To expand the sharing of information with respect to suspected violations of intellectual property rights in trade.
Summary
S. 2677 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 by U.S. Customs and Border Protection (CBP). It allows CBP to share nonpublic information with parties involved in the sale or importation of merchandise, including online marketplaces and freight forwarders.
Expected Effects
The bill is likely to increase the efficiency of CBP in identifying and preventing the import of counterfeit goods. This could lead to a reduction in the availability of such goods in the U.S. market. It may also impact businesses involved in international trade by increasing scrutiny of their shipments.
Potential Benefits
- Enhanced protection of intellectual property rights for businesses.
- Reduced availability of counterfeit goods for consumers.
- Increased efficiency in customs enforcement.
- Improved information sharing between CBP and private sector entities.
- Potential for increased revenue from duties and taxes due to reduced illegal trade.
Potential Disadvantages
- Potential for increased scrutiny and delays for legitimate businesses involved in international trade.
- Risk of misuse or unauthorized disclosure of nonpublic information.
- Possible chilling effect on innovation if businesses fear increased monitoring.
- Increased administrative burden on CBP and related agencies.
- Potential for disputes over what constitutes a 'reasonable suspicion' of intellectual property rights violations.
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 enhancing the enforcement of intellectual property rights in trade, the bill aims to protect U.S. businesses and consumers from unfair competition and potentially harmful counterfeit goods. The bill does not appear to infringe on any specific individual liberties or rights protected by the Constitution.
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).