PRIA, Government Policy, Made Personal

Summary

The Secretary of the Treasury and the United States Postal Service must make rules to enforce the import rights in section 1308. To keep goods out, the rules may require one or more of three things: a court order or an International Trade Commission order under section 337 of the Tariff Act of 1930; proof the design is protected and would be infringed; or a surety bond. Goods imported in violation of section 1308 can be seized and forfeited like other customs violations. Forfeited goods will be destroyed as the Secretary or a court orders, but they may be returned to the country of export if the Secretary finds the importer had no reasonable grounds to believe they broke the law.

Title 17, §1328

Copyrights, Source: USLM XML via OLRC

(a)Regulations.—

The Secretary of the Treasury and the United States Postal Service shall separately or jointly issue regulations for the enforcement of the rights set forth in section 1308 with respect to importation. Such regulations may require, as a condition for the exclusion of articles from the United States, that the person seeking exclusion take any one or more of the following actions:

(1)Obtain a court order enjoining, or an order of the International Trade Commission under section 337 of the Tariff Act of 1930 excluding, importation of the articles.

(2)Furnish proof that the design involved is protected under this chapter and that the importation of the articles would infringe the rights in the design under this chapter.

(3)Post a surety bond for any injury that may result if the detention or exclusion of the articles proves to be unjustified.

(b)Seizure and Forfeiture.—

Articles imported in violation of the rights set forth in section 1308 are subject to seizure and forfeiture in the same manner as property imported in violation of the customs laws. Any such forfeited articles shall be destroyed as directed by the Secretary of the Treasury or the court, as the case may be, except that the articles may be returned to the country of export whenever it is shown to the satisfaction of the Secretary of the Treasury that the importer had no reasonable grounds for believing that his or her acts constituted a violation of the law.

Editorial Notes

References in Text

section 337 of the Tariff Act of 1930, referred to in subsec. (a)(1), is classified to section 1337 of Title 19, Customs Duties.

§1328 Enforcement by Treasury and Postal Service

Summary

Title 17, §1328

Notes & Related Subsidiaries

Editorial Notes

References in Text

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