Harris Bricken attorneys Fred Rocafort and Robert Kossick will be speaking at a Content Enablers webinar on July 18 on the administrative protection, clearance, and enforcement of trademark rights in international trade.
Intellectual property (IP) theft has nearly triped in the last five years, going from $1.2 billion in lost value in 2017 to $3.3 billion in 2021. This theft involves various forms of infringement, and, per the U.S. Trade Representative’s most recent Notorious Markets report, it also presents forced labor, national security, and consumer protection issues. With the emergence of new technologies, distribution systems, and criminal networks, the rise in IP theft shows no signs of slowing down.
These developments are relevant to companies that manufacture products overseas or import products from overseas.
Several important administrative tools are available to U.S. right holders for protecting their IP in international trade. The most important of these include registering trademarks with the U.S. Patent and Trademark Office, using the Madrid System and national registrations to achieve international protection, and administratively recording registered trademarks with U.S. Customs and Border Protection (CBP) and their counterparts abroad. U.S. right holders that undertake these measures significantly improve their trademark protections against both domestic and foreign infringement.
There are also a number of best practices that U.S. importers can follow with an eye to clearing the IP rights associated with inbound cargo, securing authorizations, and avoiding unwanted CBP scrutiny. These best practices provide U.S. importers of record with an important means of hedging against supply chain delays and operational disruptions that can be triggered by CBP detentions, inquiries, or enforcement actions.
Fred and Robert will be discussing will be focusing on the opportunities and challenges that arise at the intersection of trade and IP, from the perspective of both right holders and importers, including the following:
- Trademark overview
- Current trends in trademark theft and enforcement
- CBP’s regulatory framework for trademark infringement and enforcement
- Trademark enforcement relief options and mitigation strategies
- U.S. right holder strategies for protecting and enforcing trademarks at home and abroad
- U.S. importer of record best practices for clearing and managing third-party trademarks in conjunction with inbound cargo
Please go here to register to join the series.