Protect Your Trademark or Copyright from Imitation Imports: Customs and Border Protection Issues Revised Guidance on The Enforcement of Intellectual Property Rights


Summary of Revised Guidelines

United States Customs and Border Protection (“CBP”) is authorized to exclude from entry, detain and/or seize goods that infringe U.S. intellectual property rights. U.S. registered trademarks and copyrights must be recorded with CBP in order to receive full CBP protection. Goods that infringe U.S. patents are enforced by CBP only pursuant to an order by the U.S. International Trade Commission ("ITC") after a determination has been made under Section 337 of the Tariff Act of 1930, as amended.

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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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