

On motion that the House insist upon its amendment, and request a conference Agreed to without objection. (consideration: CR H5781)

Jun 4, 1996

The Speaker appointed conferees: Hyde, Moorhead, Goodlatte, Conyers, and Schroeder.

Jun 4, 1996

Motion to reconsider laid on the table Agreed to without objection.

Jun 4, 1996

A similar measure H.R. 2511 was laid on the table without objection.

Dec 14, 1995

Received in the House.

Dec 14, 1995

Message on Senate action sent to the House.

Dec 14, 1995

Held at the desk.

Dec 13, 1995

Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.(consideration: CR S18580-18582)

Dec 13, 1995

Passed Senate with amendments by Voice Vote. (consideration: CR S18580-18582)

Nov 28, 1995

Committee on Judiciary. Reported to Senate by Senator Hatch with amendments. With written report No. 104-177.

Nov 28, 1995

Committee on Judiciary. Reported to Senate by Senator Hatch with amendments. With written report No. 104-177.

Nov 28, 1995

Placed on Senate Legislative Calendar under General Orders. Calendar No. 250.

Oct 26, 1995

Committee on Judiciary. Ordered to be reported with amendments favorably.

Oct 10, 1995

Committee on Judiciary. Hearings held. Hearings printed: S.Hrg. 104-830.

Aug 9, 1995

Introduced in Senate

Aug 9, 1995

Sponsor introductory remarks on measure. (CR S12083)

Aug 9, 1995

Read twice and referred to the Committee on Judiciary.

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Amendments

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