Sec. 3. Prevention of importation of manufactured goods bearing infringing marks
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/bill/113/hr/22/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 42 of the Lanham Act ( 15 U.S.C. 1124 ), is amended— in the first sentence, by striking Except as and inserting
(a); In general.— Except as by striking of the Treasury each place it appears and inserting of Homeland Security ; and by adding at the end the following: With respect to critical merchandise that bears a registered trademark recorded under subsection (a), if U.S. Customs and Border Protection detains the merchandise because the merchandise is suspected of bearing a counterfeit mark, then, upon such detention, the Secretary— shall provide to the owner of the registered trademark any information on the critical merchandise and its packaging and labels, including, without redaction, photographs or digital images of the critical merchandise, packaging, and labels; and may, at any time, subject to any applicable bonding and return requirements, provide to the owner of the registered trademark samples of the critical merchandise, without redaction. In this section: The term critical merchandise includes— aircraft engines, appliances, propellers, and spare parts; motor vehicle equipment; semiconductors; and any other article of manufacture that the Secretary determines could, if permitted entry into the United States in violation of the laws of the United States pose a danger to the health, safety, or welfare of consumers, or to the national security of the United States. For purposes of subparagraph (A)— the terms aircraft engine , appliance , propeller , and spare part have the meanings given those terms in section 40102(a) of title 49, United States Code; the term motor vehicle equipment has the meaning given that term in section 30102(a) of title 49, United States Code; and the term semiconductor means semiconductor chip product as defined in section 901 of title 17, United States Code. The term Secretary means the Secretary of Homeland Security. The term without redaction means, with respect to merchandise, without removing, revising, or otherwise obscuring any information, codes, marks, numbers, or any other markings that appear on the merchandise or its retail packaging. This section applies only with respect to tangible goods presented to U.S. Customs and Border Protection for importation into the United States. . In this section, the term Lanham Act means the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (15 U.S.C. 1051 et seq.). The amendments made by this section shall take effect upon the expiration of the 60-day period beginning on the date of the enactment of this Act.
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Sec. 3
Prevention of importation of manufactured goods bearing infringing marks
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