Webinar: IPR with CBP and UL
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
We’ll also hear from Lisa Deere, UL Brand Protection Manager, to learn what customs brokers and importers need to know about UL and the increased safety risks associated with counterfeit products. UL’s multi-pronged approach assists manufacturers, retailers and law enforcement agencies in the fight against counterfeit products.
Alaina Van HornChief, Intellectual Property Enforcement Branch
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.
Jennifer Diaz Esq.President, Diaz Trade Law
President and Founder of Diaz Trade Law, Jennifer (Jen) Diaz is a Chambers ranked, Board Certified International Attorney specializing in customs and international trade. For more than 15 years, Jen has provided legal advice and customized training on import and export compliance to industry, with a strong record of success in mitigating federal administrative enforcement actions. Jen has received many accolades from the legal community, including being recognized by “Super Lawyers” as a Top International Attorney, having an AV rating of “Superb,” and serving as President of the Organization of Women in International Trade (2018-2019). A frequent media commentator, Jen has authored book chapters, journal articles, and other articles for The Florida Bar, the American Bar Association, Bloomberg Law, and others. Jen is Editor of “Customs & International Trade Law” a blog recognized by the U.S. Library of Congress as being an important part of the legal historical record.
Lisa DeereBrand Protection Manager, UL
Lisa has over 20 years’ experience in Intellectual Property, Anti-Counterfeiting, and prosecution. In late 2017 Lisa joined the Global Security and Brand Protection team of UL LLC (Underwriters Laboratories) as a Brand Protection Manager overseeing the United States and Canada.
Prior to joining UL, Lisa was responsible for the enforcement program at Conair Corporation where she launched the Anti-Counterfeiting program, initially with just the US market, and eventually expanded the program globally.
Lisa’s IP career began while working for a major US charity. During her tenure with the charity, she worked closely with in-house counsel to build an international trademark portfolio, aggressively protected the brand through online enforcement, and assisted in defending against misuse of the charity’s well-respected name.
Lisa is actively involved in several Anti-Counterfeiting organization, including the International Anticounterfeiting Coalition (IACC), the International Trademark Association (INTA), and the Canadian Anti-Counterfeiting Network (CACN). She has served two terms as a member of INTA’s Anti-Counterfeiting committee, numerous terms on the INTA Round Table Subcommittee, and is currently serving as Vice Chair of the CACN Steering Committee. Lisa is a frequent moderator and roundtable host, and often speaks on the topic of health & safety issues related to counterfeit electronics.
Lisa holds a BS in Business from Concordia College and a Professional Certification in Anti-Counterfeiting & Brand Protection from Michigan State University.