Intellectual Property Rights in International Shipping

Trademarks & Trade names; Copyrights; Patents in international shipping.

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

Trademarks & Trade names in international shipping are similar to IBM, BMW, Coca Cola etc.

Copyrights in international shipping apply to books, music, logos, some design etc.

VIOLATION of Trademarks & Trade names and Copyrights in international shipping 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 respond within 30 days;

a. If Importer does not respond within 30 days, then internationally shipping 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 an international shipping 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 internationally shipping 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.

In international shipping the 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 international shipping 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 in international shipping

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 international shipping 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 international shipping Court of International Trade.

 
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