International Trade and Customs

By: Susan Kohn Ross
Mitchell Silberberg & Knupp LLP (Los Angeles, California, USA)

In the April 24, 2012, Federal Register, Customs & Border Protection (CBP) published new rules governing how it will process goods thought to bear counterfeit marks; see CBP IP Enforcement Disclosure. Responsible for the enforcement of intellectual property rights laws

and regulations at the border, CBP is making changes to Subpart C of Part 133 of the CBP regulations regarding 1) the detention of suspect merchandise; 2) the disclosure of information to right holders during detention of suspect goods; 3) expanding the definition of “counterfeit trademark” to “counterfeit mark” under the regulation; and 4) the length of time goods suspected of being counterfeit may be detained. The goal of these changes is to enhance CBP’s capability to interdict increasingly sophisticated counterfeit products that threaten national security and public health and safety. Click here to read entire article.