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IP Fridays.com Podcast Interview re: IP Customs and Border Enforcement

Today, IPFridays.com posted a terrific interview with Timothy Trainer, a recognized expert in customs and border IP protection in the U.S.

Customs and Border Enforcement of Trademarks – Interview with Timothy Trainer -IP Friday – Episode 104 (Runtime approximately 25 minutes)

Trainer is a former president of the International AntiCounterfeiting Coalition (IACC) and served on the steering committee of Interpol’s IP crime action group, and is co-author of Customs Enforcement of International Property Rights, 2019 ed.

He presented a number of current and insightful point in the ongoing effort to defend against counterfeit and piracy infiltration at the border.

Here are a few highlights:

RECORD WITH U.S. CUSTOMS

U.S. and International IP owners can record directly in the U.S. Customs and Border Protection (CBP) data base their copyright and trademark information which gives U.S. customs officers the information needed to keep fakes from crossing the border.

TRAINING

IP owners should arrange with U.S./CBP ongoing training programs to introduce customs officers to the details of their authentic goods versus infringed goods.

PORTS OF ENTRY IN THE U.S.

Trainer pointed out that IP owners need to consider that there are 300 ports of entry in the U.S. So, identifying which port(s) counterfeits of their product is most likely to enter the U.S., and coordinate training with the CBP officials at those port(s) is critical.

CIRCUMVENTION DEVICES

The 2015 U.S. Trade Facilitation Trade Enforcement Act – expanded customs authority to protect the importation of “circumvention devices” which are used to circumvent the protection of copyright.

TRADE AGREEMENTS

The U.S. requires an increased standard of IP enforcement in trade agreements with countries at their borders even if the IP owner has not recorded their copyright or trademark with that country

DOWNWARD TREND IN SEIZURES

There has been a downward trend in seizures (more noticeably in Europe lately) because consumers often order directly online and deliveries go through express mail or the international postal system. Seizures of massive amounts of counterfeits in containers has become more rare.

CRIMINALS ADAPT

Counterfeiters recognize enforcement trends and adapt

For example, Trainer noted, counterfeiters recognized shipments with 100,000 units are more likely to be seized than if they adjust to 10 containers each holding 10,000 counterfeit units

CONCLUSION

Trainer emphasized the importance of recording your IP with CBP and brand training for CBP officers.

Disclaimer: IPPIBlog.com is offered as a service to the professional IP community. While every effort has been made to check information in this blog, we provide no guarantees or warranties, express or implied, with regard to content provided in IPPIBlog.com. We disclaim any and all liability and responsibility for the qualification or accuracy of representations made by the contributors or for any disputes that may arise. It is the responsibility of the readers to independently investigate and verify the credentials of such person and the accuracy and validity of the information provided by them. This blog is provided for general information purposes only and is not intended to provide legal or other professional advice.

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Ron Alvarez is an IP Investigations / Protection writer and licensed private investigator in New York City. He is a former NYPD lieutenant where he investigated robbery, narcotics, internal affairs, and fine art theft cases. Ron is a graduate of the FBI National Academy and earned a B.A. in Government and Public Administration from John Jay College of Criminal Justice in Manhattan. He has published a number of articles on various investigative topics for PI Magazine. Ron is certified by the Interpol-International IP Crime Investigators College (IIPCIC.) as a "Transnational and Organized Crime Intellectual Property (IP) Investigator."

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