1Providing for Made in PA® trademark, for licensee qualification,
2for duties and authority of department, for trademark license
3agreement, application and licensure process and for costs;
4establishing the Made in PA® Trademark Licensing Fund; and
5providing for civil penalties, for injunctive relief and for
6rules and regulations.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Short title.

10This act shall be known and may be cited as the Made in PA®
11Act.

12Section 2. Definitions.

13The following words and phrases when used in this act shall

1have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3"Department." The Department of Community and Economic
4Development of the Commonwealth.

5"Fund." The Made in PA® Trademark Licensing Fund established
6in section 8.

7"Licensee." A qualified entity that is subject to a current
8Made in PA® trademark license agreement with the department.

9"Made in PA® trademark." One or more trademarks that:

10(1) consist of the phrase "Made in PA" or "Made in
11Pennsylvania"; and

12(2) may include specific graphic designs or artwork as
13part of the trademark registration.

14"Pennsylvania-made commodity." Tangible products produced or
15manufactured in this Commonwealth by a business and that are
16transported or intended to be transported in commerce.

17"Person." An individual, partnership, corporation,
18association or another legal entity.

19"Qualified entity." A person that produces, manufactures,
20sells, offers for sale, markets or promotes Pennsylvania-made
21commodities.

22Section 3. Made in PA® trademark.

23The department shall take the actions necessary and
24appropriate to acquire, create, establish, register, maintain,
25license, promote and protect a Made in PA® trademark for use on
26or in connection with the sale, marketing or promotion of a
27Pennsylvania-made commodity.

28Section 4. Licensee qualification.

29To become a licensee a qualified entity must be:

30(1) a person that produces or manufactures a

1Pennsylvania-made commodity in whole or in part at a facility
2located within this Commonwealth;

3(2) a person that promotes or markets a Pennsylvania-
4made commodity from a person that satisfies the provisions of
5paragraph (1); or

6(3) a person approved by the department to use and
7promote the use of the Made in PA® trademark to
8constituencies in furthering the purposes of this act.

9Section 5. Duties and authority of department.

10(a) Authority to enter into trademark license agreements.--
11The department:

12(1) May enter into a trademark license agreement with a
13qualified entity.

14(2) Shall establish the terms and conditions under which
15a person may be licensed to use the Made in PA® trademark.
16Terms and conditions must require a licensee to produce,
17process, promote or market a Pennsylvania-made commodity in a
18manner acceptable to the department that protects the
19reputation of the Made in PA® trademark.

20(3) May periodically review a licensing agreement to
21determine if the terms are being met.

22(b) Cooperative activities.--The department may engage in
23cooperative activities to implement and advance the purposes of
24this act.

25(c) Public information Internet website.--

26(1) The department shall compile a list of the qualified
27entities who become licensees under this act. The list shall
28be made available to the public on the department's Internet
29website and for other public distribution as the department
30approves.

1(2) The list shall be updated every three months and
2include:

3(i) the Pennsylvania-made commodity produced,
4manufactured or promoted by the licensee;

5(ii) contact information for the licensee that may
6include an Internet website link; and

7(iii) one or more locations where the Pennsylvania-
8made commodity may be purchased.

9Section 6. Trademark license agreement, application and
10licensure process.

11(a) General rules.--

12(1) A qualified entity may apply to be licensed to use
13the Made in PA® trademark.

14(2) An application must:

15(i) be on a form prepared by the department; and

16(ii) require identification information and other
17information the department deems necessary to determine
18if an applicant is a qualified entity.

19(3) The application form shall be provided by the
20department upon request.

21(4) The department may determine whether a person is a
22qualified entity for purposes of this act.

23(5) If the department determines that an applicant is a
24qualified entity, it shall offer that qualified entity a
25trademark license agreement.

26(6) A trademark license agreement under this act is
27effective for one year from the date upon which an agreement
28is executed and may be renewed. An agreement must contain
29provisions allowing for the termination of the license
30agreement by the department or a licensee upon 60 days'

1advance written notice to the other party.

2(b) Preexisting trademark license agreements.--A trademark
3license agreement that is in effect prior to the effective date
4of this section and authorizes the use of a Made in PA®
5trademark remains in effect until it is terminated or until the
6end of the current contract year, whichever occurs first.

7Section 7. Costs.

8Reimbursement of costs are as follows:

9(1) The department may charge a licensee for costs
10incurred by the department in connection with the licensee's
11participation in an activity, trade show, exhibition or other
12promotional event conducted or facilitated by the department.
13A charge must reasonably reflect the costs incurred by the
14department in facilitating the licensee's participation and
15may include the costs as proportional shares of event
16registration fees, equipment rental fees, display area rental
17fees and related costs.

18(2) The department may charge a licensee for costs of
19Made in PA® promotional materials provided by the department
20at the request of the licensee.

21Section 8. Made in PA® Trademark Licensing Fund.

22(a) Establishment.--There is established in the State
23Treasury a special fund to be known as the Made in PA® Trademark
24Licensing Fund. The fund shall be an interest-bearing restricted
25revenue account. The following money shall be deposited into the
26fund:

27(1) Money as is appropriated, given, granted or donated
28for the purpose established under this act by the Federal
29Government, the Commonwealth or another government or private
30agency or person.

1(2) Funds derived from the costs established under
2section 7.

3(3) Funds derived from civil penalties collected by the
4department under section 9.

5(b) Appropriation.--Money in the fund is appropriated on a
6continuing basis to the department for the purpose of
7administering this act. The interest and earnings received from
8investment or deposit of the money in the fund shall be paid
9into the account for the purpose authorized by this section.
10Unexpended money and interest or earnings on the money in the
11fund may not be transferred or revert to the General Fund, but
12shall remain in the account to be used by the department for the
13purpose specified under this section.

14(c) Use.--Money deposited in the fund shall be used to:

15(1) promote the licensure and use of the Made in PA®
16trademark with respect to Pennsylvania-made commodities;

17(2) promote the Made in PA® trademark as an
18identification of origin and quality;

19(3) promote Pennsylvania-made commodities with respect
20to which the Made in PA® trademark is licensed;

21(4) pay costs associated with monitoring the use of the
22Made in PA® trademark to prohibit the unlawful or
23unauthorized use of the trademark and enforcing rights of the
24trademark; and

25(5) otherwise fund the department's costs in
26administering and enforcing this act.

27Section 9. Civil penalties.

28In addition to any other remedy available at law or in equity
29for a violation of a provision of this act or a trademark
30license agreement established under this act, the department may

1assess a civil penalty upon the person responsible for the
2violation. The civil penalty assessed may not exceed $10,000 and
3is payable to the Commonwealth and collectible in a manner
4provided under law for the collection of debt.

5Section 10. Injunctive relief.

6In addition to the other remedies provided under this act,
7the Attorney General, at the request of the department, may
8initiate, in Commonwealth Court or the court of common pleas of
9the county in which the defendant resides or has his place of
10business, an action in equity for an injunction to restrain
11violations of this act or a trademark license agreement. In the
12proceeding, the court shall, upon motion of the Commonwealth,
13issue a preliminary injunction if it finds the defendant is
14engaging in unlawful conduct under this act or is engaging in
15conduct that is causing immediate or irreparable harm to the
16public. The Commonwealth may not be required to furnish bond or
17other security in connection with the proceedings. In addition
18to an injunction, the court, in equity proceedings, may levy
19civil penalties as provided under section 9.

20Section 11. Rules and regulations.

21The department shall promulgate rules and regulations
22necessary to promote the efficient, uniform and Statewide
23administration of this act. For two years from the effective
24date of this section, the department may promulgate, adopt and
25use guidelines to implement the provisions of this act. The
26guidelines must be published in the Pennsylvania Bulletin but
27not be subject to review under section 205 of the act of July
2831, 1968 (P.L.769, No.240), referred to as the Commonwealth
29Documents Law, sections 204(b) and 301(10) of the act of October
3015, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys

1Act, or the act of June 25, 1982 (P.L.633, No.181), known as the
2Regulatory Review Act. The guidelines expire no later than
3December 31, 2015, and must be replaced by regulations that have
4been promulgated, adopted and published as provided under law.

5Section 12. Effective date.

6This act shall take effect in 60 days.