U.S. Customs and Border Protection has issued a final rule that, effective Aug. 23, will amend its regulations pertaining to importations of merchandise that violate or are suspected of violating U.S. copyright laws.
CBP states that, under existing regulations, if it suspects that an import shipment may be violative, it can share redacted information and samples of the suspect imported goods with a right holder. Under this final rule, CBP may disclose unredacted information and share unredacted images and samples of suspect imports with right holders if examination by them would assist CBP’s determination, provided such disclosures would not compromise an ongoing law enforcement investigation or national security. The rule also establishes a procedure under which the importer will have seven business days to prove to CBP that the suspect imports are not violative of the IPR laws and are instead admissible.
Further, this rule amends the detention procedures applicable to imported goods suspected of being a piratical copy or phonorecord of a copyrighted work. The current detention procedures allow up to 120 days for an importer or right holder of a suspect article to provide CBP with evidence, briefs, or other pertinent information to substantiate a claim or denial of infringement prior to CBP’s issuance of an admissibility determination. However, this rule will require CBP to render an admissibility decision within 30 days from the date the articles are presented to it for examination.
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