Counterfeit Crackdown: CBP Seizures Highlight Need for Proactive IPR Protection Strategies

Ever since the United States Customs and Border Protection (CBP) designated intellectual property rights (IPRs) as a priority trade issue, the agency has seized billions of dollars in counterfeit goods. According to the JD Supra report, in 2021 and 2022, CBP seized counterfeit goods worth $3.3 billion and $2.98 billion respectively.

In the light of the recent seizures, including an incident in April 2023 where over $4.4 million in counterfeit jewelry bearing luxury brand marks was seized in a span of just 24 hours, it’s evident that proactive measures by rights owners can play a significant role in CBP enforcement.

It is crucial for rights owners to understand the gravity of the situation and the tools they have at their disposal. Active involvement in working with CBP can not only protect their valuable assets but also maintain the integrity of their brand in the global market. This approach requires a comprehensive understanding of both domestic and international trade laws, the IPR landscape, and practical enforcement mechanisms.

As we sail further into 2023, and counterfeit operations become increasingly sophisticated, it’s no longer an option for rights holders to adopt a defensive approach, but a necessity to adopt an offensive strategy when it comes to protecting their intellectual property rights.