Intellectual Property Rights Archives - Page 12 of 13 - Customs & International Trade Law Firm

Florida Companies Convicted and Sentenced

In another example of the government’s continuing use of the criminal justice system to enforce international trade laws, three Florida companies and their management were recently convicted and sentenced for importing smuggled toys from China containing lead and containing counterfeit trademarks.

LM Import-Export, Inc., Lam’s Investment Corp., and LK Toys Corp., Hung Lam and Isabella Kit Yeung plead guilty to charges of conspiracy to traffic and smuggle toys containing hazardous substances such as lead, and one count of trafficking in counterfeit goods, in violation of 18 U.S.C. Secs. 371 and 2320, respectively. Co-defendant Yeung plead guilty to one misdemeanor count of submitting a false country of origin label, in violation of 19 U.S.C. Sec. 1304(a). The information, or charging document filed in court, against all defendants, as well as the plea agreements for each defendant can be found on the website of the District Court for the Southern District of Florida. (If you have trouble getting these documents, email me and I’d be happy to share them with you).
The facts underlying the charges, as stated in court documents, are that from April, 2000, until May 2011, a span of 11 years, the corporate defendants conspired to sell children’s products imported from China in violation of the Consumer Product Safety Act 15 U.S.C. Sec. 2068, and the Federal Hazardous Substances Act, 15 U.S.C. Sec. 1263. Some of […]

By Jennifer Diaz|2013-06-28T19:55:00-04:00June 28, 2013|Best Practices, Import, Intellectual Property Rights, penalty, Seizure, U.S. Consumer Product Safety Commission (CPSC), U.S. Customs and Border Protection (CBP)|0 Comments

Export Regulations and Cloud Computing…Beware!

Co Authored by Perry Sofferman

Forrester Research predicts that the global market for cloud computing services will have increased from $40.7 billion dollars in 2011 to approximately $241 billion dollars by 2020. You can see the ZDNet article here. This figure includes the Platforms as a Service, Infrastructure as a Service and Business Process as a Service delivery models. What this information reveals is that while cloud computing is already a significant part of operational strategy for many businesses (as well as governmental agencies), we should expect it to not only grow as a market but to become even more intertwined with the way we conduct business and store data on a daily basis. Consequently, businesses in general and export compliance officers in particular need to be vigilant and make sure that their use of this important technology is consistent with US export regulations.

When using cloud services, the user is uploading data to available servers in the cloud provider’s server facility(ies). The type of data uploaded and the location of the server where that data is stored can potentially trigger export compliance issues for the user. In fact, the ultimate location of the particular server used to hold the user’s data may be unknown to either the user or the cloud provider. Data can be redirected to various servers in different countries in order to properly allocate server space based on fluctuations of usage in different time zones. It should be noted that this is […]

By Jennifer Diaz|2013-05-28T15:31:00-04:00May 28, 2013|Export, Intellectual Property Rights, U.S. Bureau of Industry and Security (BIS), U.S. Directorate of Defense Trade Controls (DDTC), U.S. Office of Foreign Assets Control (OFAC)|0 Comments

Seizure Averted – Why a Customs Lawyer is Essential at Detention

Sitting with your head down moping about U.S. Customs and Border Protection (CBP) holding your goods is never the right answer!

Two days ago, a potential client called and explained that a valuable shipment was detained by CBP. The potential client asked if I could help recoup the goods from CBP, during this detention phase, or if they should wait.

When I get this question, I always want to scream, NOW!! This is the most essential time an importer has. Here’s the real question – do you want an expert in Customs law to assist you before your goods are guaranteed to be stuck in CBP for months, or work on getting them back for you NOW?!

I always request pertinent information about the commodity and the supposed rationale for the detention (if you don’t have this information yet, I help you get it). In this case, the potential client adamantly stated that the goods were legitimate, gray market goods; however, CBP was skeptical.

I advised the potential client that obtaining my services at this point would be the BEST option so I could clearly determine and explain to CBP the legitimacy of the merchandise and demand the release. After being hired, I immediately began working on the case due to the exigency of the circumstances. My tasks were to understand the basics of the commodity, learn […]

By Jennifer Diaz|2013-04-01T20:53:00-04:00April 1, 2013|Detention, Intellectual Property Rights, Seizure, U.S. Customs and Border Protection (CBP)|2 Comments

An International Business Masters: Success in a Borderless Economy

Rapidly advancing technologies offer businesses the chance to enjoy an international presence. In line with the increasing opportunities for businesses to conduct their affairs on a global scale, there is a growing demand for expertly qualified individuals who understand the intricacies of international business practices.

It is unlikely that a bachelors degree on its own will suffice to launch an executive level career in international trade. Although there are certain elements of business studied at an undergraduate level that will put a student in good stead for a future career in the field of international trade, the majority of recruiters will require applicants to be educated at a graduate level. A Masters in International Business offers a focused route to becoming the type of applicant that business leaders want to hire.

MBA/MIB courses in this area will typically include study of the core subjects involved in any masters program. Each college and university is different, but core subjects generally include such topics as financial reporting and analysis, the legalities of operating a business, and managerial economics. Following completion of requisite courses, students will move on to specialize in the various aspects of corporate management at an international level. These may include such subjects as international trade laws, global logistics, and foreign market investments. It is also likely that students will be expected to achieve competency in one or more foreign languages. Internships at companies based overseas may be offered.

Where to Study a Masters in International Business

Many business schools offer electives in the […]

By Jennifer Diaz|2022-07-08T15:54:29-04:00December 13, 2012|Intellectual Property Rights, International Business, International Law, International Trade|0 Comments

China Sourcing Fair – How to Solve U.S. Customs Issues When Importing From China

The rewards of sourcing from China are well known, but succeeding at it is far from simple. With a sluggish global economy resulting in unpredictable market changes, cost-effective sourcing is important.

To help you build or sharpen your China sourcing strategies, I am thrilled to be part of a new series of “How to Source from China” conferences at the China Sourcing Fair (July 10-12, Miami)!

The conferences are led by industry experts, and reveal real-life sourcing risks in China. We will share actionable knowledge at every step as the project moves from concept to delivery, and the conference will offer in-depth insights and practical tips on do’s and don’ts of China sourcing. Whether you’re a beginner or veteran buying professional, the FREE conference program is your chance to learn how to source efficiently and effectively from the “world’s factory”.

Register now to enhance your importing skills and knowledge today! Conference seats are limited and are on a first-come, first-served basis.

I will be speaking on “How to Solve U.S. Customs Issues When Importing From China”.

Intellectual property rights (IPRs) are a priority trade initiative for U.S. Customs. Most confiscated China imports violated US Customs’ IPR laws, which should serve as a reminder when buying from China.

In my seminar, we will look at ways of preventing and dealing with these issues. In particular, we will cover:

Trademark / copyright violations (What U.S. Customs looks for)
Top […]

By Jennifer Diaz|2019-08-26T20:00:17-04:00July 10, 2012|China, China Trade War, Import, Intellectual Property Rights, International Law, International Trade, Supply Chain, U.S. Customs and Border Protection (CBP)|0 Comments

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