Public Law 118 – 137 – No Stolen Trademarks Honored in America Act of 2023
Date Enacted: December 16, 2024
Purpose: To combat the trafficking of counterfeit goods and protect American intellectual property rights.
Key Provisions:
- Prohibition on Importation and Sale of Counterfeit Goods: The law prohibits the importation, distribution, or sale of counterfeit goods that bear a registered trademark or service mark without the authorization of the mark’s owner.
- Expanded Enforcement Authority for Customs and Border Protection (CBP): CBP is given additional authority to seize and detain counterfeit goods at ports of entry.
- Civil and Criminal Penalties: Violators of the law face civil fines of up to $250,000 per infringing item and criminal penalties of up to 10 years imprisonment.
- Intellectual Property Rights Coordination Center (IPRCCC): The law establishes an IPRCCC to coordinate efforts to combat counterfeit goods trafficking. The center will include representatives from CBP, the Federal Bureau of Investigation (FBI), the Department of Justice (DOJ), and other relevant agencies.
- Public Awareness Campaign: The government is required to launch a public awareness campaign to educate consumers about the dangers of purchasing counterfeit goods.
Background:
Counterfeit goods are a significant problem in the United States, with an estimated $461 billion in lost revenue each year. These products often infringe on intellectual property rights, damage the reputation of legitimate brands, and pose safety and health risks to consumers.
Impact:
The No Stolen Trademarks Honored in America Act of 2023 is expected to have a significant impact on the fight against counterfeit goods. By strengthening enforcement efforts and increasing penalties for violators, the law aims to deter counterfeiters and protect American businesses and consumers.
Enforcement:
CBP is the primary agency responsible for enforcing the law. The agency has a variety of tools at its disposal to combat counterfeit goods trafficking, including:
- Inspection of cargo at ports of entry
- Examination of parcels and mail
- Investigations of suspected counterfeit goods operations
If CBP determines that goods are counterfeit, the agency has the authority to seize the goods and detain them until the issue is resolved.
Penalties:
Violators of the law face both civil and criminal penalties. Civil penalties can range from $100,000 to $250,000 per infringing item. Criminal penalties can include fines of up to $2 million and imprisonment for up to 10 years.
Conclusion:
The No Stolen Trademarks Honored in America Act of 2023 is a landmark piece of legislation that is designed to combat the trafficking of counterfeit goods and protect American intellectual property rights. The law is expected to have a significant impact on the fight against counterfeit goods, by strengthening enforcement efforts and increasing penalties for violators.
Public Law 118 – 137 – No Stolen Trademarks Honored in America Act of 2023
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