US Codex
Bill
Notes

Counterfeit Goods Seizure Act of 2019

S. 2987 · 116th Congress · Dec 5, 2019 · Lineage

A BILL

To authorize U.S. Customs and Border Protection to seize imported merchandise that infringes a design patent, and for other purposes.

1. Short title

This Act may be cited as the “Counterfeit Goods Seizure Act of 2019”.

2. Seizure of imported merchandise that infringes a design patent

Section 596(c)(2)(C) of the Tariff Act of 1930 (19 U.S.C. 1595a(c)(2)(C)) is amended—
(1)
by inserting “design patent,” after “copyright,”; and
(2)
by inserting “section 271 or 289 of title 35, United States Code,” after “title 17, United States Code,”.

3. Authority to charge a fee for administrative costs relating to recordation of design patents

(a)
In general— The Commissioner of U.S. Customs and Border Protection may prescribe regulations, pursuant to section 9701 of title 31, United States Code, providing for the imposition of a fee to cover the administrative costs to U.S. Customs and Border Protection of recordation of design patents.
(b)
Receipts credited as offsetting collections— Notwithstanding section 3302 of title 31, United States Code, fees collected under subsection (a) shall—
(1)
be credited as offsetting collections to the appropriations account that finances the activities and services for which the fee is imposed;
(2)
be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and
(3)
remain available until expended.