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 …
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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 …
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 …
Intellectual Property and the Escalating US-China “Trade War”
In August of 2017, the Trump Administration began the Section 301 investigation into China’s laws, policies, practices and actions that have had harmful effects on U.S. intellectual property. On March 22, the results of that investigation were released, and soon after, the administration indicated that the U.S. will impose tariffs amounting to tens of billions …
A Step Forward on CPTPP & IPR Border Enforcement
The U.S. withdrew from the Trans-Pacific Partnership (TPP) trade agreement shortly after the Trump Administration came to power. As a result, the TPP is now known as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), with the 11 remaining governments having signed the agreement. What does this shift mean for the intellectual property provisions …
New Customs & Border Protection Announcements on IPR: Clarifying or Confusing?
U.S. Customs and Border Protection (CBP) issued a press release on February 15, 2018, stating that it had entered into a first of its kind arrangement with Procter & Gamble (P&G) where the company will donate testing devices to CBP that will enable officers to verify the authenticity of P&G products and detect counterfeit goods. …
