CBP Update on its Planned ISA-IPR, 5-Year IPR Enforcement Strategy
Minutes from the May 6, 2010 meeting of the COAC Intellectual Property Rights Enforcement Subcommittee were recently posted to CBP’s Web site. During this meeting, Subcommittee members discussed a number of IPR issues, including:
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CBP Still Working on Details of its Planned ISA-IPR
A CBP official told the Subcommittee that CBP is still considering a list of advantages to offer Importer Self Assessment-IPR participants, including:
- Reduced exams;
- Expedited “front of line” authentication analysis;
- Opportunity for voluntary disclosure;
- Exemption from IPR audits; and
- Training and assistance from CBP.
The official said CBP needed more input from those in the trade who are not IPR (e.g., trademark, copyright) holders, such as importers and retailers. The official stated that CBP is still considering whether ISA membership should be a prerequisite for ISA-IPR participation. According to the official, more companies may participate if they do not have to be a member of ISA.
(CBP has previously stated that its goal is to get ISA-IPR established and open for enrollment in the first part of 2011. ISA is a voluntary approach to trade compliance. The program provides the opportunity for importers who have made a commitment of resources to assume responsibility for monitoring their own compliance in exchange for certain benefits. CBP’s ISA program does not currently have an IPR component.)
CBP is Finalizing its 5-Year IPR Enforcement Strategy
CBP has been working on a 5-year enforcement strategy to reduce IPR violations, as required by the fiscal year 2010 Department of Homeland Security Appropriations Act. According to a CBP official, the strategy has been in the clearance process and the CBP IPR team is working on its finalization for presentation to Congress. The official stated that CBP expects to publicly announce the strategy soon.
Feasibility Study on Linking Agencies’ IPR Recordation Systems Still in Process
When asked about the status of the congressionally-mandated feasibility study1 on the development and implementation of an opt-in or voluntary automated link between the IPR e-Recordation online system and systems maintained by the Patent and Trademark Office and U.S. Copyright Office, the CBP official stated that it is currently in the DHS clearance process. The CBP official did not know if the results of the feasibility study would be released to the public.
1The feasibility study was also mandated by the FY 2010 DHS Appropriations Act.
(See ITT’s Online Archives or 10/16/09 news, 09101605, for BP summary of the FY 2010 DHS Appropriations Act.
See ITT’s Online Archives or 06/23/10 news, 10062362, for BP summary announcing the issuance of the Administration’s 2010 strategic plan for intellectual property enforcement.)