State & Local Programs
Model State
Based largely on our successful federal legislative package-the Campaign to Protect America, we are working with Attorney General Baker in Georgia to turn Georigia into a model state for IP enforcement. General Baker has dedicated an assistant attorney general to counterfeiting and piracy and we are working with him to form a statewide task force modeled after the task forces in North Carolina, New York, and Los Angeles.
Trademark Legislation
The U.S. Chamber of Commerce has partnered with the International Anti Counterfeiting Coalition (IACC) and the International Trademark Association (INTA) in the fight against counterfeiting and piracy in order to create state legislation that will protect consumers and businesses. In 2008 Florida, Virginia, and California passed bills that increased penalties against counterfeiters, codified state and federal trademark laws, and closed loop holes in existing state law.
Illinois
On May 27, SB1631 introduced by Senate Majority Whip Ira Silverstein (D) passed the Illinois State Senate. The bill will protect consumers and legitimate businesses against counterfeiting and piracy in the state, while protecting jobs in the industries that make these products.
The bill codifies the definition of a counterfeit mark with federal law and includes increased penalties–especially for repeat offenders and criminals trafficking goods that could cause bodily injury or death. The bill also includes improved forfeiture and restitution provisions. SB1631 awaits the Governor's signature
- Bill text for SB1631
- Press Release: May 28, 2009 - U.S. and Illinois Chambers of Commerce Comend Passage of State Anti-Counterfeiting Bill
Florida
On July 2 2008, Florida Governmor Charlie Crist signed into a law "The Anti-Counterfeiting Act of 2008." The law is a product of the a collaborative effort between Florida state leaders, law enforcement, the U.S. Chamber, the IACC, and the International Trademark Association (INTA).
The legislation was championed by Attorney General Bill McCollum, who names it one of his priority bills for 2008 and passed unanimously by the Florida Senate and House of Representatives.
- The Anti-Counterfeiting Act of 2008
- Press Release: July 2, 2008 - U.S. Chamber Joins Florida State Leaders in Counterfeiting Fight
- Press Release: September 30, 2008 - Attorney General Announces New Laws Taking Effect October 1
Virginia
On June 30 2008, the Virginia Attorney General Bob McDonnell announced a new state law set to take effect on July 1, 2008. This new law aims to more effectively combat counterfeiting and piracy in the commonwealth and increas penalties for trademark infringement, and possession of counterfeit goods. The law also grants increases authority of law enforcement to seize illegal goods.
- Final text of the Virginia Bill
- Press Release: June 30, 2008 - U.S Chamber, Virginia Attorney General and Virginia Legislators Get Tough on Counterfeiting
- Press Release: June 30, 2008 - Attorney General McDonnell Profiles New Laws
California
On September 27 2008, Governor Schwarzenegger signed AB 1394 into law. This bill was sponsored and championed by Assemblyman Paul Kerkorian and the California Chamber of Commerce. The new law will streghten California's anti-counterfeiting laws by closing loopholes that undermine enforcement efforts and bring California law into greater conformity with federal law.
