Estados Unidos de América
Observancia de los derechos de propiedad intelectual
4. Please indicate provisions of laws and ordinances which prescribe the "proceedings leading to a decision on the merits of the case" stipulated in Article 55 of the TRIPS Agreement. And please summarize their contents.
Regulations governing such proceedings are found at 19 C.F.R. §§ 133.21 through 133.23a, which govern limitations on the importation of articles bearing recorded trademarks, notice to the parties, and detention and seizure of the articles. Proceedings governing articles that infringe copyrights are found at 19 C.F.R. § 133.43, which provides for notice to importer and the copyright owner and for an opportunity for them to exchange written materials stating their views on the question of piracy and rebutting the views of the other party before the articles are submitted to Customs headquarters for a decision .