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United States · Law · S

S. 1136 (104th)

Anticounterfeiting Consumer Protection Act of 1996

enactedUnited States· United States Congress· EN

Introduced

9 August 1995

Last action

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Status

Became Public Law No: 104-153.

Sponsors

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Subjects

Discovery layer

Source updated

10 August 2026

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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. 4) Extends existing prohibitions and penalties to trafficking in counterfeit labels affixed or designed to be affixed to copies of a computer program or computer program documentation or packaging. (Sec. 5) Requires the Attorney General to include in a report to the Congress, on a district by district basis, certain statistical information relating to criminal counterfeiting actions involving trafficking in counterfeit labels, criminal copyright infringement, and trafficking in goods or services bearing counterfeit marks. (Sec. 6) Directs 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 (currently, by a U.S. marshal or other law enforcement officer). (Sec. 7) Authorizes the plaintiff to recover specified statutory damages as an alternative to actual damages in cases involving the use of counterfeit trademarks. (Sec. 8) Repeals a provision permitting the re-export of articles seized as violating copyright provisions. (Sec. 9) Amends the Tariff Act of 1930 to: (1) require that all counterfeit merchandise seized be destroyed unless the trademark owner consents to some other disposition and the merchandise is not a threat to health or safety; (2) set civil penalties for any person who is in any way involved in the importation of counterfeit merchandise for sale or public distribution; (3) extend existing manifest disclosure requirements to information found in aircraft manifests; and (4) direct the Secretary, in prescribing regulations governing the content of entry documentation, to require that such documentation contain information necessary to determine whether the imported merchandise bears an infringing trademark. (Sec. 13) Revises the definition of "contraband" to include: (1) a counterfeit label for a phonorecord, computer program or documentation, or packaging or copy of a motion picture or other audiovisual work; (2) a phonorecord or copy in violation of criminal copyright infringement provisions; or (3) any good bearing a counterfeit mark.

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Documents

16 official files

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