Trade law and supply chain news, insights, and commentary
On March 31, 2021, the Office of the U.S. Trade Representative (USTR), released the 2021 National Trade Estimate (NTE) Report. The report, which is the first issued under the Biden Administration, provides a detailed inventory of significant foreign barriers to U.S. exports of goods and services, investment, and digital trade.
The NTE Report, which by…
Even before the COVID-19 pandemic, knockoffs were a $500 billion global criminal enterprise, predicted to double by 2022 with the exponential rise in e-commerce. 2020’s pandemic accelerated both phenomena: Within three months of onset in the U.S., online shopping spiked 32%, throwing open the door to fake fashion, electronics, medicines and more.
Now more than…
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Wednesday, March 10, 2021
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Combine the COVID-19 pandemic with the already exponential rise in e-commerce, and what do you get? Innovation? Sure. Imitation? Absolutely. With it harder than ever to touch and experience products before purchase during the pandemic, 2021 is poised to be the “Year of the…
On September 14, 2020, China’s highest court, the Supreme People’s Court of the People’s Republic of China, released the “Opinions on Increasing Enforcement Against Intellectual Property Infringement According to Law” (关于依法加大知识产权侵权行为惩治力度的意见) (“Opinions”).
The Opinions cover four main areas: (1) Evidence Preservation, (2) Injunctions, (3) Monetary Relief, and (4) Criminal Enforcement
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Apr.01.2020
The U.S Patent and Trademark Office (USPTO) announced several initiatives aimed at providing relief for those impacted by the COVID-19 public health emergency.
The USPTO considers the effects of the coronavirus outbreak to be an “extraordinary situation” within the meaning of 37 CPR §§1.183 and 2.146 for affected patent and trademark applicants, patentees, reexamination…
On January 31, 2020, the Trump administration issued an executive order cracking down on U.S. businesses that import directly or facilitate the import of counterfeit or pirated goods, illegal narcotics and other contraband. The order, entitled “Ensuring Safe & Lawful E-Commerce for US Consumers, Business, Government Supply Chains and Intellectual Property Rights,” directs…
Our retail multinational clients often ask if there is an effective way of protecting intellectual property rights (IPR) in China. While traditional enforcement remedies in China have been ineffective in the past, customs border protection schemes in recent years have provided a cost effective tool to protect the IPR of brand owners in the retail…
A recent International Trade Commission (ITC) case shows that, although rarely used, the ITC remains a viable option for parties pursuing trade secret misappropriation claims. Trade secret claims can be brought under Section 337(a)(1)(A)’s catch-all for other “unfair methods of competition and unfair acts in the importation of articles”—often called “non-statutory” claims—and can result in…
Effective August 3, 2019, the U.S. Patent and Trademark Office (USPTO) will require all foreign-domiciled trademark applicants, registrants, and parties to a trademark proceeding to be represented by an attorney who is licensed to practice law in the United States. This requirement will apply to any entity with a principal place of business outside of…
