To expand the sharing of information with respect to suspected violations of intellectual property rights in trade.
Description
This bill would expand the information and images U.S. Customs and Border Protection may share to identify intellectual property violations.
Summary
What it does
This bill would expand the authority of U.S. Customs and Border Protection (CBP) to share information with trademark owners and other interested parties when there is a reasonable suspicion of intellectual property rights violations. It proposes to allow CBP to share images and data regarding packing materials, containers, and nonpublic information generated by online marketplaces or shipping entities to help determine if merchandise is counterfeit or infringing. Additionally, the bill would broaden the types of individuals and organizations CBP can contact for assistance in identifying these trade violations.
Who is affected
This bill affects U.S. Customs and Border Protection (CBP) by expanding its authority to share information and request assistance regarding suspected intellectual property violations. It also impacts trademark and copyright owners, as well as other parties with an interest in imported merchandise, who may receive nonpublic information and images of packing materials to help identify violations. Additionally, the bill involves entities that facilitate trade, such as online marketplaces, express consignment operators, and freight forwarders, whose data may be shared with rights holders by CBP.
Key provisions
- Expansion of parties eligible to assist in IP enforcement. The bill broadens the definition of a 'person' from whom U.S. Customs and Border Protection (CBP) may request assistance to include any appropriate party with an interest in the imported merchandise.
- Broadened scope of shared information and images. CBP is authorized to share information and images of packing materials and containers with relevant parties to help determine if intellectual property rights have been violated.
- Standard for requesting assistance. The bill establishes a 'reasonable suspicion' standard for CBP to request assistance from outside parties regarding potential trademark and copyright violations.
- Sharing of nonpublic supply chain and marketplace data. CBP may provide nonpublic information about imported merchandise generated by online marketplaces, freight forwarders, express consignment operators, or other entities involved in the sale or importation process.
- Notification requirements for transmitted information. The bill requires CBP to notify the relevant person or entity when information regarding suspected violations has been transmitted.
Fiscal impact
Not applicable: No CBO cost estimate available
Effective dates
Not applicable: Official Summary does not address effective dates
Relationship to existing law
This bill expands existing legal authorities that allow U.S. Customs and Border Protection (CBP) to share information with trademark and copyright owners when investigating suspected intellectual property violations. It modifies current law by lowering the evidentiary threshold for sharing information to "reasonable suspicion" and broadening the types of data and third-party entities involved in the information-sharing process.
Stated purpose
The bill aims to enhance the enforcement of intellectual property laws by expanding the authority of U.S. Customs and Border Protection to share information and images regarding suspected counterfeit or infringing merchandise with a broader range of interested parties. It seeks to facilitate the identification of trade violations by allowing the disclosure of nonpublic data from online marketplaces and shipping entities to assist in the examination and testing of imported goods.