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Unregistered Copyrights May Now Be Recorded with CBP for Border Enforcement

CBP announced on 12 September that it has begun accepting on-line applications for recordation of unregistered copyrights through the Intellectual Property Rights Electronic Recordation System. Each unregistered copyright recordation will be valid for nine months, with a potential one-time 90-day extension, while the copyright’s application for registration is pending with the U.S. Copyright Office. During this time the unregistered copyrights will receive the same benefits of border protection and enforcement as copyrights that are registered with the USCO. CBP states that this new process meets a requirement of the Trade Facilitation and Trade Enforcement Act.

CBP employs a multi-layered, risk-based approach to enforce IPR at the border. This includes CBP’s ability to (i) target shipments based on intelligence to better prevent the importation of merchandise that infringes on trademarks, copyrights and exclusion orders issued by the U.S. International Trade Commission; (ii) use the Mobile Intellectual Property Enforcement Team, a special task force of top IPR enforcement experts within CBP, to conduct IPR enforcement operations preventing the entry of illicit goods into the United States; and (iii) deploy IPR strike units, audit-centred teams focusing on real-time enforcement and improving compliance.

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