The Stop Counterfeiting in Manufactured Goods Act (H.R. 32) was signed by the President on March 16.

The White House Fact Sheet summarizes:

# Strengthens Our Laws Against Trading Counterfeit Labels And Packaging. While it was already illegal to manufacture, ship, or sell counterfeit products, this legislation closes a loophole allowing the shipment of falsified labels or packaging, which counterfeiters could then attach to fake products in order to cheat consumers by passing off poorly made items as brand-name goods. By closing the loophole, we will help keep honest Americans from losing business to scam artists - and protect consumers from being cheated out of their hard-earned dollars.

# Strengthens Penalties For Counterfeiters And Gives Prosecutors New Tools. This bill requires courts to order the destruction of all counterfeit products seized as part of a criminal investigation and requires convicted counterfeiters to turn over their profits and any equipment used in their operations. This bill requires those convicted of counterfeiting to reimburse the legitimate businesses they exploited.

The bill also it expands the protection given to recordings, videos, and software. The Thomas summary says that the law:

Amends the federal criminal code to modify the definition of "traffic" for purposes of the prohibition against trafficking in counterfeit goods or services to include the motive of commercial advantage or private financial gain in such activity. Applies such definition to related provisions pertaining to: (1) trafficking in sound recordings and music videos of live musical performances; (2) trafficking in counterfeit labels for phonorecords and computer programs; and (3) unauthorized fixation and trafficking in sound recordings and music videos.

posted by James DeLong @ 10:11 AM | Counterfeit

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