Shippers applaud Senate’s passage of anti-counterfeit bill
U.S. shippers applauded the Senate’s passage this week of legislation that further cracks down on trafficking in counterfeit goods.
The “Stop Counterfeiting in Manufactured Goods Act” (H.R. 32) strengthens anti-counterfeiting laws by prohibiting the trafficking in counterfeit labels, patches, stickers, hangtags, or medallions that are unattached to goods.
The legislation also makes mandatory the forfeiture and destruction of counterfeit goods, as well as the assets used to produce, package, and distribute them. In addition, it would require the forfeiture of property and assets derived from counterfeiting.
“This legislation would strengthen our domestic trademark law and criminal statute against trafficking in counterfeited goods by closing existing loopholes that allow counterfeiters to avoid prosecution, maintain control of assets for criminal enterprises, and unjustly profit from their illegal activities,” said Bruce Josten, executive vice president for government affairs at the U.S. Chamber of Commerce, in a statement.
Chamber officials especially noted the Senate’s change to the bill’s definition of “traffic” to ensure that all transfers of counterfeit goods are penalized, even if the transfer occurs without the exchange of value.
“This modification would eliminate ambiguity in the current statute that allows counterfeiters to avoid punishment when they transfer counterfeit goods in exchange for some future benefit,” said Mike Zaneis, the chamber’s director for congressional and public affairs.
The FBI estimates that U.S. companies lose about $250 billion a year to counterfeiters. The World Customs Organization and Interpol raise that figure to $600 billion for global traders.