Union européenne

États-Unis d'Amérique

Moyens de faire respecter les DPI

5. The United States' response to item 16 of the Checklist of Issues on Enforcement states that United States Customs regulations "have been amended to provide ad hoc application contemplated in Article 51". The cited United States regulations, however, provide for ex officio action by the United States Customs Service based on recordation of a copyright or trademark. There is no express provision for an application by the right holder to suspend imports of specific counterfeit trademark or pirated copyright goods as required by Article 51 of the TRIPS Agreement. In addition, please explain the status of United States' plans to adopt the regulations referenced in the response to item 16 and explain how the resulting procedures will comply with the requirements of Articles 52 to 60.

The amendments to Customs regulations providing for ad hoc application procedures mentioned in the US response to item 16 of the Checklist of Issues on Enforcement 5 are being reviewed prior to approval. Notwithstanding the status of the amendments, the US Customs Service, as a matter of policy and based on the authority provided in 18 U.S.C. §§ 2318 and 2320, does intervene on a case by case basis at the request of a right holder. The amendments will clarify Customs' policy and practice.