CBP Publishes Intellectual Property Rights Enforcement Guide
On
March 31, 2011, U.S. Customs and Border Protection
(CBP) published an Intellectual Property Rights
Enforcement Guide. In it, CBP
identifies three ways intellectual property (IP)
owners can maximize protection of their IP
rights:
-
E-Recordation – establishing
an e-Recordation record provides CBP with
information necessary to determine when imported
goods infringe on legitimate IP owner’s rights;
-
E-Allegations – business and
rights owners are encouraged to submit
allegations of infringing shipments or conduct to
CBP. CBP uses this information to target these
acts and may refer cases for criminal
prosecution;
- Information Sharing – to proactively help CBP in making infringement determinations, rights owners should consider submitting product identification guides to CBP to be placed on CBP internal websites and linked to the E-Recordation system, and also providing product identification training to CBP personnel at ports of entry.