Summary
Allows U.S. Customs to share more details with companies about suspected fake products to help stop counterfeit goods from entering the country.
What problem does this solve?
Companies whose products are illegally copied often lack enough information from customs to help stop fake goods from being imported. This bill lets U.S. Customs share more specific details from online marketplaces and shippers with the product owners to better protect their property.
What does this bill do?
Allows sharing of nonpublic information
Permits U.S. Customs and Border Protection to provide rights holders with nonpublic information about merchandise that came from online marketplaces, shippers, or freight forwarders.
Expands shareable information about goods
Allows customs to share images of not just the merchandise and its packaging, but also its packing materials and containers.
Broadens who can receive information
Allows information to be shared with not just the rights holder, but also 'any other party with an interest in the merchandise' as determined by the Commissioner.
Changes legal standard for suspicion
Changes the requirement for U.S. Customs and Border Protection from merely 'suspecting' a violation to having a 'reasonable suspicion' before sharing information.
Requires notification of shared information
Requires that the person whose nonpublic information is being shared must be notified about what information was transmitted.
Who does this affect?
- Intellectual property rights holders
- Importers and online sellers
- U.S. Customs and Border Protection
What is the real world impact?
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Strengthens protection for businesses
Helps companies that own trademarks and patents by giving them more information from customs to identify and stop fake versions of their products from entering the U.S.
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Raises potential privacy concerns
Allows sharing nonpublic information from online sellers and shippers with rights holders, which could lead to privacy issues if the suspicion of a violation is incorrect.
When does this start?
The changes would take effect as soon as the bill is signed into law.