Texas House Bill HB1454

Texas 2019 - 86th Regular

Caption

Relating to the disposition of an item bearing a counterfeit trademark seized in connection with a criminal offense.

Impact

The impact of HB 1454 on state laws is significant. It clearly specifies the legal outcomes for items identified as counterfeit, mandating their forfeiture to the rightful owner of the protected trademark upon request, or destruction if the owner does not request the return. This change aims to reinforce enforcement against the proliferation of counterfeit goods, which not only harms the market but also the intellectual property rights of legitimate businesses. By establishing a clear process, the bill enhances legal certainty for trademark owners who seek to reclaim their rights over counterfeit items.

Summary

House Bill 1454 addresses the legal framework surrounding the disposition of items bearing counterfeit trademarks that are seized in connection with a criminal offense. The bill proposes an addition to the Texas Code of Criminal Procedure, specifically introducing Article 18.182, which delineates how such items should be handled following a conviction or placement on deferred adjudication. This legislation emphasizes the importance of protecting trademark owners and ensuring that counterfeit items are dealt with appropriately following judicial proceedings.

Contention

Notable points of contention surrounding HB 1454 include concerns about the effectiveness and enforcement of the changes proposed. Critics may argue about the potential burden this could place on courts and law enforcement in executing forfeitures versus destruction, especially in a system already stretched thin. Additionally, considerations around due process and the authority given to courts in deciding the disposition of seized items could generate debate. Furthermore, stakeholders in the business community might discuss how this bill aligns with existing intellectual property laws and whether it sufficiently addresses the complexities involved in counterfeit goods.