To expand the sharing of information with respect to suspected violations of intellectual property rights in trade.
Summary
H.R. 4930 aims to enhance the sharing of information regarding suspected intellectual property rights violations in trade. The bill amends Section 628A of the Tariff Act of 1930 to broaden the scope of information sharing. It allows U.S. Customs and Border Protection (CBP) to share nonpublic information with rights holders and other parties involved in the sale or importation of merchandise.
Expected Effects
The bill will likely lead to more effective enforcement of intellectual property rights at the border. This could reduce the flow of counterfeit goods into the United States. It may also streamline the process for rights holders to identify and address potential violations.
Potential Benefits
- Enhanced protection of intellectual property rights.
- Reduced availability of counterfeit goods for consumers.
- Increased transparency and information sharing between CBP and rights holders.
- Potential for increased revenue for businesses due to decreased counterfeiting.
- Improved ability for CBP to target and interdict illicit shipments.
Potential Disadvantages
- Potential for increased scrutiny and delays for legitimate shipments.
- Risk of misuse of shared information by rights holders.
- Possible privacy concerns related to the sharing of nonpublic information.
- Increased administrative burden for CBP.
- Potential for disputes over the definition of "reasonable suspicion".
Constitutional Alignment
The bill appears to align with the Commerce Clause (Article I, Section 8, Clause 3) of the U.S. Constitution, which grants Congress the power to regulate commerce with foreign nations. By strengthening intellectual property rights enforcement in trade, the bill supports fair trade practices. It also aligns with the government's responsibility to protect property rights, although the specific limitations on information sharing would need to be carefully considered to ensure compliance with the Fourth Amendment regarding unreasonable searches and seizures.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).