Intellectual Property Rights with CBP
IPR Webinar: Learn more about CBP’s IPR enforcement, trademark and copyright e-Recordation, detention, and seizure process:
U.S. Customs and Border Protection (CBP) has the authority to detain, seize, forfeit, and ultimately destroy merchandise seeking entry into the United States if it bears an infringing trademark or copyright that has been registered with the U.S. Patent and Trademark Office (USPTO) or the U.S. Copyright Office (USCOP), and has subsequently been recorded with CBP. CBP also has the authority to enforce patents and trade secrets at the border pursuant to U.S. International Trade Commission exclusion orders. The Intellectual Property Rights Branch of the Regulations & Rulings Directorate consists of attorney-advisors and paralegals that administer CBP’s e-Recordation Program, adjudicate petitions for relief, issue binding rulings, and provide pre-seizure advice to CBP personnel at all ports of entry as to whether imported merchandise infringes an intellectual property right.
Some of the topics we’ll cover:
- Overview of CBP’s IPR enforcement regime
- Timeframes followed by CBP in suspected IPR violations
- Information CBP is authorized to share with the broker
- Examples of notices and most pertinent information therein
- CBP’s perspective on gray market shipments
- How brokers can be proactive to limit the time flagged shipments are detained
- Best contacts at CBP for any IPR-related inquiries
- Programs available to the trade community
This webinar will also help intellectual property rights owners to partner with CBP in protecting intellectual property rights and facilitating legitimate trade.
Alaina van Horn currently serves as the Chief of the Intellectual Property Rights Branch of U.S. Customs and Border Protection, Office of Trade, where she supervises a team of attorneys and paralegals specializing in border enforcement of intellectual property rights. Prior to this position, she served a one-year detail in the Office of the U.S. Intellectual Property Enforcement Coordinator (IPEC) in the Executive Office of the President, as a Policy Advisor specializing in customs law. Prior to joining the IPEC she was a Senior Attorney-Advisor in the Intellectual Property Rights Branch of CBP’s Office of Trade for over a decade, where she provided legal support to all ports of entry on border enforcement of trademarks and copyrights, adjudicated administrative petition for relief from seizure, issued binding rulings and infringement determinations, and administered patent and trade secrets based exclusion orders issued by the U.S. International Trade Commission. Ms. van Horn has conducted numerous capacity-building trainings on border enforcement of intellectual property rights to foreign governments, international organizations, and domestic audiences in both the public and private sectors.
Ms. van Horn received a bachelor’s degree in philosophy from New York University, a Juris Doctor (J.D.) degree from Catholic University, Columbus School of Law as well as a Masters of Arts (M.A.) degree from Catholic’s Graduate School of Philosophy, and a Master of Laws (LL.M.) from The George Washington University Law School.