Category Archives: Duties of Importers

Donations of Technology and Support Services to Enforce Intellectual Property Rights

This document proposes amendments to the U.S. Customs and Border Protection (CBP) regulations pertaining to the enforcement of intellectual property rights. Specifically, CBP is proposing amendments to implement a section of the Trade Facilitation and Trade Enforcement Act of 2015 which requires CBP to prescribe regulatory procedures for the donation of technologies, training, or other support services for the purpose of assisting CBP in intellectual property enforcement. The proposed regulations would enhance CBP’s intellectual property rights enforcement capabilities. …

More at Federal Register

Obama to Sign Bill Combating Counterfeit Chips – EE Times

U.S. President Barak Obama indicated Thursday (Feb. 11) that he will sign into law a customs bill passed by the U.S. Senate that includes a provision to combat counterfeit semiconductors….

More at EE Times

China’s counterfeiters aided by Western firms’ weak response – Herald-Whig –

” Many firms treat counterfeiting as a minor cost of doing business in China. Few spend the money required to tackle the powerful, hidden networks that drive China’s multibillion-dollar counterfeiting juggernaut. The failure of major Western brands to better manage fraud is not just a waste of money. It also makes it easier for potentially dangerous fakes to slip into global supply chains, and creates more work for U.S. Customs and Border Protection. ”

More at Herald-Whig

 

Disclosure of Information for Certain Intellectual Property Rights Enforced at the Border – Federal Register

This document adopts as a final rule, with changes, interim amendments to the U.S. Customs and Border Protection (CBP) regulations pertaining to importations of merchandise bearing suspected counterfeit trademarks or trade names that are recorded with CBP. …

Disclosure of Information for Certain Intellectual Property Rights Enforced at the Border

Federal Register: Agency Information Collection Activities — Allegation of Counterfeiting and Intellectual Piracy

The Department of Homeland Security, U.S. Immigration and Customs Enforcement (USICE), is submitting the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995.
Continue reading

Court Decision Expands Scope of Customs Penalty Provisions for Individuals Who ‘Introduce’ Goods into US Commerce

The following article is one of many ‘alerts’ describing a recent court decision that could have significant impact on “the trade community, compliance officers, business owners, and others”.

Compliance Officers Beware: Court Decision Expands Scope of Customs Penalty Provisions for Individuals Who ‘Introduce’ Goods into US Commerce (Arent Fox, 22 Sep 2014)

The author advises …

“Importers will also have to consider how to address the potential effect of this decision in other customs proceedings, such as customs enforcement actions and focused assessments (audits), and the implications under other laws, such as the False Claims Act (FCA).”

Executive Order on Streamlining the Export/Import Process for America’s Businesses

From the U.S. Intellectual Property Enforcement Coordinator … 

Earlier today [19 February], President Obama issued an Executive Order on Streamlining the Export/Import Process for America’s Businesses. As described more fully below, today’s Executive Order is an important component of the Administration’s 21st century trade agenda.  Continue reading

SIA Anti-Counterfeiting Task Force White Paper – Winning the Battle Against Counterfeit Semiconductor Products (August 2013)

The SIA Anti-Counterfeiting Task Force (ACTF) recently published a comprehensive white paper on the counterfeit semiconductor threat …

Winning the Battle Against Counterfeit Semiconductor Products (August 2013)

This white paper includes a number of themes familiar to those who have been following the SIA ACTF’s work, e.g. “buying in-production semiconductor products from OCMs and their Authorized Distributors, and buying legacy products from OCM’s Authorized Aftermarket Distributors/Manufacturers.”

This white paper also includes discussion concerning the potential quality and reliability issues associated with counterfeit parts and the significant challenges to authenticating parts acquired from the open market …

“…authentication determinations on suspect components are difficult to make and are often erroneous. Consequently, most counterfeit mitigation programs will not be effective unless they require that component purchases be exclusively through authorized sources. …”

“… Various standards, including SAE AS5553 and IDEA-STD-1010, provide detailed guidelines on identifying counterfeit components. … these standards are generally ineffective for identifying the latest forms of counterfeiting.  …”

“… no suite of test methods, even if conducted on 100% of suspect units, can provide full assurance that products are authentic and reliable. …”

More at www.semiconductors.org

An Interesting Precedent Concerning Unauthorized Copying and Distribution of a Prominent Presidential Portrait

My wife and I love antiques and their connections to history. While exploring her love for 18th century Chinese export porcelain, my wife found the following article describing how Gilbert Stuart attempted to protect his intellectual property rights by pursuing the prosecution of an importer of china trade goods. …

The Many Faces of George Washington
Milton Esterow, editor and publisher
ARTnews, October 2009

Another article by the Pennsylvania Historical Society includes transcripts of legal documents describing false certifications, unauthorized production, and international prosecutions. …

China Trade Portraits of Washington After Stuart
E. P. Richardson
Pennsylvania Magazine of History and Biography, vol.94, issue 1, January 1970

Counterfeit electronic components in the supply chain – avoiding and coping with U.S. customs detention and seizure — Richard C. Katz, Snell & Wilmer

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