November 2009

U.S. Customs – Your Personal Policeman at the Border

Many companies mistakenly believe that registering a trademark or copyright with the U.S. Government provides sufficient protection and remedies, and, therefore, do not take the extra step to record those trademarks or copyrights with U.S. Customs and Border Protection (U.S. Customs).

The processes achieve two completely different goals.

Registering a trademark with the U.S. Patent and Trademark Office (USPTO) or copyright with the U.S. Copyright Office gives public notice of one’s ownership of the trademark or copyright. On the other hand, the purpose of recording a trademark or copyright with U.S. Customs is to partner with the agency in preventing the unauthorized importation of merchandise that bears a recorded trademark or copyright. U.S. Customs prevents counterfeit and otherwise infringing products from entering or exiting the United States for registered trademark or copyright holders who have recorded their trademarks or copyrights with Customs.

U.S. Customs officials may detect infringing merchandise at the time of entry into the United States. When a trademark or copyright is recorded with Customs, the information is entered into an electronic database accessible to U.S. Customs officers around the world. U.S. Customs uses this information to target suspect shipments for the purpose of physically examining merchandise which ultimately prevents the importation or exportation of infringing goods.

Advantages to Recording a Trademark or Copyright with Customs

The first and most obvious advantage to recording a trademark or copyright with […]

FDA’s PREDICT is Coming!

Beware, FDA will soon have a system to track your performance!

FDA will implement PREDICT (Predictive Risk-based Evaluation for Dynamic Import Compliance Targeting and Import Trade Auxiliary Communications System).  Although this is likely the longest acronym known to man, I am looking forward to this new system replace OASIS. 

PREDICT will be FDA’s system to target higher risk shipments, and will keep track of importers compliance.  PREDICT will make it essential for importers to cooperate with brokers in advance, and utilize the “Affirmation of Compliance” section on customs entry forms — which helps provide to FDA a quick mechanism to prove that you are compliant with FDA regulations.

FDA has many outreach events scheduled to get the word out about the new changes coming with PREDICT.  The Florida Customs Brokers and Freight Forwarders (FCBF) is assisting to get the word out and has outreach events in Tampa and Miami.

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