Import

Secure Proactive Monitoring and Enforcement of Your IP Rights Through CBP’s Recordation Program

Do you have a trademark or copyright filed with the United States Patent and Trade Office (USPTO)? While registering your intellectual property (IP) with the U.S. government is necessary to protect against infringers, it is only half the battle. IP owners need to have robust monitoring processes in place to find and enforce against infringers. Fortunately, U.S. Customs and Border Protection (CBP) can help you monitor for infringing merchandise at ports of entry through the CBP recordation program.

What is CBP Recordation? 

The purpose of recording a copyright or trademark with CBP is to partner with the agency to prevent the unauthorized import or export of merchandise which bears a recorded trademark or copyright. CBP has the authority to seize, detain, forfeit, and even destroy merchandise entering or leaving the U.S. if it infringes on a valid trademark or copyright that has been subsequently recorded with the agency.

Once a trademark or copyright is recorded with CBP, the owner’s information is entered into an electronic database accessible to over 60,000 U.S. Customs officers in the United States and overseas. CBP uses the information to target shipments and physically examine merchandise which ultimately prevents the importation or exportation of infringing goods. As of 2021, the number of active recordations with CBP is 20,756.

Gray Market Protection

Some IP owners may also be eligible for “gray market” protection, which pertains to genuine products bearing a trademark or brand name approved for use in a country outside the U.S. Gray market goods are different […]

By |2023-08-30T16:43:01-04:00August 7, 2023|Import, Intellectual Property Rights|0 Comments

New Court Rulings on Marijuana-Related Paraphernalia: Understanding the Impact on Importers

The marijuana industry is rapidly growing, with more and more states legalizing its use for medical and/or recreational purposes. With this growth, there is an increase in the importation of products such as grinders, storage containers, rolling paper, pipes, and vape pens, both for business and personal use. More businesses are asking why there is an issue importing such items when they only intend to sell and distribute within the many states where marijuana is legal for medical or recreational use and have established their regulations for marijuana-related products. It is still essential to remember, while many states have legalized marijuana for medical or recreational use, marijuana remains illegal under federal law. 

This blog will address recent Court of International Trade (CIT) cases on this very topic and will be a part 2 to our previous blog covering U.S. Customs and Border Protection (CBP) seizures of drug paraphernalia 

CBP Authority 

CBP has the power to seize “drug paraphernalia” products.  This does not only cover importations of products for commercial use, but also items for personal use with individuals traveling internationally seeking entry into the United States.  CBP’s website section: Know Before You Go – Prohibited and Restricted Items encourages individuals to contact CBP prior to traveling and make sure that prohibited or restricted items, such as drug paraphernalia, are not brought into the country, as they are not only subject to seizure pursuant to […]

CBP Publishes Additional Guidance On Responding to Cargo Detentions Made Under the Uyghur Forced Labor Prevention Act

Background

The Uyghur Forced Labor Prevention Act (“UFLPA”) went into effect on June 21, 2022. The law creates a rebuttable presumption that imports of all goods mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of China (“Xinjiang”), or by entities identified on the UFLPA Entity List, were made using forced labor and are prohibited from entry into the U.S. under 19 U.S.C. § 1307. For more information about the UFLPA, please see our previous blog articles here and here. U.S. Customs and Border Protection (“CBP”) has been vigorously enforcing this law, detaining hundreds of attempted import shipments every month under both the UFLPA and Withhold Release Orders for suspected forced labor violations.

Importers that have a shipment detained under the UFLPA can seek to have the shipment released under one of two paths. They can either:

  • show that in spite of the fact that the goods were produced wholly or partially in Xinjiang or by an entity on the UFLPA Entity List, they were not in fact made using forced labor; or
  • show that neither the goods nor the inputs used to make the goods were produced wholly or partially in Xinjiang and have no connection to entities on the UFLPA Entity List (i.e., that the goods fall outside the scope of the UFLPA).

Taking the second path means requesting an “admissibility review.”

Last year, pursuant to the UFLPA, the Department of Homeland Security published a Strategy to Prevent the Importation of Goods Mined, […]

Customs and Trade Law Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

 

 

 

 

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Customs and Trade Law Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

 

 

 

 

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