To combat the continuing problem brand owners and the public have with counterfeit trademarks, Congress has enacted two new pieces of legislation.

First, the National Defense Authorization Act (“NDAA”) was signed in December 2011 and went into effect earlier this year. The NDAA increased penalties for counterfeits found in the military supply chain.

Second, on July 9, 2012, President Obama signed into law S. 3187, the Food and Drug Administration Safety and Innovation Act (“ACTA”). ACTA enhances penalties for trafficking in counterfeit drugs.


This article was prepared by Mark Mutterperl.