U.S. Customs and Border Protection would gain expanded authority to share information with the owners of intellectual property — things like trademarks and patents — when agents suspect imported goods are counterfeit or pirated. Currently, CBP can share images of suspicious merchandise and its packaging; this bill adds packing materials, containers, and nonpublic data obtained from online marketplaces, freight forwarders, and express shipping operators to what can be shared. CBP would also be required to notify rights holders any time it passes along that nonpublic marketplace data, and a broader circle of parties with a stake in the merchandise — beyond just the rights holder — could receive relevant information. The changes aim to give businesses tools to identify and act against counterfeit imports earlier in the supply chain.
Congressional Summary
This bill expands the authority of U.S. Customs and Border Protection (CBP) to provide information to certain persons (e.g., trademark or copyright owners) regarding suspected violations of intellectual property rights in trade. Under current law, if CBP suspects that merchandise is being imported in violation of certain trademark and copyright laws, it may request assistance from specified persons when determining whether the merchandise is imported in violation of these laws. To permit the party to conduct examination and testing, CBP must provide them with specified information that appears on the merchandise and its packaging and labels. This bill (1) expands the definition of person to allow CBP to request assistance from any other appropriate party with an interest in the imported merchandise, and (2) expands the scope of information that CBP is authorized to share with others to include information on and images of packing materials and containers.The bill allows CBP to request this assistance if it has a reasonable suspicion (currently, suspects) that the merchandise being imported is in violation of certain trademark and copyright laws.Additionally, CBP may provide a person with nonpublic information about the imported merchandise that was generated by an online marketplace or similar market platform, express consignment operator, freight forwarder, or any other entity that plays a role in the sale, importation, or facilitation of the merchandise into the United States and has been provided to, shared with, or obtained by CBP. CBP must provide the person with notification of the transmitted information.
Legislative Subjects
Details
- Congress
- 119th
- Chamber
- House
- Status
- summarized
- Action
- Reported to House
- Action Date
- 2025-12-30
- Date Added
- 2026-04-24
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