The U.S. Customs and Border Protection (CBP) has marked Intellectual Property Rights (IPRs) as a priority trade issue, leading to a rising number of counterfeit good seizures over the past years. By the end of 2021 and 2022, CBP had successfully intercepted counterfeit goods totaling $3.3 billion1 and $2.98 billion2 in value, respectively. In just one day in April 2023, CBP stopped over $4.4 million in counterfeit jewelry featuring multiple luxury brand marks from entering the market3.
Given such high stakes in the fight against fake goods, how can rights owners co-operate with the CBP’s enforcement efforts? According to attorneys at Foley & Lardner, two major strategies provide powerful tools for rights owners: the Intellectual Property Rights Branch recordation program and the procedures of the Exclusion Order Enforcement Branch. These tools can assist rights owners in keeping unauthorized goods away from the U.S. market, thus preserving the value and integrity of their brand.
For legal professionals, following the fast-paced developments in IPR enforcement requires constant vigilance and an in-depth understanding of the complex legal landscape. The analysis and real-time alerts provided by the Law360 platform, along with their daily newsletters and advanced search capabilities, could be useful resources for those dedicated to combating counterfeits and securing intellectual property rights.
1,2,3 Information obtained from this article.