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Protecting Your Intellectual Property Internationally

Do you sell products in multiple countries? How are you assuring your intellectual property is protected? Do you know about “Foreign Patent Applications” or “PCT’s”? If not, you may not be adequately protecting your intellectual property abroad!

When you sell your product in multiple countries you are vulnerable to other companies stealing your idea and reproducing your intellectual property as their own.

How do you protect yourself?

To protect your business from being taken advantage of you may consider filing a foreign patent application. You may ask, what’s a foreign patent application? It’s a request at a foreign patent office for the grant of a patent for the invention described and claimed by that application. An application typically consists of a description of the invention, together with official forms and correspondence relating to the application.

Foreign patent protection will prevent others from profiting from your idea abroad. Many countries allow you to claim priority from your U.S. application. For utility patents you can file with priority status within one year of your original filing date in the U.S. under the Paris Convention, or six months from your original filing date for design patent applications. A utility patent protects the functional […]

By Jennifer Diaz|2022-07-08T15:56:51-04:00January 12, 2013|Best Practices, IPR, Trademarks and Logos|1 Comment

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

Your Chance to Meet Some of CBP’s TOP Officials

Have you met CBP’s Chief Operating Officer, Thomas Winkowski (pictured left)? How about the Director of Field Operations in Miami, Vernon Foret? Or, CBP’s Senior Advisor for Private Sector Engagement, Maria Luisa O’Connell?

Start thinking of what questions you have for CBP, because you’ll have the chance to meet them this month.

Assistant Commissioner Al Gina recently shared his thoughts on CBP’s Priority Trade Initiatives with NCBFAA. See them here. The seven hot topics are:

Role of the Broker;
ACE,The agency’s automated cargo processing system;
The Centers of Excellence and Expertise,
Simplified Entry-Air Cargo Advanced Screening,
Trusted trade partnerships;
Trade intelligence, and
One U.S. Government at the Border.

Here’s your chance to ask questions about CBP’s progress with implementation of its priorities. I for one want to hear CBP’s progress in ensuring the Centers of Excellence are yielding a more uniform decision making process for CBP at all ports of entry.

You are invited to attend a round table discussion on U.S. Customs and Border Protection’s (CBP) trade transformation initiatives. This meeting will provide a great opportunity to have an open discussion with Chief Operating Officer, Thomas Winkowski; Director of Field Operations (Miami) Vernon Foret; and Senior Advisor for Private Sector Engagement, Maria Luisa O’Connell. There will be two meetings held at different times, on October 24, 2012, but will contain the same information.
Due to limited seating, CBP requests that only ONE representative from each company sign up for […]

By Jennifer Diaz|2012-10-15T13:53:00-04:00October 15, 2012|Import, International Trade, U.S. Customs and Border Protection (CBP)|0 Comments

FDA Biennial Registration is Up and Running

Biennial Registration Renewal for Food Facilities is now available, as of October 22, 2012.

Here’s what you need to know about FDA’s new FSMA requirement on Bioterrorism Act registrations. Owners, operators, or agents in charge of domestic or foreign facilities that manufacture/process, pack, or hold food for consumption in the U.S. are required to register the facility with the FDA.

The Food Safety Modernization Act of 2011 (FSMA) has for the first time, specifically put the onus on importers to have a program to verify that the food products they are bringing into this country are safe. The idea behind FSMA is to change FDA regulatory enforcement and focus to more of a preventative approach, instead of reactionary. These new requirements include risk-based controls, foreign supplier verification program, certification, and audits. A brief overview of the requirements may be found here.

I’ve summarized the requirements relevant to your Bioterrorism Act Registration below, so you can be sure your registration doesn’t lapse. If your not re-registered by December 2012, FDA will cancel your Bioterrorism Act registration and your importations will be delayed.

New Biennial Registration Requirements
FSMA amended the Food, Drug & Cosmetic Act (FD&C Act) Section 415 to provide for biennial registration updates. Facilities which are required to register will have to re-register every 2 years, during the period beginning on October 1 (in this case, October 22) and ending on December 31 in even numbered years. This will first occur in October-December 2012.

Note that even facilities which are already registered with the FDA are still […]

By Jennifer Diaz|2022-07-08T15:52:37-04:00October 8, 2012|FDA Issues, Pre-compliance, U.S. Food and Drug Administration (FDA)|0 Comments

Why all the guesswork?

There are so many questions, with an even greater amount of potential answers when importing goods into the United States. What is the HTS classification? Are the product labels marked correctly for entry? What is the product’s country of origin? Should the product receive NAFTA, DR-CAFTA, GSP or some other duty-free treatment? What is more important is that the answers to these questions mean real money! For example, if the product you are importing is eligible for duty-free treatment, it could mean the difference between paying a double-digit tariff versus none at all.

Answering these questions is not always so simple, and are often subject to interpretation. An importer could assume that their own guesses are correct, but, taking that leap places in jeopardy the profitability of the venture, especially as profit margins become ever so tight. What’s worse is that a wrong guess could potentially subject the company to fines if Customs and Border Protection (CBP) simply does not agree with the interpretation you have used in the past. CBP statute of limitations is five years – that translates into a multitude of entries potentially subjected to CBP fines if you have been guessing wrong.

How do you eliminate the guesswork? Submit a Binding Ruling Request! Put simply, a Binding Ruling Request is an official request to CBP that includes relevant information, and often a sample of the product, for CBP to review and respond as to the following:

(1)          HTS Classification
(2)          Marking/Labels Ruling
(3)          Country of Origin Determination
(4)          Valuation Rulings
(5)          Applicability of […]

By Jennifer Diaz|2022-07-08T15:52:56-04:00October 3, 2012|Import, NAFTA, U.S. Customs and Border Protection (CBP)|0 Comments

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