To expand the sharing of information with respect to suspected violations of intellectual property rights in trade.
Officially: “To expand the sharing of information with respect to suspected violations of intellectual property rights in trade.” Read the full text
What it does
Read it in plain language
1Sharing of information with respect to suspected violations of intellectual property rights
This section would amend section 628A of the Tariff Act of 1930 (19 U.S.C. 1628a), the law that lets U.S. Customs and Border Protection (CBP) share information about merchandise suspected of violating intellectual property rights. It would raise the standard that triggers this information sharing: instead of a customs officer merely suspecting a violation, the officer would need to have a reasonable suspicion of one. It would also expand what covered items include: wherever the law currently lets CBP share information about the merchandise's packaging, it would now also let CBP share information about packing materials and shipping containers, in every place that term appears in that paragraph. The section would add a new type of information CBP may share: nonpublic information about the merchandise, but only if that information was both generated by an online marketplace or similar market platform, an express consignment operator, a freight forwarder, or any other entity that plays a role in selling or importing the merchandise into the United States or in facilitating that sale or importation, and was also provided to, shared with, or obtained by CBP. Finally, the section would add a new category of party covered by this information sharing authority: any other party with an interest in the merchandise, if the Commissioner of CBP determines that including that party is appropriate.
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1. Sharing of information with respect to suspected violations of intellectual property rights Section 628A of the Tariff Act of 1930 ( 19 U.S.C. 1628a ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking suspects and inserting has a reasonable suspicion ; (B) in paragraph (1)— (i) by inserting , packing materials, shipping containers, after its packaging each place it appears; and (ii) by striking ; and and inserting a semicolon; (C) in paragraph (2), by striking the period and inserting ; and ; and (D) by adding at the end the following: (3) may provide to the person nonpublic information about the merchandise that was— (A) generated by an online marketplace or other similar market platform, an express consignment operator, a freight forwarder, or any other entity that plays a role in the sale or importation of merchandise into the United States or the facilitation of such sale or importation; and (B) provided to, shared with, or obtained by, U.S. Customs and Border Protection. ; and (2) in subsection (b)— (A) in paragraph (3), by striking ; and and inserting a semicolon; (B) in paragraph (4), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (5) any other party with an interest in the merchandise, as determined appropriate by the Commissioner. .
Where it is
In the House.