CBP Proposes Rule for IPR Enforcement Donation Acceptance
CBP is seeking input on proposed regulatory changes that lay out how it will accept donations meant to help the agency with intellectual property rights enforcement, it said in a notice (here). The proposal is a result of the Trade Facilitation and Trade Enforcement Act, which said it must issue regulations allowing the agency to accept industry donations for IPR enforcement (see 1602230080). Donations of technologies, training or other support services for the purpose of assisting CBP in IPR enforcement are allowed. "CBP will take into consideration all aspects of the proposed donation offer, including whether such offer would pose a real or potential conflict between the interests of the donor and the interests of the government," it said.
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CBP said it is unable to quantify the exact costs due to the varying factors that depend on a particular donation, but "because donations are voluntary for both the donor and CBP, donations would presumably only occur if the benefits to each party outweigh the costs," it said. CBP and the donor would benefit through enhanced IPR enforcement capabilities, though the value of the benefit varies "depending on how much an entity believes IPR enforcement would improve because of its donation," it said. Comments are due March 3.
(Federal Register 01/17/2017)