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US Customs to Seek IP Owners' Help With Suspected Fake Goods
Practical Law Legal Update 2-519-1442 (Approx. 3 pages)
US Customs to Seek IP Owners' Help With Suspected Fake Goods
by PLC Intellectual Property & Technology
| Published on 26 Apr 2012 • USA (National/Federal) |
The US Customs and Border Protection agency (CBP) announced that it will begin contacting IP owners when it stops suspected counterfeit goods at the border. The CBP's new approach reflects its desire to obtain trademark owners' assistance in determining whether goods are counterfeit or genuine. This type of assistance is needed as counterfeiting techniques have become extremely sophisticated, and counterfeit goods represent a serious threat both to consumers and the US economy.
The US Customs and Border Protection agency (CBP), the Department of the Treasury and the Department of Homeland Security announced on April 24, 2012 an interim rule in the Federal Register concerning the pre-seizure procedure for counterfeit goods. Under the interim rule, the CBP may disclose photographs and samples of suspected counterfeit goods, among other information, to trademark holders in an effort to detect counterfeit goods and trademarks found at the US border.
The information CBP may disclose to IP owners may further include:
- Retail packaging.
- Serial numbers.
- Universal product codes.
- Stock keeping unit numbers.
Over time, counterfeit goods and marks have become extremely sophisticated and increasingly difficult to identify as fake. While designer goods are often counterfeited, counterfeit goods can pose a serious threat to consumers' health and safety, particularly through counterfeit surgical products and electrical components.
Under the interim rule, importers may avoid disclosure by demonstrating to CBP that the detained merchandise does not bear a counterfeit mark within seven days.
The interim rule invites public comments, which must be submitted by June 25, 2012.