MARQUES Ltd.
Many brand owners take the trouble to mark each individual
product with a unique bar code or serial number. This unique
marking tells the owner whether the product is counterfeit as well
as where it was made, and possibly other information such as to
where it was shipped or distributed.
In the United States, parallel imports are legal. U.S. Customs and
Border Protection ("CBP") has historically taken the
position that it will not share bar code or serial-number
information of seized goods with brand owners because if those
goods turn out to be genuine gray market goods, the trade secrets
of the gray marketer regarding sourcing and shipping information
will be disclosed to the brand owner. This has been frustrating to
brand owners who need this information to determine that the
shipment is counterfeit.
Although brand owners have long been negotiating for legislative
change of this position, we understand that national security
considerations by the U.S. Defense Department, as well as general
considerations of health and safety, pushed through a change due to
concerns about counterfeit parts for military equipment.
As of April 24, 2012, CPB has adopted a new temporary
("Interim") rule that allows CBP to share this kind of
information with brand owners if the importer does not provide
proof of genuineness after notification of CPB's
suspicions.
The Interim Rule is open for public comment until June 25, 2012.
It is important that brand owners support this rule with
comments as opposition from Gray Marketers is fully
anticipated. A link to Notice for the Interim Rule can be
found here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.