[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 738 Agreed to Senate (ATS)]
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117th CONGRESS
2d Session
S. RES. 738
Recognizing the importance of trademarks in the economy and the role
of trademarks in protecting consumer safety, by designating the month
of August as ``National Anti-Counterfeiting and Consumer Education and
Awareness Month''.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 2, 2022
Mr. Grassley (for himself, Mr. Coons, Mr. Durbin, Mr. Tillis, and Mr.
Warnock) submitted the following resolution; which was considered and
agreed to
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RESOLUTION
Recognizing the importance of trademarks in the economy and the role
of trademarks in protecting consumer safety, by designating the month
of August as ``National Anti-Counterfeiting and Consumer Education and
Awareness Month''.
Whereas public awareness is crucial to safeguard consumers and businesses from
unsafe and unreliable products that, through illicit activity, threaten
intellectual property rights, the economic market, and even the health
and well-being of consumers;
Whereas Federal statutes such as the Act of July 5, 1946 (commonly referred to
as the ``Trademark Act of 1946'' or the ``Lanham Act'') (60 Stat. 427,
chapter 540; 15 U.S.C. 1051 et seq.) (referred to in this preamble as
the ``Lanham Act'') and the Trademark Counterfeiting Act of 1984 (Public
Law 98-473; 98 Stat. 2178) regulate the unlawful act of producing and
selling counterfeit products;
Whereas the Lanham Act provided the foundation for modern Federal trademark
protection, creating legal rights and remedies for brand owners
suffering from trademark infringement, helping consumers make informed
choices by reducing the amount of confusingly similar products, and
making the marketplace more fair, competitive, and safe for all;
Whereas, according to the World Intellectual Property Organization, there was an
estimated 64,400,000 active trademark registrations around the world in
2020, an 11.2 percent increase from the previous year;
Whereas counterfeit products undermine laws, including the Lanham Act, that
ensure the safety of consumers, businesses, and brand owners against
illegitimate products in the marketplace, from which criminal groups and
bad actors are benefitting at the expense of the public and private
sector;
Whereas counterfeiters use different online platforms to attract consumers to
buy illegitimate goods, usually enticing consumers through cheaper
prices;
Whereas the growth of both global commerce and electronic commerce has expedited
the evolving problem because it has given third-party actors an enhanced
opportunity to reach consumers that they may have not previously been
able to reach;
Whereas the deceptive tactics of counterfeiters and their counterfeit products
pose actual and potential harm to the health and safety of United States
citizens, especially the most vulnerable consumers in society, such as
senior citizens and children;
Whereas, according to the 2021 Special 301 Report issued by the Office the
United States Trade Representative, counterfeit items often do not
comply with regulated safety standards, and as a result, vast amounts of
unsafe products are constantly circulating the market;
Whereas goods originating in China and Hong Kong account for approximately 80
percent of all global customs seizures of dangerous counterfeit goods,
including foodstuffs, pharmaceuticals, cosmetics, and other goods;
Whereas many international criminals have used the pandemic to exploit the
market with numerous counterfeits, and as a result, have defrauded
United States citizens;
Whereas the Federal Bureau of Investigation has stressed the need to educate the
healthcare industry, private organizations, and the public of the United
States on the increased potential for counterfeit medical equipment that
is used in relation to the COVID-19 pandemic;
Whereas counterfeit medical products pose a particular threat to the safety and
health of consumers in the United States because the counterfeit product
does not provide the same level of protection as an authentic article;
Whereas these dangers were elevated during the COVID-19 pandemic by significant
trafficking in counterfeit personal protective equipment, medical
devices, and COVID-19 treatments;
Whereas, according to the World Trademark review, ``as of 25 March 2021, there
have been 2,054 covid-19-related seizures, including counterfeit masks
and medicines totaling in excess of $47.2 million, with 265 arrests'';
Whereas, in September 2021, the Drug Enforcement Administration (``DEA'') issued
its first Public Safety Alert in 6 years to warn the public about the
alarming increase in the availability and lethality of fake prescription
pills in the United States, pills that often contain deadly doses of
fentanyl, and in 2021 the DEA seized a staggering 20,400,000 fake
prescription pills;
Whereas counterfeit products threaten the United States economy and job
creation, and according to United States Customs and Border Protection,
counterfeiting and piracy cost businesses in the United States more than
$200,000,000,000 per year and has led to the loss of 750,000 jobs;
Whereas, in 2021, the United States Customs and Border Protection reported
20,252 counterfeit good seizures, with ``an estimated manufacturer's
suggested retail price (MSRP) of over $2.15 billion if the goods were
authentic[, which] equates to about $5.88 million in counterfeit goods
seizures every day'';
Whereas the manufacturing, trade, and consumption of counterfeit products are on
the rise;
Whereas, according to the United States Patent and Trademark Office, as of 2020,
at least 20 percent of counterfeit and pirated goods sold abroad
displace sales in the United States, and of the $143,000,000,000 sold of
such goods, the United States economy suffers a loss of around
$29,000,000,000 per year;
Whereas businesses of all sizes collectively spend millions of dollars to
protect and enforce their own brand and products by removing counterfeit
products from both online and physical marketplaces;
Whereas businesses must devote resources to combating counterfeit products
instead of using those resources to grow their business by hiring new
employees and developing new products;
Whereas 1 of the most effective ways to protect consumers of the dangers of
counterfeit products is through educational campaigns and awareness
programs; and
Whereas organizations such as the Congressional Trademark Caucus, Federal
enforcement agencies, the National Intellectual Property Rights
Coordination Center, and State enforcement agencies are actively working
to raise awareness of the value of trademarks and the impact and harms
caused by counterfeit products on both the national and State economies:
Now, therefore, be it
Resolved, That the Senate--
(1) designates the month of August 2022 as ``National Anti-
Counterfeiting and Consumer Education and Awareness Month'';
(2) supports the goals and ideals of National Anti-
Counterfeiting and Consumer Education and Awareness Month to
educate the public and raise public awareness about the actual
and potential dangers counterfeit products pose to consumer
health and safety;
(3) affirms the continuing importance and need for
comprehensive Federal, State, and private sector-supported
education and awareness efforts designed to equip the consumers
of the United States with the information and tools needed to
safeguard against illegal counterfeit products in traditional
commerce, internet commerce, and other electronic commerce
platforms; and
(4) recognizes and reaffirms the commitment of the United
States to combating counterfeiting by promoting awareness about
the actual and potential harm of counterfeiting to consumers
and brand owners and by promoting new education programs and
campaigns designed to reduce the supply of, and demand for,
counterfeit products.
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