CBP Publishes Joint-EU Brochure and Web Toolkit for Trademark, Copyright Owners

On October 1, 2009, Customs and Border Protection (CBP) announced on its website the joint development with the European Union of a brochure and web toolkit to assist trademark and copyright onwers in preparing information to help U.S. and EU customs agencies determine whether goods are counterfeit or pirated.

The U.S.-EU
brochure titled “Protecting Intellectual Property Rights at Our Borders” is a brochure of basic information for trademark and copyright owners on working with customs officials in the U.S. and the EU. It provides information on how trademark/copyright owners can protect themselves from the global problem of counterfeiting and piracy. Suggested protection includes the registration and recording of IPR, product identification training guides, and sharing of intelligence on suspect shipments.

The joint customs web toolkit provides
a single set of guidelines for trademark and copyright owners to design web-based product to determine whether goods are counterfeit or pirated. These toolkits provide information to customs officials to assist them in determining whether suspect shipments are counterfeit or pirated.

Other joint projects include Operation Infrastructure, the first joint IPR border enforcement operation undertaken by U.S. and EU customs authorities. CBP states that the operation fulfilled a key deliverable of the U.S.-EU IPR Action Strategy. Targeting semiconductors and network hardware, the operation ran from November 26, 2007 through December 14, 2007, and resulted in the seizures of more than 360,000 counterfeit integrated circuits and computer network components bearing more than 40 different companies’ trademarks. Officials are continuing discussions on future joint operations.

Applications for EU Duty Suspensions Due Mid-July

Are you importing products into the EU and paying duties? It may be possible to have the duties suspended on a particular product if the EU Commission approves your application for duty suspension. The EU Commission will allow the suspension of customs duties to companies that apply for the relief on the basis of a valid economic argument as to why the import of duty-suspended goods will benefit and stimulate economic activity in the EU Community.

The EU Commission accepts duty suspension applications twice annually. The application process itself takes 12 months to complete. The current deadline for duty suspension applications is July 25, 2008 for applications that would take effect on July 1, 2009.

All current duty suspensions are listed by the EU Commission by EU Regulation. Normally, if a company succeeds in getting a duty suspension on a product, it remains on the list unless an objection is lodged at some point in the future.

Duty suspensions will
not be granted where:

  • Identical, equivalent or substitute products are manufactured in sufficient quantities within the Community
  • The goods in question are finished products intended for sale to end-consumers without further substantial processing or without forming an integral part of a bigger final product for whose functioning they are necessary
  • The goods are covered by an exclusive trading agreement
  • A suspension would entail a conflict with any other Community policy
  • Uncollected customs duties of the goods in question is estimated to be less than ECU 20,000 per year
Many multinational companies have been seeking duty suspensions of late. It appears this is due to: the fact that PCC and IP customs economic procedures (similar to special trade programs in the U.S.) are proving time consuming to administer, create risk if not done correctly, and put a company of Customs' radar re: audits, etc. Duty suspensions, if granted, operate by assigning a unique ten-digit code at import and no additional compliance is required thereafter.

If you are interested in learning more about obtaining a duty suspension in the EU, please contact Global Trade Expertise or Eamonn Flood (eamonn@crannaghtrade.eu) or Carol Lynch (carol.lynch@crannaghtrade.eu) of Crannagh & Co. (www.crannaghtrade.eu).

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