Page:United States Statutes at Large Volume 120.djvu/316

 PUBLIC LAW 109–181—MAR. 16, 2006

120 STAT. 285

Public Law 109–181 109th Congress An Act To amend title 18, United States Code, to provide criminal penalties for trafficking in counterfeit marks.

Mar. 16, 2006 [H.R. 32]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TRAFFICKING IN COUNTERFEIT MARKS.

(a) SHORT TITLE; FINDINGS.— (1) SHORT TITLE.—This section may be cited as the ‘‘Stop Counterfeiting in Manufactured Goods Act’’. (2) FINDINGS.—The Congress finds that— (A) the United States economy is losing millions of dollars in tax revenue and tens of thousands of jobs because of the manufacture, distribution, and sale of counterfeit goods; (B) the Bureau of Customs and Border Protection estimates that counterfeiting costs the United States $200 billion annually; (C) counterfeit automobile parts, including brake pads, cost the auto industry alone billions of dollars in lost sales each year; (D) counterfeit products have invaded numerous industries, including those producing auto parts, electrical appliances, medicines, tools, toys, office equipment, clothing, and many other products; (E) ties have been established between counterfeiting and terrorist organizations that use the sale of counterfeit goods to raise and launder money; (F) ongoing counterfeiting of manufactured goods poses a widespread threat to public health and safety; and (G) strong domestic criminal remedies against counterfeiting will permit the United States to seek stronger anticounterfeiting provisions in bilateral and international agreements with trading partners. (b) TRAFFICKING IN COUNTERFEIT MARKS.—Section 2320 of title 18, United States Code, is amended as follows: (1) Subsection (a) is amended by inserting after ‘‘such goods or services’’ the following: ‘‘, or intentionally traffics or attempts to traffic in 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, the use of which is likely to cause confusion, to cause mistake, or to deceive,’’. (2) Subsection (b) is amended to read as follows:

VerDate 14-DEC-2004

10:20 Jul 12, 2007

Jkt 059194

PO 00001

Frm 00283

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL001.109

Stop Counterfeiting in Manufactured Goods Act. 18 USC 1 note. 18 USC 2320 note.

APPS06

PsN: PUBL001

�