The United States Enacted New Laws To Expand Intellectual Property Protection To Design Patents.
Us footwear retailers and importers alike welcome the new regulations that restrict the large number of counterfeit shoes to the United States.
The US Congress has established the Counterfeit Goods Seizure Act of 2019 in 2019, and the US footwear dealers and Retailers Association (Footwear Distributors & Retailers of America, FDRA) urged the bill to pass quickly.
The bill will authorize the US Customs and Border Protection (CBP) to seize the imported products that infringe the design patent, thereby providing other ways to prevent counterfeit footwear from entering the United States. At present, these Regulations are limited to copyright and trademark rights.
FDRA said that a large number of counterfeit goods in the footwear industry entered the United States, the purpose of which was to deceive American consumers. However, the United States Customs and Border Protection Agency (CBP) lacks proper enforcement measures to prevent the entry of counterfeit goods.
The organization said that the exercise of seizure based solely on trademark rights is no longer valid. Counterfeiters from all over the world have become more creative. They deliver products with the same appearance but no trademarks, and then attach the traditional trademarks after customs clearance. This legislation will provide legal authorization for CBP to terminate such loopholes in law enforcement. "
Matt Priest, President and chief executive of FDRA, said: "companies spend hundreds of millions of dollars every year on innovative design, production and delivery of footwear to American consumers. Counterfeit footwear threatens employment in our industry and puts consumer trust in crisis. "
"When it comes to the proliferation of intellectual property rights and counterfeit shoes, we are facing unprecedented challenges. "
The bipartisan legislation proposed by many US senators, such as Tillis, Coons, Cassidy and Hirono, will eventually become an additional enforcement tool of the US Customs and Border Protection Agency, helping to improve the authenticity and detection of counterfeit shoes in the US customs.
"The proposed legislation will enable CBP to identify and detect intentional counterfeit products, which are intended to replicate Nike products protected by us design patents," said Nike intellectual property and vice president Margo Fowler. "
Mike Jeppesen, global managing director of Wolverine Worldwide, added that extending the scope of border enforcement and protection to design patents will fill the gap in the enforcement system of intellectual property rights in the US.
"Border enforcement measures designed for patents not only help companies invest in research and development of innovative products, but also protect consumers from counterfeit and copycat products. "
He explained that China, Japan, South Korea, the European Union, India and Mexico have already stipulated that customs can enforce design patents and design registration.
"Evidence shows that this initiative has helped these countries effectively deterrent the flow of counterfeit products and copycat products, which is the critical moment for the us to start protecting suppliers and consumers. "
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