The CBP’s Amended Anti-Counterfeiting Rules: What it Means for Your Firm
The U.S. Customs and Border Protection (CBP) published a final rule on October 19, 2015 that amends its regulations on importations of merchandise suspected of being counterfeit trademarks or trade names. Significantly, the new regulations authorize CBP to disclose to trademark owners confidential financial, business and commercial information about suspected counterfeit merchandise that fall within the protection of the Trade Secrets Act.
The final rule also allows CBP to provide the importer with unredacted sample or image of the suspect merchandise before the disclosure of the information to the trademark owner. The amended rule poses a good number of concerns especially when releasing confidential information to outside parties like a mark owner or importer. Additionally, the new rule requires CBP to provide limited importation information to the right owner at the same time that a detention notice is issued to the importer. It changed the interim rule's requirement for an importer to extend the detention period by 30 days.
Although the Trade Secret Act provides certain protections and CBP has repeatedly stated that sufficient safeguards exist, companies may want to consider revisiting their business practices and implement appropriate actions to protect its information.
Our panel of key thought leaders and practitioners will offer a discussion of the fundamentals as well as updates regarding the significant issues surrounding the CBP's Amended Anti-Counterfeiting Rules. This LIVE Webcast aims to help companies ensure protection of their business information while staying in compliance with the new rule.
Key issues that will be covered in this course are:
- Understanding CBP's Final Rule on Anti-Counterfeiting
- Trade Secrets Act – An Overview
- Impact to Brand Owners and Importers
- Protecting Your Business Information Under the New Rule
- Recent Trends and Developments
Greenberg Traurig, LLP
- Fairly aggressive brand owner’s stance
- What would I try to take advantage of?
Neville Peterson LLP
- import perspective (Represents imports and intellectual property owners)
- Customs role in IP enforcement
- How do they do it?
- What happens after notice or seizure? (Lawsuit?)
- Why IP owners use it and why importers hate it
- Raise questions of risk of abuse with this system
- Europeans use “catch & release” – should US customs do the same
- Customs perspective
Who Should Attend:
- Trademark Owners
- In-house Counsel
- Trade Counsel
- Trade Compliance Administrators and Managers
- Senior Management
- Private Companies
- Other interested/related professionals
Cameron M. Nelson is a shareholder in Greenberg Traurig’s IP department and is one of the leaders of Greenberg Traurig’s anti-counterfeiting practice. Cameron has managed dozens of anti-counterfeiting investigations. He has obtained dozens of civil seizure orders and has assisted clients in the seizure and destruction of millions of dollars of counterfeit goods. Mr. Nelson’s anti-counterfeiting experience includes extensive coordination with law enforcement, nationwide seizures of counterfeit goods, freezes of counterfeiters’ assets and enforcement of anti-counterfeiting judgments both in the United States and abroad.
Cameron M. Nelson is a shareholder in Greenberg Traurig’s IP department and is one of the leaders of Greenberg Traurig’s …
John Peterson has practiced international trade and Customs law since 1977, and has enjoyed every minute of it. His practice embraces all phases of trade law, from counseling and import planning, to representation of clients before government agencies, and litigation in United States and foreign courts. Each new engagement allows him to learn about different industries, products, technologies and people. Whether the practice of law takes him to a high rise office tower in Asia, a factory on a Caribbean Island, or the control room of the Trans-Alaska pipeline, he relishes the opportunity to help clients solve problems and improve their operation.
John regularly represents foreign and domestic clients before United States Customs and Border Protection, the United States International Trade Commission, the United States Department of Commerce, the Foreign Trade Zones Board the Office of United States Trade Representative, the Bureau of Industry and Security, and the Departments of State and Treasury. He also assists clients with issues arising before foreign Customs authorities and international organizations, including the World Trade Organization and the World Customs Organization.
John Peterson has practiced international trade and Customs law since 1977, and has enjoyed every minute of it. His practice …
Ms. Kane counsels clients on U.S. laws and policies affecting international trade and business, including customs and import control laws.
Prior to joining Akin Gump, Ms. Kane served for over six years as a senior attorney advisor at the Office of International Trade, Regulations and Rulings of U.S. Customs and Border Protection (CBP). In that capacity, she served in the Penalties, Trade and Commercial Regulations; Intellectual Property Rights (IPR) & Restricted Merchandise; and Valuation & Special Programs branches. She issued binding rulings, advisory opinions, internal advice and other agency decisions to various importers and other businesses regarding penalty determinations; the eligibility for NAFTA and other duty preference programs; the proper methods of customs valuation (covering transfer pricing and additions to, or deductions from, transaction value); and country of origin marking and other origin determinations, among other issues.
Ms. Kane played a key role in the administration of CBP’s enforcement of IPR at U.S. borders; for example, she drafted and issued agency decisions regarding seizures of merchandise infringing trademarks and copyrights and International Trade Commission patent exclusions orders.
Ms. Kane counsels clients on U.S. laws and policies affecting international trade and business, including customs and import control laws. …
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About Greenberg Traurig, LLP
Greenberg Traurig is an international law firm with approximately 1900 attorneys and governmental affairs professionals in 38 offices in the United States, Latin America, Europe, Asia, and the Middle East. Greenberg Traurig provides integrated, business-focused legal services for clients ranging from Fortune 500 corporations to innovative start-ups. The firm’s multidisciplinary teams include senior lawyers who have served as chief legal officers at major multinational companies and have spent years solving real-world problems in the business, political and legal arenas.
With more than 180 intellectual property attorneys and agents in the United States, Asia, and Europe, Greenberg Traurig provides a broad range of patent, trademark and copyright protection and strategic counseling. Greenberg Traurig was named a “National Tier 1” Law Firm for IP Litigation, Patent Law, and Litigation by U.S. News and Best Lawyers, 2015 “Best Law Firms Rankings. GT’s global anti-counterfeiting experience includes conducting and testifying in legal proceedings in jurisdictions around the world – including more than 50 countries to date. GT works with local law enforcement, politicians, customs services, finance/revenue departments, postal services and some of the highest ranking government officials to seek solutions where traditional IP-based solutions are either limited or not available.
About Neville Peterson LLP
Neville Peterson LLP is a law firm concentrating in international and domestic trade regulation matters. For more than 25 years, the firm has provided legal counsel and representation to foreign and domestic corporations and industries, governments, Customhouse brokers, freight forwarders, carriers and individuals in the areas of international trade, Customs law, export controls, intellectual property, antitrust, shipping, product safety, and related Federal regulatory disciplines.
The firm’s practice spans administrative representation, litigation and counseling before United States and foreign agencies, courts and international organizations.
About Akin Gump
Akin Gump Strauss Hauer & Feld LLP is a leading global law firm providing innovative legal services and business solutions to individuals and institutions. We are one of the world’s largest law firms, with more than 900 lawyers and professionals in 20 offices. Our firm’s clients range from individuals to corporations and foreign governments.
We were founded in Texas in 1945 by Robert Strauss and Richard Gump, with the guiding vision that commitment, excellence and integrity would drive the success of the firm. We incorporated those qualities into the firm’s core values as we grew into an international full-service firm positioned at the intersection of commerce, policy and the law. Our goal in every engagement is to offer a level of client service that not only meets but anticipates our clients’ needs and exceeds their expectations. From reputational defense of headline-makers to down- and midstream energy investments, from precedential class action dismissals to protection of terrorism’s victims, we serve clients in over 85 practices that range from the traditional, such as litigation and corporate, to the contemporary, such as climate change and national security. Our lawyers, many of them with years of experience in the boardroom, on the bench and in the halls of government, collaborate across borders and practice areas to provide comprehensive counsel.
The international trade practice at Akin Gump offers an array of services designed to optimize our clients’ ability to engage in the cost-efficient and timely exchange of goods and services across borders, in full compliance with applicable laws and regulations. Our lawyers and advisors assist clients with issues before the World Trade Organization (WTO), the Office of the U.S. Trade Representative (USTR); the International Trade Commission; the departments of State, Treasury, Commerce and Justice; the Department of Homeland Security, including U.S. Customs and Border Protection; and other federal agencies and offices that deal with international trade regulation.