The following article describes regulations on the treament of imports and CBP’s inspection and enforcement efforts; and includes practives for independent electronic component distributors to consider…
Counterfeit electronic components in the supply chain—avoiding and coping with U.S. customs detention and seizure
Richard C. Katz, Snell & Wilmer
After my wife and I visited the Museum of Fine Arts in Boston to see the “Samurai” exhibit this past week, my son suggested that standards may have been needed to detect counterfeit silk lace used in samurai armor. This comical interchange prompted some casual research into how our ancestors dealt with the the counterfeiting problem. I found information worth considering today for applying penalties associated with counterfeiting or altering various authentication and provenance tracking schemes in addition to penalties for counterfeiting the goods themselves.
In accordance with the Privacy Act of 1974, the Department of Homeland Security, U.S. Customs and Border Protection proposes to establish a new system of records titled, “U.S. Customs and Border Protection, DHS/CBP-004-Intellectual Property Rights e-Recordation and Search Systems System of Records.” This system of records allows the Department and CBP to collect and maintain records on copyrights, trademarks, and trade names that the respective owners have applied to have recorded with CBP. … The cited sections provide that intellectual property rights owners may submit information to CBP to enable CBP officials to identify infringing articles at the borders and prevent the importation of counterfeit or pirated merchandise. …
More at Federal Register.
See docket DHS-2012-0034 at Regulations.gov.
WASHINGTON, DC– Today, Congressman Ted Poe (R-TX) and Congresswoman Zoe Lofgren (D-CA) along with Rep. Steve Chabot (R-OH), Rep. Buck McKeon (R-CA), Rep. Michael McCaul (R-TX), Rep. Linda Sanchez (D-CA), and Rep. Bill Keating(D-MA) introduced H.R. 22 the bipartisan Foreign Counterfeit Merchandise Prevention Act. The legislation allows Customs and Border Protection (CBP) to exchange important identifying information with intellectual property rights holders in order to identify and catch counterfeit merchandise before it enters the U.S. market.
More @ ”POE AND LOFGREN INTRODUCE BILL TO ENFORCE IP RIGHTS AND PROTECT AMERICAN INGENUITY“.
Text of legislation @ GPO
On Tuesday 24 April 2012, U.S. Customs and Border Protection published in the Federal Register an Intellectual Property Rights Interim Final Rule (IFR) which amends regulations to allow CBP to disclose to an intellectual property rights holder, information appearing on merchandise or its retail packaging that may comprise information otherwise protected by the Trade Secrets Act, for the purpose of assisting CBP in determining whether the merchandise bears a counterfeit mark (docket ID USCBP 2012-0011). This IFR is in direct response to Section 818(g) of the FY2012 NDAA.
WASHINGTON, D.C. – Congressman Michael McCaul (R-TX), Chairman of the Homeland Security Oversight & Investigations Subcommittee, introduced legislation Wednesday to stop the flow of more than one million counterfeit microchips into the United States, primarily made in China, that pose a risk to our military and sensitive computer networks. Congressman Buck McKeon (R-CA), Chairman of the House Armed Services Committee, and Congressman Bill Keating (D-MA), Ranking Member on Homeland Oversight, are original co-sponsors.
UPDATE 6/26/2012:
H.R.6012 – To authorize the Secretary of Homeland Security to provide to owners of certain intellectual property rights information on, and unredacted samples and images of, semiconductor chip products suspected of being imported in violation of the rights of the owner of a registered mark or the owner of a mask work. as introduced.
New industry standards have been created to provide uniform requirements, best practices and methods to mitigate the risks of receiving and installing counterfeit electronic parts. Use of industry standards, however, will not reduce the significant and increasing volume of counterfeit electronic parts entering the DOD supply chain. Subject matter experts agree that the Intellectual Property (IP) rights holder is best qualified to determine if a product is authentic or not. US Customs and Border Protection (CBP) must have the authority to consult IP and trademark rights holders (e.g., Original Component Manufacturers) for assistance in determining whether or not imported goods are authentic.
