Proposed Bill Would Empower U.S. Customs to Seize Products Infringing Design Patents at the Border

On December 5, 2019, the Counterfeit Goods Seizure Act of 2019 (CGSA) was introduced to the U.S. Senate. If enacted into law, the CGSA would allow U.S. Customs and Border Protection (CBP) to enforce U.S. design patents at the U.S. border. The CGSA is bipartisan legislation that proposes amending 19 U.S.C. § 1595(a)(c)(2)(C) to allow CBP the discretionary power to seize and detain imported goods that infringe a recorded U.S. design patent. CBP currently exercises a similar discretionary power for registered trademarks and copyrights. The CGSA is also publicly supported by companies, including Nike Inc., 3M Company, Wolverine Worldwide, Columbia Sportswear, Deckers Brands, and by professional associations, including the Footwear Distributors & Retailers of America, the Intellectual Property Owners Association, the International Trademark Association, and the American Intellectual Property Law Association. In this article, attorneys Beth Ferrill and Eric Liu discuss what the CGSA means for design patent holders.  View the full article here.