CBP Amends Information Sharing Procedures When Trademark Infringement Suspected

Customs and Border Protection changed procedures for sharing information with importers and rightsholders when it suspects trademark infringement. The CBP final rule takes effect Oct. 19, the agency said in Friday's Federal Register. Regulations in 19 CFR 133.21 enlist importers and rightsholders to help CBP determine whether merchandise infringes on trademarks and trade names and should be seized or excluded, without violating Trade Secrets Act restrictions on government agency release of protected business information. Importers have seven days' notice of detention issuance to convince CBP its mark is legitimate before unredacted images or information or samples are provided to the rightsholder for verification. Partly to address importer concerns, CBP added language clarifying that information provided to rightsholders is only for the purposes of assisting the agency in making infringement determinations. CBP must give the importer unredacted information, pictures or a sample of the suspect merchandise, it said. “Releasing this information to importers will assist them in providing CBP with a meaningful response before or within the seven business day response period." In other changes, the agency removed provisions for a 30-day extension of the limit for detaining merchandise before it's deemed excluded.