Counterfeiting Bill Passed

from the inbox:

Today Gov. Rendell signed into law a measure championed by state Rep. Josh Shapiro, D-Montgomery, which strengthens Pennsylvania’s trademark counterfeiting law.

Act 74 will reinstate trademark protections that were overturned by a technicality last October by the state Supreme Court and will clarify the offense of trademark counterfeiting. Since the ruling last year, law enforcement agents have been limited to misdemeanor charges in trademark counterfeiting cases.

"Over the past year I’ve been leading the effort to close this gaping hole in our law," explained Shapiro. "This bill will punish trademark counterfeiters and ensure that products sold to Pennsylvanians are legitimate. This is an important tool needed to protect businesses and consumers in our state."

The bill signed into law today clarifies what constitutes trademark infringement and creates criminal penalties that include the forfeiture of the counterfeited goods and any profits derived from selling the counterfeited goods. The bill also requires the counterfeiter to pay restitution to cover the cost of discovering the counterfeiting, and finally, commands the destruction of the counterfeited goods.