CBP Enforcement of Intellectual Property
CBP Enforcement of Intellectual Property
CBP Enforcement of Intellectual Property: Trademarks, Copyrights & Patents
What are Intellectual Property Rights?
Under U.S. law, a trademark is defined as a word, name, symbol, device, color or combination thereof used to identify and distinguish goods from those manufactured or sold by others and to indicate the origin and source of goods, even if that source is unknown. CBP protects trademarks which are registered on the principal register of the United States Patent and Trademark Office. Registration of a trademark covers a specific class or classes of goods, and a registration granted on or after November 16, 1989, lasts for a period of ten years and is renewable. CBP’s border enforcement of trademarks is primarily concentrated on marks that have been recorded with the agency.
A trade name is the name under which a company does business. Trade names are not registered with the U.S. Patent and Trademark Office but may be recorded with CBP if the name has been used to identify a trade or manufacturer for at least six months. Notice of tentative recordation of a trade name shall be published in the Federal Register and the Customs Bulletin and Decisions (Customs Bulletin) to provide notice to the public and give interested parties an opportunity to oppose the recordation.
In-Depth Coverage: Marketing and Advertising Compliance
- Federal Trade Commission (FTC) Advertising Rules
- Made in USA Standard
- FTC Regulation on Environmental Claims
- Adverting and Marketing on the Internet
- Label Claims for Conventional Foods and Dietary Supplements
- Dietary Supplement Advertising: What is FTC's Truth-in-Advertising Law?
- USDA Country of Origin Labeling (COOL)
- FTC Rules & Regulations on Food Advertisement
A copyright is a form of intellectual property that protects “original works of authorship,” which include literary, dramatic, musical, artistic, pictorial, graphic and sculptural works, motion pictures and other audio visual works, sound recordings, and architectural works. Copyright protection for U.S. works commences the moment the work is fixed in any tangible medium of expression, and extends only to the expression of ideas — words, pictures, and sounds — but not to the ideas themselves.
The term of copyright protection for current U.S. works created by an individual is the life of the author plus 70 years. If the work is anonymous or made for hire, copyright protection lasts 95 years from first publication or 120 years from its creation, whichever expires first. Thereafter, the work enters the public domain and may be freely used by anyone. CBP’s border enforcement of copyrights is primarily concentrated on works that have been recorded with the agency. Non-expired claims to copyrights that are registered with the U.S. Copyright Office may be recorded with CBP.
A patent registered with the U.S. Patent and Trademark Office may not be recorded with CBP. However, CBP enforces exclusion orders issued by the ITC pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. §1337), which provides relief to U.S. industries which have established the existence of unfair trade practices in importing. ITC exclusion orders are issued for findings of infringement, among other things, of patents. Accordingly, CBP has authority to exclude from entry articles infringing a patent pursuant to an exclusion order issued by the ITC.
In-Depth Coverage: Country of Origin
- Country of Origin of Imported Merchandise
- Customs Ruling: Country of Origin
- Country of Origin: Food Products
- Country of Origin: Chemical and Pharmaceutical Products
- Country of Origin & Country of Manufacture: CBP vs. FDA
- Country of Origin: Substantial Transformation or Country of Assembly Test
- Country of Origin and Free Trade Agreement
- Country of Origin and Section 301
How Does CBP Respond to Intellectual Property Rights Infringement?
Trademarks
CBP is authorized to exclude from entry, detain and/or seize violative trademarked merchandise. In this regard, CBP recognizes three levels of infringement in its enforcement of trademarks: counterfeit marks; copying or simulating marks; and restricted gray market goods (i.e., parallel imports). Read more…
Copyrights
CBP is authorized to detain and/or seize piratical copies of protected copyrighted works. For CBP purposes, “piratical copies” are identical or substantially similar copies of a registered copyrighted work which are produced and imported without authorization of the copyright owner. Read more…
Exclusion Orders
Under Section 337 of the Tariff Act of 1930, unfair methods of competition and unfair practices in the importation or sale of goods, the effect or tendency of which is to destroy, substantially injure, or prevent the establishment of an efficiently and economically operated U.S. industry, or to restrain or monopolize trade and commerce in the United States, are unlawful. Additionally, Section 337 declares unlawful the importation into the United States of goods which infringe a U.S. patent, registered trademark, copyright, or mask work. Read more…
In-Depth Coverage: Importing Medical Device
In-Depth Coverage: Trade Remedies
CBP Enforcement
CBP may seize merchandise that meets the criteria for criminal seizure for violation of the applicable criminal copyright or trademark statute. The determination to initiate criminal prosecution for a violation of an intellectual property right law is made by the United States Department of Justice through the United States Attorney for the jurisdiction where the violation occurred.
For more detailed information, please refer to the Informed Compliance Publication ‘’CBP Enforcement of Intellectual Property Rights’’ and CBP website.
Read more about CBP Enforcement of Intellectual Property
In-Depth Coverage: USDA-Regulated Products
- Importing USDA-Regulated Food Products
- Import Regulation by USDA Agricultural Marketing Service (AMS)
- Food Products – FDA or USDA Regulated
- Country of Origin Labeling
- Importing Animals, Animal Products, and Biologics into the US
- Importing Meat, Poultry, and Egg Products into the US
- Labeling and Marking of Imported Meat, Poultry, and Egg Products
- USDA National Organic Program (NOP)
- Agricultural Safeguards and USDA Licensing
In-Depth Coverage: Customs Valuation
In-Depth Coverage: Importing Food Products
- What is FDA Food Safety Modernization Act (FSMA)?
- Prior Notice of Imported Foods
- FDA Food Facility Registration
- Risk-Based Preventive Controls for Human Food
- Risk-Based Preventive Control for Animal Food
- Protect Food against Intentional Adulteration
- What is Foreign Supplier Verification Program (FSVP)?
- What is FSMA Produce Safety Rule?
Quick Link To U.S. Customs & Import Requirements
Customs Clearance and Import Requirements
- Entry of Imported Merchandise
- What is Section 321 Entry?
- What is Automated Commercial Environment (ACE)
- What is an Automated Broker Interface (ABI)?
- Who is Ultimate Consignee?
- What is Non-Resident Importer Program?
- Country of Origin of Imported Merchandise
- What is the Country of Assembly?
- What if the FDA's Country of Manufacture?
- Marking of Country of Origin on U.S. Imports
- What is Customs Bond?
- Reconciliation Prototype and Bond Rider
- Who Needs a Customs Broker?
- What is Customs Ruling Program?
- Classification of Imported Goods
- How is imported merchandise appraised?
- What are Import Quotas?
- What are Trade Remedy Duties?
- Antidumping Duty (AD) and Countervailing Duty (CVD)
- What is Foreign Trade Zone (FTZ)?
- What is Importer Security Filing (ISF)?
- What is Temporary Importation under Bond (TIB)
- What is In-Bond Process?
FDA-Regulated Products and Import Requirements
- What is Food Safety Modernization Act (FSMA)?
- Prior Notice of Imported Foods
- Food Facility Registration
- Risk-Based Preventive Controls for Human Food
- Risk-Based Preventive Control for Animal Food
- Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption
- What is Foreign Supplier Verification Program (FSVP)?
- Protect Food against Intentional Adulteration
- FDA Regulated Product in Foreign Trade Zone (FTZ)
- Entry Review Process for FDA Regulated Products
- Country of Origin VS Country of Manufacture
- Foods Regulated by FDA or USDA: What is the Difference?
- Label and Labeling Claims for Conventional Food and Dietary Supplements
- What is USDA Country of Origin Labeling (COOL)?
- Import for Export of FDA Regulated Products
- FDA Regulated Products in Personal Baggage or Sending by Mail or Courier
- International Mail Facility (IMF) and FDA Regulation
- Importing Biological Product Regulated by CBER
- Importing Cosmetics and Voluntary Cosmetic Registration Program (VCRP)
- Importing Drugs into the U.S.
- Importing OTC Drugs into the U.S.
- Importing Veterinary Drugs into the U.S.
- Importing Tobacco Products into the U.S.
- Importing Medical Devices into the U.S
- Importing Food Products into he U.S.
- Importing Radiation-Emitting Products into the U.S.
Guidance on customs & logistics solution for traditional and e-commerce importers and exporters
Importer Security Filing (ISF)
An ISF is required when cargo (ocean only) laden on vessel at a foreign port is destined for shipment into the U.S. Under ISF rule, some details regarding cargo must be transmitted to the CBP at least 24 hours before goods are loaded onto the vessel, or at least 24 hours prior to the departure to the U.S.
Freight Forwarding
Looking for a freight forwarding partner? To move your cargo from its current location through customs to its final destination we will partner with you to find the best way for your business. Whatever your transportation, logistics or customs clearance needs, we will do our best to customize a solution for your needs.
Customs Clearance
The goods imported into the U.S. are required to be declared to CBP. Our customs broker will help you stay in compliance with customs laws and regulations and clear your goods quickly and efficiently with our electronic Automated Commercial Environment (ACE) and Automated Broker Interface (ABI) Single Window System
Warehousing & Distribution
Our warehouse facility offers great potential for serving as a regional hub with over 145,000 SF storage capacity close to Los Angeles Airport & Los Angeles/Long Beach Sea port. With our extensive experience in freight services, your import/export cargo will be handled quickly and effectively.
Non-resident Importer Program
If you want to sell your products in U.S. marketplaces, but you are a business owner located outside of the U.S. and do not have an entity or presence in the U.S., you need to be established as a Foreign Importer of Record before your products can be imported into the U.S. We can help you.
Customs Binding Ruling
Taking steps to ensure compliance is very important in order to avoid potential problems during the clearance process. The Customs binding ruling program enables importers to receive a binding ruling from CBP on the treatment of your goods when entering the U.S.
Section 321 Entry
Section 321 entry allows importing free of duty and tax for shipments imported by one person on one day having a fair retail value in the country of shipment not more than $800. We provide our resident and non-resident clients with dedicated ACE eManifest solutions for Section 321 entry of all modes of transportation.
E-Commerce
The Internet has made it easy to find and purchase items from almost anywhere in the world. Our e-commerce experts will help you find the right solution for your international transportation, customs clearance, and delivery to your final destination. We also provide value-added repackaging, warehousing and distribution services.