PRINTER'S NO. 357
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
180
Session of
2015
INTRODUCED BY GOODMAN, EVANKOVICH, SCHLOSSBERG, BARBIN, BARRAR,
BISHOP, BIZZARRO, BOBACK, BOYLE, R. BROWN, BROWNLEE,
CALTAGIRONE, CARROLL, COHEN, CONKLIN, D. COSTA, P. COSTA,
M. DALEY, P. DALEY, DAVIS, DEAN, DEASY, DeLISSIO, DeLUCA,
DERMODY, DONATUCCI, DUNBAR, EMRICK, EVERETT, FABRIZIO,
FARINA, FRANKEL, FREEMAN, GABLER, GAINEY, GALLOWAY, GIBBONS,
HAHN, HANNA, HARHAI, HARKINS, JAMES, W. KELLER, KIM, KNOWLES,
KORTZ, KOTIK, LAWRENCE, LONGIETTI, MACKENZIE, MARKOSEK,
MARSHALL, MARSICO, MASSER, MATZIE, McCARTER, McNEILL,
D. MILLER, MULLERY, MURT, NEUMAN, O'BRIEN, OBERLANDER,
ORTITAY, C. PARKER, PASHINSKI, PEIFER, PYLE, RAVENSTAHL,
READSHAW, SABATINA, SACCONE, SAINATO, SAMUELSON, SAYLOR,
SCHREIBER, SIMMONS, SIMS, SNYDER, STEPHENS, STURLA, TALLMAN,
THOMAS, TOBASH, WATERS, WATSON, YOUNGBLOOD, ZIMMERMAN AND
MOUL, FEBRUARY 5, 2015
REFERRED TO COMMITTEE ON COMMERCE, FEBRUARY 5, 2015
AN ACT
Providing for Made in PA® trademark, for licensee qualification,
for duties and authority of department, for trademark license
agreement, application and licensure process and for costs;
establishing the Made in PA® Trademark Licensing Fund; and
providing for civil penalties, for injunctive relief and for
rules and regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Made in PA®
Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
1
2
3
4
5
6
7
8
9
10
11
12
13
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Community and Economic
Development of the Commonwealth.
"Fund." The Made in PA® Trademark Licensing Fund established
in section 8.
"Licensee." A qualified entity that is subject to a current
Made in PA® trademark license agreement with the department.
"Made in PA® trademark." One or more trademarks that:
(1) consist of the phrase "Made in PA" or "Made in
Pennsylvania"; and
(2) may include specific graphic designs or artwork as
part of the trademark registration.
"Pennsylvania-made commodity." Tangible products produced or
manufactured in this Commonwealth by a business and that are
transported or intended to be transported in commerce.
"Qualified entity." A person that produces, manufactures,
sells, offers for sale, markets or promotes Pennsylvania-made
commodities.
Section 3. Made in PA® trademark.
The department shall take the actions necessary and
appropriate to create, register, maintain, license, promote and
protect a Made in PA® trademark for use on or in connection with
the sale, marketing or promotion of a Pennsylvania-made
commodity.
Section 4. Licensee qualification.
To become a licensee a qualified entity must be:
(1) a person that produces or manufactures a
Pennsylvania-made commodity in whole or in part at a facility
located within this Commonwealth;
20150HB0180PN0357 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) a person that promotes or markets a Pennsylvania-
made commodity from a person that satisfies the provisions of
paragraph (1); or
(3) a person approved by the department to use and
promote the use of the Made in PA® trademark to
constituencies in furthering the purposes of this act.
Section 5. Duties and authority of department.
(a) Authority to enter into trademark license agreements.--
The department:
(1) May enter into a trademark license agreement with a
qualified entity.
(2) Shall establish the terms and conditions under which
a person may be licensed to use the Made in PA® trademark.
Terms and conditions must require a licensee to produce,
process, promote or market a Pennsylvania-made commodity in a
manner acceptable to the department that protects the
reputation of the Made in PA® trademark.
(3) May periodically review a licensing agreement to
determine if the terms are being met.
(b) Cooperative activities.--The department may engage in
cooperative activities to implement and advance the purposes of
this act.
(c) Public information Internet website.--
(1) The department shall compile a list of the qualified
entities who become licensees under this act. The list shall
be made available to the public on the department's Internet
website and for other public distribution as the department
approves.
(2) The list shall be updated every three months and
include:
20150HB0180PN0357 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(i) the Pennsylvania-made commodity produced,
manufactured or promoted by the licensee;
(ii) contact information for the licensee that may
include an Internet website link; and
(iii) one or more locations where the Pennsylvania-
made commodity may be purchased.
Section 6. Trademark license agreement, application and
licensure process.
(a) General rules.--
(1) A qualified entity may apply to be licensed to use
the Made in PA® trademark.
(2) An application must:
(i) be on a form prepared by the department; and
(ii) require identification information and other
information the department deems necessary to determine
if an applicant is a qualified entity.
(3) The application form shall be provided by the
department upon request.
(4) The department may determine whether a person is a
qualified entity for purposes of this act.
(5) If the department determines that an applicant is a
qualified entity, it shall offer that qualified entity a
trademark license agreement.
(6) A trademark license agreement under this act is
effective for one year from the date upon which an agreement
is executed and may be renewed. An agreement must contain
provisions allowing for the termination of the license
agreement by the department or a licensee upon 60 days'
advance written notice to the other party.
(b) Preexisting trademark license agreements.--A trademark
20150HB0180PN0357 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
license agreement that is in effect prior to the effective date
of this section and authorizes the use of a Made in PA®
trademark remains in effect until it is terminated or until the
end of the current contract year, whichever occurs first.
Section 7. Costs.
(a) Charge for costs.--The department may charge a licensee
for costs incurred by the department in connection with the
licensee's participation in an activity, trade show, exhibition
or other promotional event conducted or facilitated by the
department. A charge must reasonably reflect the costs incurred
by the department in facilitating the licensee's participation
and may include the costs as proportional shares of event
registration fees, equipment rental fees, display area rental
fees and related costs.
(b) Cost of promotional materials.--The department may
charge a licensee for costs of Made in PA® promotional materials
provided by the department at the request of the licensee.
Section 8. Made in PA® Trademark Licensing Fund.
(a) Establishment.--There is established in the State
Treasury a special fund to be known as the Made in PA® Trademark
Licensing Fund. The fund shall be an interest-bearing restricted
revenue account. The following money shall be deposited into the
fund:
(1) Money appropriated or given for the purpose
established under this act by the Federal Government, the
Commonwealth or another government or private agency or
person.
(2) Funds derived from the costs established under
section 7.
(3) Funds derived from civil penalties collected by the
20150HB0180PN0357 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
department under section 9.
(b) Appropriation.--Money in the fund is appropriated on a
continuing basis to the department for the purpose of
administering this act. The interest and earnings received from
investment or deposit of the money in the fund shall be paid
into the account for the purpose authorized by this section.
Unexpended money and interest or earnings on the money in the
fund may not be transferred or revert to the General Fund, but
shall remain in the account to be used by the department for the
purpose specified under this section.
(c) Use.--Money deposited in the fund shall be used to:
(1) promote the licensure and use of the Made in PA®
trademark with respect to Pennsylvania-made commodities;
(2) promote the Made in PA® trademark as an
identification of origin and quality;
(3) promote Pennsylvania-made commodities with respect
to which the Made in PA® trademark is licensed;
(4) pay costs associated with monitoring the use of the
Made in PA® trademark to prohibit the unlawful or
unauthorized use of the trademark and enforcing rights of the
trademark; and
(5) otherwise fund the department's costs in
administering and enforcing this act.
Section 9. Civil penalties.
In addition to any other remedy available at law or in equity
for a violation of a provision of this act or a trademark
license agreement established under this act, the department may
assess a civil penalty upon the person responsible for the
violation. The civil penalty assessed may not exceed $10,000 and
is payable to the Commonwealth and collectible in a manner
20150HB0180PN0357 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
provided under law for the collection of debt.
Section 10. Injunctive relief.
In addition to the other remedies provided under this act,
the Attorney General, at the request of the department, may
initiate, in Commonwealth Court or the court of common pleas of
the county in which the defendant resides or has his place of
business, an action in equity for an injunction to restrain
violations of this act or a trademark license agreement. In the
proceeding, the court shall, upon motion of the Commonwealth,
issue a preliminary injunction if it finds the defendant is
engaging in unlawful conduct under this act or is engaging in
conduct that is causing immediate or irreparable harm to the
public. The Commonwealth may not be required to furnish bond or
other security in connection with the proceedings. In addition
to an injunction, the court, in equity proceedings, may levy
civil penalties as provided under section 9.
Section 11. Rules and regulations.
The department shall promulgate rules and regulations
necessary to promote the efficient, uniform and Statewide
administration of this act. For two years from the effective
date of this section, the department may promulgate, adopt and
use guidelines to implement the provisions of this act. The
guidelines must be published in the Pennsylvania Bulletin but
shall not be subject to review under section 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth
Documents Law, sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys
Act, or the act of June 25, 1982 (P.L.633, No.181), known as the
Regulatory Review Act. The guidelines shall expire no later than
December 31, 2017, and must be replaced by regulations that have
20150HB0180PN0357 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
been promulgated, adopted and published as provided under law.
Section 12. Effective date.
This act shall take effect in 60 days.
20150HB0180PN0357 - 8 -
1
2
3