Anticounterfeiting Consumer Protection Act of 1996

Summary

Anticounterfeiting Consumer Protection Act of 1995 - Makes the following predicate offenses under the Racketeer Influenced and Corrupt Organizations Act: (1) trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging, and copies of motion pictures or other audiovisual works; (2) criminal copyright infringement; (3) trafficking in goods or services bearing counterfeit marks; and (4) interstate transportation of stolen property. (Sec. 3) Extends to computer programs and computer program documentation and packaging existing prohibitions and penalties applicable to trafficking in counterfeit labels affixed or designed to be affixed to phonorecords or copies of a motion picture or other audiovisual work. (Sec. 4) Requires the Attorney General to include in a report to the Congress, on a district by district basis, certain information on investigations, referred cases, and outcomes of prosecutions relating to criminal counterfeiting actions involving trafficking in counterfeit labels, criminal copyright infringement, and trafficking in goods or services bearing counterfeit marks. (Sec. 5) Amends the Lanham Act to: (1) authorize a court to order the seizure of an aircraft, vehicle, or vessel used in connection with a violation of such Act; (2) direct the court to order that service of a copy of an order with respect to the seizure of counterfeit goods be made by a Federal, State, or local law enforcement officer; (3) require that any merchandise bearing a counterfeit mark imported into the United States in violation of such Act be seized by the appropriate Federal official and, in the absence of the written consent of the trademark owner, forfeited; (4) set civil penalties for anyone who directs, assists, or is in any way concerned in the importation of merchandise for sale or public distribution that is seized; (5) permit the plaintiff, in a case involving the use of a counterfeit mark in connection with the sale, offering for sale, or distribution of goods or services, to recover, instead of actual damages and profits, an award of statutory damages, as specified; and (6) entitle the owner, registrant, or authorized user of a trademark registered under such Act, and any authorized agent or representative thereof, to obtain from the appropriate Federal officers in a timely manner specified information contained in a vessel or aircraft manifest; and (7) require that documentation relating to the entry into the United States of imported merchandise contain such information as necessary to determine whether the merchandise bears an infringing trademark. (Sec. 8) Repeals a provision allowing forfeited articles that are excluded from importation under Federal copyright law to be refunded to the country of export whenever it is shown that the importer had no reasonable grounds for believing that his or her acts constituted a violation of law.

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Documents

6 official files

• Passed House amended

  summary · EN · 4 June 1996

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• Reported in House (text)

  Reported in House · EN · 6 May 1996

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• Reported in House (PDF)

  Reported in House · EN · 6 May 1996

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• Introduced in House (text)

  Introduced in House · EN · 19 October 1995

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• Introduced in House (PDF)

  Introduced in House · EN · 19 October 1995

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• Introduced in House

  summary · EN · 19 October 1995

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