CBP Adds a New Tool to its Anti-Counterfeit Arsenal: New Rule Brings IP Rights Holders into Pre-seizure Investigative Process


Tuesday, April 24, 2012, U.S. Customs and Border Protection (“CBP”) issued a new Interim Rule that, effective immediately, enhances the effectiveness of its anti-counterfeit operations. 77 Fed. Reg. 24,375. The rule amends 19 C.F.R. Part 133 and authorizes CBP field agents, subject to certain limitations, to share information with Intellectual Property (“IP”) rights holders in order to assist CBP in determining whether merchandise bears a “counterfeit mark.” The revisions also include a clarification to CBP’s definition of “counterfeit trademark” for consistency in enforcement.

Do These Changes Remedy the Challenges You’ve Been Facing?

The Interim Rule, which for many importers fighting against imported counterfeit products has been a long time coming, is open for comment until June 25, 2012. If you are an importer or an IP rights holder struggling against the ever-more sophisticated techniques of the counterfeit market, it is important to ensure that CBP’s Rule works for you.

Please see full alert below for more information.

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Published In: Administrative Agency Updates, Civil Remedies Updates, Intellectual Property Updates, International Trade Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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