2020 has been a difficult year filled with immense challenge and change (to say the least). From all of us at Diaz Trade Law, we are incredibly thankful and grateful for your support. Despite a pandemic, Diaz Trade Law still managed to save our clients MILLIONS of dollars in 2020. It is with great joy that we finish off 2020 filled with numerous achievements and accomplishments. We look forward to assisting you in what we envision will be a better and brighter 2021!
Do you want to learn more about intellectual property rights (IPR)? Do you want to understand how IPR and U.S. Customs mix (and don’t mix)? Do you want to understand how to properly protect your brand internationally and domestically and what type of enforcement action U.S. Customs can take against infringers? If so, this 3 part FREE seminar series is especially for you. Act now, and reserve your FREE seat while they last. Did we mention it’s FREE??
Diaz Trade Law’s President, Jennifer Diaz and Associate Attorney, Denise Calle are enthusiastic to announce that our article “USDA & CBP Combat Non-Compliant WPM“ was published by Bloomberg Law! Below is the article reproduced with permission for your reading pleasure. We’d love to hear your feedback! Continue Reading
We want to make sure you stay up to date with the hottest trade blogs from 2019. Below is a summary of what you missed by category. Enjoy!
DTL saved clients MILLIONS of dollars in 2019. It is with great joy that we finish off 2019 celebrating our fourth anniversary! We would like to thank each of you for being an integral part of making DTL a success.
This year has been filled with numerous achievements and accomplishments. We are grateful for the clients who have entrusted their trade and customs issues to us, and we look forward to assisting you in 2020!
Below we share some of our 2019 success stories with you.
BREAKING NEWS: China Trade War Update – List 4A Reduced to 7.5% and List 4B will NOT become effective on 12/15
We have been monitoring for a news update on whether U.S. & CHINA reached a “PHASE ONE DEAL” since we last wrote about it on October 11, 2019. Two months later, the USTR published a press release confirming that the United States and China have reached an historic and enforceable agreement on a Phase One trade deal and President Trump tweeted the announcement noting that this “is an amazing deal for all”.
What does the “Phase One Deal” Include?
- The deal requires structural reforms and other changes to China’s economic and trade regime in the areas of intellectual property, technology transfer, agriculture, financial services, and currency and foreign exchange.
- The Phase One agreement also includes a commitment by China that it will make substantial additional purchases of U.S. goods and services in the coming years.
- Importantly, the agreement establishes a strong dispute resolution system that ensures prompt and effective implementation and enforcement.
- The United States has agreed to modify its Section 301 tariff actions in a significant way.
What is the Impact on Section 301 Tariffs?
- Lists 1, 2, 3 will continue to be subject to 25% tariffs
- Approximately $250 billion of Chinese imports
- List 4A has been reduced to 7.5% from 15%
- Approximately $120 billion of Chinese imports
- The effective date for the reduced tariff has NOT been announced.
- List 4B will not become effective on December 15.
USTR announced it will open the exclusion request process for HTS’s on List 4A. List 4A includes products covered by Annex A of the August 20, 2019 notice (84 FR 43304) that are subject to 15% duty as of September 1, 2019.
List 4 has a total of 300 Billion worth of products and includes both lists 4A & 4B. 15% duties for List 4B (products covered by Annex C of the August 20 notice) are effective December 15, 2019, and no exclusion process has yet been discussed for 4B.
Exclusion portal opens October 31, 2019, and closes on January 31, 2020.
Contact us today to get your request in timely!
DTL helps clients strategize how to identify the strongest argument to persuade the government in granting your exclusion request. DTL was active in assisting clients submit exclusion requests for List 3.
How CBP Protects Your Intellectual Property Rights at the Border / ¿Derechos de propiedad intelectual en la frontera?
As an intellectual property right (IPR) owner, you have the right to work with CBP to prevent the unauthorized importation of infringing goods into the U.S. Registered trademarks, trade names, and copyrights can all be recorded with the with U.S. Customs and Border Protection (CBP). CBP helps trademark and copyright owners prevent the unauthorized importation of infringing products. CBP has the ability to detain, seize, and issue penalties to those who import goods which violate intellectual property rights.
This article will discuss:
Top 11 Copyright Myths and Misconceptions / Los Top Once Mitos y conceptos erróneos sobre los Derechos de Autor
1.- What is copyrightable and what is not?
Copyright protection exists in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
Works of authorship include the following categories:
- literary works;
- musical works, including any accompanying words;
- dramatic works, including any accompanying music;
- pantomimes and choreographic works;
- pictorial, graphic, and sculptural works;
- motion pictures and other audiovisual works;
- sound recordings; and
- architectural works.
In most jurisdictions, the majority of trademark filings are made by small businesses and entrepreneurs or solopreneurs. When starting a business, it is easy to get caught up on getting your business off the ground. Below outlines the TOP 10 mistakes trademark owners can make (and we will teach you how to avoid them and MUCH more in our seminar, ABC’s of Protecting Your Brand, on February 20, 2019).
- Not Realizing That Protecting Trademarks Could Create Value for Your Business.
Most new businesses should analyze the value of their business from the start. While most businesses operate out of rented/leased space or straight out of the owner’s home and rely on loans to promote their services or financing for product inventory, businesses fall short in adding value to their own brand name. When it’s time to sell or liquidate businesses are left with little or no assets apart from their client lists and intellectual property, if any. Not investing in protecting their trademarks will diminish the value of their business in the future.