The rules partly explain that if an article has a counterfeit trademark, if the trademark owner does not agree in writing, the property will be seized and forfeited. (2) After the attack, the registrant is notified of the seizure and of the quantity of goods. If the registrant does not give written consent to import, export, entry after the trademark has been removed or any other appropriate disposition, the goods are held by the government, given to charities or, if possible, sold. Because the rules give such severe punishment against counterfeit goods, most criminals are very careful to make their grades rather than counterfeiting, hoping they can remove the tags and avoid confiscation if they are caught. In order to get the full protection, a recorder must therefore acknowledge that the single registration does not resolve all potential issues and one may still need to seek a court decision if the customs determine a trademark to simulate as opposed to a true counterfeit.
Falsification of the Consumer Protection Act from 1996
On July 2, 1996, President Clinton signed the Consumer Falsification Act 1996. Section 3 of the Act introduces trademark counterfeiting and trademark trade with trademarked counterfeit trademarks. Like all other penal laws, one can conspire and try to break the law. As criminal provisions are involved, this also opens the door to civil punishment. Section 10 of the Law changes 19 U.S.C. §1526 to claim that a person who leads, assists financially or otherwise, or helps and suspends the import of goods for sale or public distribution seized, shall be subject to civil fines. What is missing in the civilian punishment is words as deliberate and intentional so that those involved in import must do what they can not help, support or cure. Attorneys, C.P.A.s, freight forwarders, brokers, bankers, and just about all involved must now do their business to stop trading with counterfeit goods or punishment. This includes also owners of ships, vehicles and aircraft, as Section 13 of the Act prohibits illegal use of these in violation of criminal law. Crime can lead to seizures by ships, vehicles and aircraft, which is common in drug cases.
The Act is further strengthened by sections 11 and 12 which require the publication of airline manifestations and by allowing the Secretary of State to provide new rules for registration documentation to determine whether the goods were attempted to import has an infringement mark. You must remember to check for new rules in the federal regulations and federal registry code before taking any action.
The goods already passed through customs
Another powerful regulation is 19 C.F.R. §133.24, which enables the demand for return after the release of the goods. If goods are released by customs and the record recipient discovers this, the port authority (customs officer) is required to claim the importer for the return of the goods. If they are not returned, that is to say, have already been sold, a claim for liquid damages can be made
Copyright claims registered in accordance with the Copyright Act of July 1947 or the Copyright Act of 1976 may be registered with import duty. An application for registration of a copyright must contain a statement of actual or potential damage, genuine copy country or fonorecords, together with information identifying the copyright holder and any foreign person or entity authorized or licensed to use the protected work. 3) A further certificate of copyright registration issued by the US Copyright Office must also be accompanied by the application and five copies of copyrighted work (except when copyright covers a book, magazine, periodic or similar item that can easily be identified by title or author). The registration will remain in force for 20 years, unless the copyright holder expires before that time.
Patent protection: Patent investigations
The first requirement is that the patent be issued by the US Department of Trade and Industry. Because patents are more complicated than trademarks or trade names, the customs service obviously can not control everything to determine how it works and if the patent violates it. Some patent infringement may be quite obvious, while others may be quite difficult to detect. The customs authority thus has only a limited authority to assist patent owners and more active participation from the patent owner is required.
The possible protection that the U.S. Customs Authority has to offer US trade names, trademarks, copyright and patent owners is not only unique but is very cost effective. Consequently, companies simply can not ignore these forms of protection. This is especially true for small and medium-sized businesses that can not afford any reasonable option.