Estados Unidos de América
Observancia de los derechos de propiedad intelectual
Prescripciones especiales relacionadas con las medidas en frontera
38. Please describe the procedures a right holder must follow to obtain border protection by the competent authorities, e.g., if there is a formal application that must be submitted to the competent authority, judicial or administrative, and the information required in the request for suspension and cite the law or regulations providing such procedures.
In terms of the Counterfeit Goods Act, an application for the seizure of offending goods by an Inspector/Commissioner is a simple and short administrative procedure. The Counterfeit Goods Act only came into effect on 1 January 1998 and there is accordingly no data that is available which would provide further information regarding the implementation of such proceedings. Seized goods have to be returned to a suspect if criminal charges are not laid by the complainant or civil proceedings not instituted by a complainant within three days of being notified of such seizure. If the criminal charge is laid, the goods will be returned to the suspect if the state does not inform the suspect by written notice of its intention to institute a criminal prosecution against him for having committed an offence of dealing in counterfeit goods, within ten days of notice of seizure of goods from the inspector. The Commissioner is empowered to act on his own initiative in relation to any act or conduct believed or suspected to be an act of dealing in counterfeit goods. When the Commissioner or one of his officials has acted on his own initiative, he must, however, procure a complainant who has some interest in the goods, failing which the goods must be released. An inspector has the authority to enter upon any premises, to search for and confiscate any counterfeit goods. Before exercising such powers, the inspector has to satisfy himself that the complainant or person laying the charge is prima facie entitled to do so, and that the goods claimed to be "protected goods" are prima facie protected goods and that the intellectual property rights the subject of which is alleged to have been applied to the offending goods, prima facie subsists; and that the suspicion on which the complaint is based appears to be reasonable in the circumstances. In response to specific questions as indicated below, reference is made to specific provisions in the Counterfeit Goods Act.