From AAIA Capital Report
WASHINGTON, D.C. — The Senate Judiciary Committee last week approved the Stop Counterfeiting in Manufactured Goods Act (S. 1699) last week. The bill would require the seizure and destruction of counterfeit labels, as well as the equipment used to make and package counterfeit goods. AAIA supported the measure.
S. 1699 is identical to H.R. 32, legislation that was introduced in by Rep. Joseph Knollenberg, R-MI, and passed by the House in May. Like that measure, S. 1699 would expand the criminal sanctions to cover not just the sale of counterfeit goods themselves, but the “labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto.”
Under the companion House and Senate bills, courts would have the authority to order the seizure, forfeiture and destruction of the counterfeiting labels, as well as the equipment used for making them. Judges would also be directed to order the divestiture of proceeds from such counterfeit labels. A convicted counterfeiter could be ordered to pay restitution to the lawful owner of the counterfeited mark.
S. 1699 has extensive bipartisan backing and co-sponsors include Senators Lamar Alexander, R-TN.; Evan Bayh, D-IN; Sam Brownback, R-KS; Tom Coburn, R-OK; John Cornyn, R-TX; Dick Durbin, D-IL; Mike DeWine, R-OH; Russ Feingold, D-WI; Dianne Feinstein, D-CA; Orrin Hatch, R-UT; Jon Kyl, R-AZ; Carl Levin, D-MI; Jack Reed, D-RI; Debbie Stabenow, D-MI; and George Voinovich, R-OH. Passage of the measure by the full Senate is expected shortly.