HR 32 · 109th Congress 2005–2007, ended

Stop Counterfeiting in Manufactured Goods Act

Fact sheet

Latest action · Mar 16, 2006 Became Public Law No: 109-181.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJan 4, 2005
  2. Passed HouseMay 23, 2005
  3. Passed SenateFeb 15, 2006
  4. To the PresidentMar 10, 2006
  5. Became lawMar 16, 2006

Summary

This measure has not been amended since it was passed by the Senate on February 15, 2006. The summary of that version is repeated here.

Stop Counterfeiting in Manufactured Goods Act - Amends the federal criminal code to revise provisions prohibiting the trafficking in counterfeit goods and services to include trafficking in labels or similar packaging of any type or nature, with knowledge that a counterfeit mark has been applied to such labels or packaging, the use of which is likely to cause confusion, to cause mistake, or to deceive.

Subjects to forfeiture any article that bears or consists of a counterfeit mark and any property used to violate the prohibition against counterfeit marks. Directs a court: (1) at the conclusion of forfeiture proceedings, to order the destruction of any article that bears or consists of a counterfeit mark; and (2) to order any person convicted of using a counterfeit mark to forfeit to the United States property used in commission of the crime and to pay restitution to the owner of the mark and any other affected victim.

Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to or consists of a label or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods and services for which the mark is registered in the U.S. Patent and Trademark Office, that is substantially indistinguishable from such registered mark, and that is likely to cause confusion, to cause mistake, or to deceive.

Provides that nothing in this Act shall entitle the United States to bring a criminal prosecution for the repackaging of genuine goods or services not intended to deceive or confuse.

Directs the U.S. Sentencing Commission to: (1) review and amend federal sentencing guidelines and policy statements applicable to persons convicted of trafficking in counterfeit labels or goods and services; and (2) make findings with respect to the definition of "infringement amount."

Protecting American Goods and Services Act of 2005 (sic) - Amends the federal criminal code to modify the definition of "traffic" for purposes of the prohibition against trafficking in counterfeit goods or services to include the motive of commercial advantage or private financial gain in such activity. Applies such definition to related provisions pertaining to: (1) trafficking in sound recordings and music videos of live musical performances; (2) trafficking in counterfeit labels for phonorecords and computer programs; and (3) unauthorized fixation and trafficking in sound recordings and music videos.

Cosponsors 59

Members who signed on, in the order they did. Signatures ran from Jan 4, 2005 to Apr 12, 2005, with 21 there on the day it was introduced.

SeatCosponsorSigned on
R-VABob GoodlatteOriginalJan 4, 2005
R-MICandice S. MillerOriginalJan 4, 2005
R-PACurt WeldonOriginalJan 4, 2005
R-CADana RohrabacherOriginalJan 4, 2005
R-MIDave CampOriginalJan 4, 2005
R-MIFred UptonOriginalJan 4, 2005
R-NCHoward CobleOriginalJan 4, 2005
D-MAJames P. McGovernOriginalJan 4, 2005
R-TXLamar SmithOriginalJan 4, 2005
R-NELee TerryOriginalJan 4, 2005
D-OHMarcy KapturOriginalJan 4, 2005
R-WIMark GreenOriginalJan 4, 2005
R-MIMike RogersOriginalJan 4, 2005
R-OHPaul E. GillmorOriginalJan 4, 2005
R-MIPeter HoekstraOriginalJan 4, 2005

Actions 31

Everything that happened, newest first.

  1. Mar 16, 2006Became Public Law No: 109-181.
  2. Mar 16, 2006Signed by President.
  3. Mar 10, 2006Presented to President.
  4. Mar 7, 2006Cleared for White House.
  5. Mar 7, 2006DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 32.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 1699Stop Counterfeiting in Manufactured Goods ActRelated billNov 14, 2005

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 2

Each version as it was printed, newest first.

  1. May 3, 2005Reported in House
  2. Jan 4, 2005Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.