CBP Announces Intellectual Property Rights Interim Final
The following text has been excerpted from a press release issued
by U.S. Customs and Border Protection on April 24th, 2012
entitled U.S. Customs and Border Protection Announces IPR Interim
April 27, 2012 | U.S. Customs and Border Protection
(CBP) has announced the publication of an Intellectual
Property Rights (IPR) Interim Final Rule (IFR) to amend regulations
regarding the importation of merchandise bearing recorded trademarks or
trade names. The IFR took effect when it was published in the Federal
Register on April 24th, 2012.
Amended to assist CBP in determining whether imported merchandise
bears counterfeit markings, the IFR allows CBP to inform an IPR holder
of information appearing on merchandise or its retail packaging that may
be protected by the Trade Secrets Act.
The information will include – but is not limited to –
serial numbers, universal product codes, and stock-keeping unit numbers
on the imported merchandise and its retail packaging, whether in
alphanumeric or other formats.
This amendment also establishes a procedure to protect importers, by
providing an opportunity for the importer to supply proof that the
suspect merchandise is authentic before any information or sample is
sent to the IPR holder.
U.S. Customs and Border Protection is the unified border agency
within the Department of Homeland Security charged with the management,
control and protection of our nation's borders at and between the
official ports of entry. CBP is charged with keeping terrorists and
terrorist weapons out of the country while enforcing hundreds of U.S.