Union européenne

États-Unis d'Amérique

Moyens de faire respecter les DPI

4. Pursuant to 19 U.S.C. § 1526, United States courts have the authority to order seizure, forfeiture and destruction of imported goods bearing a counterfeit American trademark owned by an American entity. The statute does not provide similar authority for goods bearing a counterfeit trademark owned by a foreign citizen or corporation. Please explain how this provision complies with Article 46 of the TRIPS Agreement, which requires that judicial authorities have the authority to order disposition or destruction of infringing goods. In addition, please explain how this provision complies with Article 3 of the TRIPS Agreement.

Section 526 of the Tariff Act of 1930 authorizes the Secretary of the Treasury to seize goods bearing a trademark owned by a citizen of, or by a corporation or association created or organized within, the United States. Section 1124 of title 15 of the United States Code provides similar authority with respect to trademarks of any manufacturer or trader located in any foreign country which, by treaty, convention, or law, affords similar privileges to citizens of the United States. The TRIPS Agreement would qualify as such a convention. The US Customs Service has a single set of regulations implementing the two sections of law. Because authority to seize goods infringing US trademarks registered by foreign entities already existed, it was not felt necessary to amend Section 526 when implementing the obligations of the TRIPS Agreement. As explained in the preceding paragraph, Section 526 of the Tariff Act of 1930 authorizes the Secretary of the Treasury, not US courts, to seize goods that bear unauthorized trademarks. Section 1118 of title 15, United States Code, gives judges authority to order disposition or destruction of goods that infringe trademarks.