Practical Law The Journal is the award-winning magazine companion to Practical Law, covering a wide range of transactional, regulatory, and litigation topics. It publishes monthly in a digital-only format hosted on Reuters.com. Legal Current reached out to the Practical Law The Journal team to discuss what readers can look forward to in the September issue. …
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intellectual property
TRAINER: U.S.-China: “New” Commitments on Customs Enforcement of Intellectual Property
The recently signed U.S.-China Economic and Trade Agreement identifies a number of intellectual property obligations undertaken by China. Among these obligations, Article 1.20.1 identifies specific actions regarding counterfeit and pirated goods arising from a customs seizure and Article 1.21 generally describes China’s obligation to increase resources dedicated to border enforcement, including greater efforts to combat …
- January 27, 2020
- Jeff McCoy
TRAINER: Ecommerce and Counterfeits: A Fluid Enforcement Environment
Amazon attracted headlines on Jan. 14 when Reuters reported that Amazon plans to share data about counterfeit goods with law enforcement. The report stated that Amazon, an ecommerce and technology company, may begin sharing merchant and company names, product and contact information after Amazon confirms the sale of fakes. Ecommerce in the U.S. is big …
- January 24, 2020
- Jeff McCoy
TRAINER: Legislation Seeks to Expand US IPR Border Enforcement Authority
Senate Bill 2987 (S. 2987) was introduced on Dec. 5, 2019, with the aim of giving U.S. Customs and Border Protection (CBP) the authority to seize imported items that infringe design patents. In view of CBP’s existing legal authority to protect trademarks and copyrights on its own initiative, i.e., ex officio, S. 2987’s intent is …
- January 8, 2020
- Jeff McCoy
E-Commerce’s Counterfeit Threat and the Search for Solutions
The U.S. Senate Finance Committee (SFC) issued its “The Fight Against Fakes” report on Nov. 7, 2019. To some extent, the report repeats what the intellectual property (IP) stakeholder community is familiar with regarding the extent of the problem. The SFC report notes the previously published estimate of international trade in fakes at $509 billion. …
- November 15, 2019
- Jeff McCoy
Counterfeit Goods: Challenging Europe’s Customs Administrations
The European Commission (EC) released a report on September 19, detailing the intellectual property (IP) enforcement efforts of the European Union’s 28 member state customs administrations. The EC report of seized IP infringing goods at the European Union’s border points to China and Hong Kong as the country of origin for 60% of the seized …
- September 24, 2019
- Jeff McCoy
Trainer: Fighting Counterfeits: Enforcement Isn’t Enough
Intellectual property rights (IPR) owners whose products or services have gained any level of success in the marketplace have likely experienced counterfeit/fake versions of their products or services. As a result, a legion of lawyers, private investigators and other representatives of owners have fanned out to all parts of the world to combat counterfeits. In …
- June 14, 2019
- Jeff McCoy
Fighting Counterfeit and Pirated Goods Now A US Federal Law Enforcement Priority
The White House issued a memorandum on April 3, 2019, noting that the consuming public is being subjected to the dangers posed by counterfeit and pirated goods that are imported and placed in the stream of commerce. The memorandum focuses on the role of online third-party marketplaces and third-party intermediaries that facilitate the trade in …
- April 5, 2019
- Jeff McCoy
Intellectual Property in Trade Agreements and Responsibility
The Trade Subcommittee of the House Ways and Means Committee held a hearing on March 26, 2019, on the topic of Trade and Labor. In his opening remarks, the Subcommittee chairman, Rep. Earl Blumenauer noted, “our serial failure to adequately enforce trade agreements.” Although intellectual property rights (IPR) was not the focal point of the …
- March 29, 2019
- Jeff McCoy
US-Mexico-Canada Agreement: Raising Standards to Combat Counterfeit and Pirated Goods
The U.S. released the text of the U.S.-Mexico-Canada Agreement (USMCA) on October 1, a newly proposed trade agreement intended to replace NAFTA, that includes intellectual property provisions that strengthen enforcement. The international trade in goods that infringe trademarks and copyrights has been targeted for decades due to the growing threat infringing goods pose to public …
- October 4, 2018
- Alex Cook