Home / Topics / 16. INTELLECTUAL PROPERTY RIGHTS

VIOLATION of Trademarks & Trade names ? and Copyrights ? | COUNTERFEITING

Trademarks & Trade names ?; Copyrights ?; Patents.

  1. Trademarks & Trade names ? are similar to IBM, BMW, Coca Cola etc.
  2. Copyrights ? apply to books, music, logos, some design etc.
  3. Patents apply to something how it works mechanical, electrical, electro-mechanical etc.

Trademarks & Trade names ? are similar to IBM, BMW, Coca Cola etc.

  • Must be used at least for 6 months;
  • Valid for 20 years;
  • Have to be registered with U.S. Patent Office in Washington D.C. (1) and;
  • U.S. Customs (2);
    You pay $190 registration fee and got 5 copies. Thereafter $90 fee for renewal, owner name change etc.

Copyrights ? apply to books, music, logos, some design etc.

  • Valid for 20 years;
  • Have to be registered with U.S. Patent Office in Washington D.C. (1) and;
  • U.S. Customs (2);
    You pay $190 registration fee and got 5 copies. Thereafter $90 fee for renewal, owner name change etc.

VIOLATION of Trademarks & Trade names ? and Copyrights ? under 133.23

  1. It will be detain by Customs;
  2. Customs notify ? or ? owner and;
  3. Customs sends a notice to the Importer;
  4. Importer must response within 30 days;

a. If Importer does not response within 30 days, then goods are seized and forfeited or;

b. Within those 30 days Importer can show a proof that he does not violate the ? or ? or has a right to import it (Royalty fee had been paid etc).

c. Upon Customs notification to the owner of ? or ? (this notification includes date of entry (1); description of items (2); quantity (3) and country of origin (4)), then the Owner of ? or ? has a right to respond and

  1. Must post a bond on the goods;
  2. Get a sample (the sample must be returned);
  3. Decide (or negotiate with the Importer) either or approve the import (1); export it (2) or allow it to be imported after objection mark will be removed.

Essential difference between Trademarks & Trade names ? and Copyrights ? in:
WITH Copyrights ? CLAIMS, IF THE Copyrights ? OWNER CANNOT PROOF HIS Copyrights ?, THEN THE IMPORTER HAS A CIVIL RIGHTS TO GO AFTER THE Copyrights ? OWNER FO LOSS BUSINESS. Therefore Copyrights ? owner must post a bond on the goods to guarantee if he is wrong he will pay to the Importer his loss.

COUNTERFEITING IS TOTALLY DIFFERENT. COUNTERFEITING IS PROHIBITED.
? or ? OWNER has rights to file action against the importer.

 

PATENTS

Have to be registered with U.S. Patent Office in Washington D.C.

However, it is very difficult to stop patents coming to the USA, because some small change can be reason to go for a new patent.

In event of violation a Patent holder have to submit to U.S. Customs an application called "PATENT IMPORT SURVEY". If he lose then he can go to the Court of International Trade.

 
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