Preparing For CBP's New IP Enforcement Plan

Law360, New York (June 1, 2012, 12:49 PM EDT) -- In the April 24, 2012, Federal Register, U.S. Customs and Border Protection published new rules governing how it will process goods thought to bear counterfeit marks; see CBP IP Enforcement Disclosure. Responsible for the enforcement of intellectual property rights laws and regulations at the border, CBP is making changes to Subpart C of Part 133 of the CBP regulations regarding (1) the detention of suspect merchandise; (2) the disclosure of information to right holders during detention of suspect goods; (3) expanding the definition of "counterfeit trademark" to "counterfeit mark" under the regulation; and (4) the length of time goods suspected of being counterfeit may be detained. The goal of these changes is to enhance CBP's capability to interdict increasingly sophisticated counterfeit products that threaten national security and public health and safety....

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