AIPLA-IPO Joint Letter to Senate Judiciary Committee in Support of Counterfeit Goods Seizure Act
December 9, 2019
The American Intellectual Property Law Association submitted a letter to the Senate Judiciary Committee in support of the Counterfeit Goods Seizure Act of 2019.
In addition to the economic harm to design patent owners, knockoff and counterfeit designs harm the public. Products incorporating knockoff and counterfeit designs are often not manufactured to the same quality and safety standards as a genuine product, posing usability problems and safety risks to the unsuspecting consumer. Currently, CBP has the authority to detect and seize only goods that infringe trademark, trade dress, and copyright rights, but not design patents. For design patents, CBP’s authority is currently limited to enforcing exclusion orders issued by the U.S. International Trade Commission (ITC), which are rare and expensive to obtain.
We support this legislation because it makes the straightforward change required to adapt CBP’s existing enforcement mechanisms and tools to include the enforcement of design patents. The current trademark and copyright recordation system could be readily extended to permit the recordation of design patents and provide CBP field officers with instantaneous access to information about each protected right.
In addition to the economic harm to design patent owners, knockoff and counterfeit designs harm the public. Products incorporating knockoff and counterfeit designs are often not manufactured to the same quality and safety standards as a genuine product, posing usability problems and safety risks to the unsuspecting consumer. Currently, CBP has the authority to detect and seize only goods that infringe trademark, trade dress, and copyright rights, but not design patents. For design patents, CBP’s authority is currently limited to enforcing exclusion orders issued by the U.S. International Trade Commission (ITC), which are rare and expensive to obtain.
We support this legislation because it makes the straightforward change required to adapt CBP’s existing enforcement mechanisms and tools to include the enforcement of design patents. The current trademark and copyright recordation system could be readily extended to permit the recordation of design patents and provide CBP field officers with instantaneous access to information about each protected right.
Upcoming Events
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2024 Women in IP Law Global Networking Event
April 18, 2024
The annual Global Networking Event connects intellectual property practitioners from around the world for a day of networking, education, and creating meaningful connections. This year’s theme, Cultivating Leaders, is an opportunity for the AIPLA Women in IP Law Committee to help nurture and cultivate future leaders in the profession. -
World IP Day 2024
May 1, 2024 4:00 PM to 7:00 PM
Join AIPLA and partner organizations on May 1 in Washington, DC, for a special three-hour program to celebrate World Intellectual Property Day 2024. This annual international event is an opportunity to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity. The theme of this year’s celebration is “IP and the SDGs: Building Our Common Future With Innovation and Creativity.” -
2024 Advanced Chemical Patent Practice Institute
May 14 to 15, 2024
This advanced course offers how the chemical/pharma patent practitioners can use fundamentally sound but oft overlooked principles to prepare and prosecute a United States chemical/pharma patent application to withstand both PTAB and district court challenges. The principles taught will greatly help those advanced chemical/pharma patent practitioners involved with prelitigation, portfolio management, litigation, Orange Book listings, Purple Book/BCPIA, regulatory practice, due diligence, health checks, and analysis of third-party patents for validity/patentability, infringement, and enforceability issues, as well as for preparing IPR and/or PGR petitions and defending the patent against them. -
AIPLA 2024 Spring Meeting
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Join us as we bring IP professionals together to learn and connect. More information coming soon! The 2024 Spring meeting will take place in downtown Austin, at the Hilton Austin. Leadership Meetings on Wednesday, May 15. Programming scheduled May 16-18.