How CBP Protects Your Intellectual Property Rights at the Border / ¿Derechos de propiedad intelectual en la frontera?

IPR ---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:

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Recap of the 2019 CBP Trade Symposium

U.S. Customs and Border Protection (CBP) held its annual Trade Symposium on July 23 – 24, 2019, in Chicago, IL. With over a thousand attendees, this year’s trade symposium provided a high-level overview of the Agency’s current stance on various issues and the need for stronger partnership between all stakeholders, including the trade community. DTL was on the ground meeting with CBP to get answers to our client’s questions and ensuring we keep our readers in the loop on CBP’s TOP trade priorities. The two-day event included panel discussions and one on one meetings with the Directors and Executive Directors other Centers of Excellence and Expertise, along with exhibitor booths that ranged from CBP Enforcement of Forced Labor, AD/CVD, and IPR to USDA and FDA. Here is a detailed recap of who, what, and when:

DAY ONE:

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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.

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By |2021-10-29T14:56:09-04:00April 24, 2019|Best Practices, Counterfeits, International Business, International Law, IPR, Trademarks and Logos|Comments Off on Top 11 Copyright Myths and Misconceptions / Los Top Once Mitos y conceptos erróneos sobre los Derechos de Autor

TOP 10 MISTAKES MADE BY TRADEMARK OWNERS

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).

  1. 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.

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34,143 IPR Seizures in 2017, Sets Record!

The Department of Homeland Security (DHS) is tasked with the monitoring of and enforcement of intellectual property rights (IPR). In DHS’s annual report, it discusses over 11 million containers arriving at seaports, 10 million transported on land by trucks, 3 million transported by train, and another quarter billion express packages transported by mail and plane. This report serves delves the work done by DHS.

The DHS’ annual report investigates products that infringe US trademarks and copyrights or are subject to exclusion orders issued by the US International Trade Commission as it threatens the health and safety of American consumers and poses risks to our national interests.
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31,560 Shipments Were Seized by CBP in 2016 for ONE Reason

Last year, on a typical day the U.S. Customs and Border Protections (CBP) seized about $3.8 million worth of products because of Intellectual Property Rights (IPR) Violations. CBP reported that the total number of IPR seizures has increased nine (9) percent since last year, from 28,865 in 2015 to 31,560 in 2016. With the manufacturer’s suggested retail price (MSRP) exceeding $1.3 trillion.

What is Causing the Increase in Seizures?

Recordation of Trademark And Copyright With The CBP

In addition to registration of IPR with the U.S. Patent and Trademark Office (USPTO for trademarks), or the U.S. Copyright Office (for copyrights), owners can record said trademark or copyright with CBP. This additional step grants CBP additional enforcement power in both seizing counterfeit and piratical goods as well as thereafter issuing penalties for the MSRP value of the goods. In previous blog posts, we explained benefits of taking the extra step of recording your registered trademark or copyright with CBP, and CBP’s additional enforcement powers as a result of the recordations. […]

By |2021-11-09T13:57:57-05:00March 23, 2017|Counterfeits, Import, IPR, Trademarks and Logos, Seizures, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security (DHS)|Comments Off on 31,560 Shipments Were Seized by CBP in 2016 for ONE Reason

Learn about “The ABC’S of Customs Seizures – PLUS Top 10 Tips to Ensure Import Compliance” From the Expert!

INTERNATIONAL TRADE COMPLIANCE:  The ABC’S of Customs Seizures – PLUS Top 10 Tips to Ensure Import Compliance 

The DTL Team wants to ensure you are a compliant with U.S. federal regulations and laws when importing your goods from abroad! Here is your chance to learn directly from our Founder, Jennifer Diaz, about the “dos” and “don’ts” of importing.

On Wednesday, September 14th, 2016 from 1:00 pm to 2:00 pm, The Organization for Women in International Trade (OWIT) invites you to a Trade Talk Webinar Program on International Trade Compliance-Register NOW!

Did you know that In FY 2015, 28,865 seizures were for underlying Intellectual Property Rights (IPR) violations? The MSRP of the goods seized was $1,352,495,341! IPR enforcement is a priority trade initiative for U.S. Customs and Border Protection (CBP) and the detention and seizure process is a complicated one. If your merchandise is detained and/or seized, you have options. But more  Learn exactly how you should respond and more importantly how to avoid future problems with CBP.

This event is particularly important for: […]

Yet Another Reason to Record your Trademark or Copyright with U.S. Customs and Border Protection (CBP)

Co-Authored by Jennifer Diaz and Kristina Hernandez-Tilson, an attorney in Miami, Florida, practices in state and federal court, litigating matters of civil and administrative law. 

Whether you are importing goods to the United States, or are a U.S. trademarks or copyright owner, there is a new law on the books that should be of interest to you, the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), which was signed into law on February 24, 2016.  TFTEA, a bipartisan piece of legislation, is comprehensive in scope. In this Article, we will look specifically at Sections 302 through 311, the section on “Import-Related Protection of Intellectual Property Rights” (IPR). The TFTEA highlights the fact that CBP treats IPR as a priority trade initiative.

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“Fast Track” Bill Signed Into Law: Next Up Trans-Pacific Partnership

On Monday, President Obama signed Trade Promotion Authority (TPA) into law. TPA, also known as the “fast track” bill, was seen as a crucial component in solidifying the Trans-Pacific Partnership (TPP).  Although the re-authorization of TPA grants the President greater authority in his ability to negotiate and secure a trade deal–thus speeding up the TPP negotiation process–the TPP still has some tough negotiations ahead. However, the new authority Congress granted the President will now give him the power needed to ultimately conclude negotiations on the TPP.

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By |2021-11-09T14:45:27-05:00June 30, 2015|Export, Import, IPR, Trademarks and Logos, U.S. Federal Transit Administration (FTA)|Comments Off on “Fast Track” Bill Signed Into Law: Next Up Trans-Pacific Partnership

CBP Pilot Program Focuses on Pre-Compliance

CBP is currently taking volunteers for a brand new Intellectual Property Rights (IPR) voluntary pre-compliance program.  The Journal of Commerce reported on the new pilot program here.

Do you agree with my comments?

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By |2021-11-09T14:57:02-05:00October 13, 2014|Best Practices, Counterfeits, CTPAT, IPR, Trademarks and Logos, U.S. Customs and Border Protection (CBP)|Comments Off on CBP Pilot Program Focuses on Pre-Compliance
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