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Policy and Advocacy
Board Resolutions
Model State Anticounterfeiting Bill





September 18, 2006

Sponsoring Committee: Anticounterfeiting & Enforcement Committee (ACEC)


Resolution

WHEREAS, the International Trademark Association from time to time needs to analyze and comment on state level anticounterfeiting laws or regulations in the United States of America; and

WHEREAS, the ACEC has recommended a Model State Anticounterfeiting Bill to serve as a baseline standard by which INTA could analyze or comment on any proposed new state level anticounterfeiting laws or regulations in the United States of America.

BE IT RESOLVED, that the International Trademark Association adopts the attached  Model State Anticounterfeiting Bill to serve as a baseline standard by which INTA could analyze or comment on any proposed new state level anti-counterfeiting laws or regulations in the United States of America.


Background

The proposed resolution is intended to advance the project undertaken by the ACEC for the development of a Model State Anticounterfeiting Bill to serve as a baseline standard by which INTA could analyze or comment on any proposed new state level anti-counterfeiting laws or regulations in the .

Back in the mid to late 1990s, many states enacted anticounterfeiting statutes to remedy the enforcement loopholes present in their criminal simulation and forgery statutes. With the enactment of these modern anticounterfeiting statutes, the statutory element that a defendant “intended to deceive and defraud” was eliminated and replaced with proof that the defendant “knowingly” distributed, offered for sale or sold goods bearing a registered trademark.

While the enactment of these statutes greatly advanced trademark enforcement throughout the states, new issues later surfaced during enforcement of these statutes.

The Anticounterfeiting & Enforcement Committee (ACEC) believed that the most appropriate way to deal with these post-enactment issues is to develop a Model Anticounterfeiting Bill (the “Model”) to be utilized in the amendment or enactment of new legislation throughout the states. The proposed resolution represents these efforts.

The Model Bill was developed through a review of all existing state forgery, criminal simulation, business practices and modern anticounterfeiting statutes and the associated case law. In addition, the ACEC and the International Anti-Counterfeiting Coalition (IACC) jointly developed this Model Bill from an already existing IACC Model Bill, which over the last 10 years has been adopted in some form in one-third to one-half of the states and the District of Columbia.

After thorough discussion and careful consideration, the ACEC and IACC adopted some sections of the IACC Model Bill, omitted others and made the necessary revisions to address the post-enactment issues raised. The INTA Model Anticounterfeiting Bill is the result of these efforts.