Border Enforcement of Intellectual Property
In fiscal years 1994-1998, U.S. Customs seized over 11,740 shipments containing over $259 million worth of goods that infringed copyrights & trademarks. Because pirates & counterfeiters make use of the same technological developments as legitimate businesses, it is imperative to keep pace with new measures to detect & prevent the distribution of such merchandise. U.S. Customs Is Now a Partner in Copyright & Trademark Protection U.S. Customs is a new ally for intellectual property rights owners & their attorneys in the struggle to protect intellectual property assets. The author examines the increased emphasis placed on protecting intellectual property by U.S. Customs & the legal bases for seizure of pirate & counterfeit merchandise. The volume contains selected provisions of law that provide the U.S. Customs Service with copyright & trademark enforcement authority. Details Current Customs Regulations Customs regulations related to trade name, trademark & copyright protection & select cases related to border enforcement of intellectual property, including court decisions on parallel import issues, are provided. There is also coverage of the new Customs regulations implementing the Lever Brothers case, & on disclosing information & allowing private actions to be initiated. Includes International Agreements This volume also contains provisions from regional & multilateral agreements providing for customs enforcement of intellectual property. These materials include the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights, & provisions of the North American Free Trade Agreement & the European Community.
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2d Cir abroad action administrative affiliate agency American trademark application bearing Bourjois claims Commission competent authorities Congress copies or phonorecords copy or simulate copyright owner counterfeit customs laws Customs Service decision defendants determination district court doctrine domestic enforcement entry F.Supp Federal foreign manufacture foreign trade zone GIORGIO gray-market Guerlain identical importation intellectual property rights interpretation issue judicial jurisdiction K-Mart Katzel L'AIR DU TEMPS L'anza Lanham Act legislative history likelihood of confusion Manon Lescaut mark Marktrade Mattel Member merchandise OGP's packages paragraph parallel importation parties patent person plaintiff port director procedures prohibited protection recorded with Customs right holder S.Ct sale doctrine Section 526 seizure and forfeiture Senator statute statutory subsidiary summary judgment Tariff Act tion trade dress trade name Trade-Mark Act trademark holder Trademark Office trademark owner Treasury troll dolls U.S. Customs Service United States Customs United States trademark violation