It is a common misconception, particularly among multinational businesses, that the European design protection system is nearly identical to the design patent system in the United States. In fact, this is not the case: The EU...more
Consumers are doing more and more shopping online. But when a consumer buys a product that is defective or counterfeit, are online marketplaces liable for misconduct by third-party sellers? E-commerce platforms have...more
On January 7, 2020, the National Aeronautics and Space Administration (“NASA”) published a proposed rule seeking to amend the NASA Federal Regulation Supplement regarding counterfeit electronic parts. The proposed rule would...more
Federal contractors already subject to a myriad of reporting requirements should be prepared for yet another. Effective December 23, 2019, a new Federal Acquisition Regulation (“FAR”) provision entitled “Reporting of...more
A new Federal Acquisition Regulation (FAR), "Reporting of Nonconforming Items to the Government Industry Data Exchange Program," will become effective on December 23, 2019. The new FAR provision (FAR 46.317) and clause (FAR...more
Supply chain risks are on the rise. Protecting the supply chain is a critical aspect of our national security, health and public safety. Whether parts are electronic or not, if they aren’t what they are represented to be,...more
In the past several years, there has been an ongoing focus on avoiding and detecting counterfeit parts, culminating in the issuance of new DFARS sections and contract clauses in May 2014 concerning Contractors’ Counterfeit...more
On August 2, 2016, the Department of Defense (“DOD”) rolled out new requirements for defense contractors that provide electronic parts and assemblies containing electronic parts. The new rules impose significant risks on DOD...more
On, August 2, 2016, the U.S. Department of Defense (DoD) issued a Final Rule aimed at detecting and avoiding counterfeit electronic parts in the DoD supply chain. The Final Rule – the latest in a series of recent rules aimed...more
SMALL BUSINESS ADMINISTRATION - Small Business Mentor-Protégé Programs - The SBA is amending its regulations to the HUBZone Program. The amendments: (1) authorize Native Hawaiian Organizations (“NHO”) to own...more
The Department of Defense (“DoD”) recently proposed to make specified costs allowable that are associated with discovering and correcting counterfeit or suspect counterfeit electronic parts. DoD’s proposed rule would amend...more
The global market for all counterfeit items is booming, with the value of goods seized by U.S. Customs and Border Protection in fiscal year 2014 exceeding $1.2 billion. Moreover, the U.S. Department of Homeland Security...more
You may have heard about DFARS 252.246-7007, Contractor Counterfeit Electronic Part Detection and Avoidance System, also known as the “Counterfeit Parts Rule.” The rule requires contractors who provide electronic parts to the...more
It has long been a goal of the Federal government to eliminate counterfeit parts—parts of unknown (and likely false) origin and uncertain reliability—from the procurement supply chain. But these efforts have picked up pace...more