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A10813Assembly2009-2010 Session

Relates to the disposal of counterfeit products

Sponsor Alan MaiselAD-59+7 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

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In committee · Codes

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  1. Referred to codes

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Sponsor's memo

BILL NUMBER:A10813

Title of bill

An act to amend the general business law and the penal law, in relation to the disposal of counterfeit products

Purpose or general idea of bill

Currently all seized counterfeit or imitation products must be delivered to an officer of the court or to the complainant to be destroyed. This bill would add the option for the court to donate these products to recognized charitable organizations.

Summary of specific provisions

Tithe court makes the determination that the seized products may be donated, they may be given only to non-profit corporations with an established history of service to indigent individ- uals. These corporations will be able to petition the court for consid- eration. The merchandise companies whose products have been counterfeit- ed must "opt-out" within 30 days of notice if they do not want the seized items donated. Otherwise, after 30 days the items will be distributed by the court. These items may not be sold by either the charity or by the individual who receives them. All distributed items must have the tags removed or marked in such a way that they will not be confused with actual products of the lawful mark owner. This bill restricts audiovisual works or electronic products from being dissem- inated.

Justification

Each year there is a large amount of counterfeit merchan- dise which is seized by law enforcement and subsequently destroyed. This bill would help serve the less fortunate by providing them with these items (most commonly clothing).

Prior legislative history

New Bill

Fiscal implications

Minimal.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.