Tokyo Anti-Counterfeiting Talks Deliver Deal

(Business Spectator – Reuters)

Nearly 40 nations on Saturday reached basic agreement in international trade talks aimed at reducing copyright and trademark theft that causes losses of billions of dollars annually.

One of the key features of the Anti-Counterfeiting Trade Agreement (ACTA) will mandate that customs officials have “ex officio” authority to seize counterfeit goods without a request from the rights holders or a court order, according to statements from Japan’s Ministry of Economy, Trade and Industry (METI). Read more here.

CBSA Testing of Ocean Containers for Formaldehyde

(IE Canada)

I.E.Canada joined with the Canadian International Freight Forwarders Association and the Shipping Federation of Canada in a letter to CBSA Executive Vice-President Greta Bossenmaier last week expressing concerns about the introduction of testing for formaldehyde and the serious harm it is causing to the trade community.

The letter reads in part as follows:

The introduction of testing for formaldehyde on containers identified for inspection by the CBSA on June 12, 2008 has caused, and continues to cause, serious harm to the entire importing and exporting community. There are several issues which we have identified as contributing to the problem.

1. The CBSA introduced this test for formaldehyde without notification to the community. No communications were sent to the importers, carriers, ports or international freight forwarders that the testing protocols were being changed.

2. There has been no communication as to the reason behind this increased testing, validation of ‘positive test levels’ or additional resources required to manage this increased testing.

3. There is no apparent reason for the Health Canada ‘safe levels’ of .15ppm. The containers which are testing positive have not been ‘fumigated’ at origin and do not bear ‘fumigation’ marks and so cannot have abnormally high levels of formaldehyde due to fumigation.

4. Increased testing and the new need for container ventilation have stressed examination facilities’ capabilities by tying up equipment, creating massive backlogs and severely frustrating human resources.

Confusion and misinformation reign; due primarily to the uncertainty now introduced into the inbound flow of goods. Neither carrier, freight forwarder, customs broker, nor cartage company can provide accurate information to the importer as to when an identified container will be inspected (backlogs are now more than eight days in Halifax, ten days in Vancouver and fourteen days in Prince Rupert). Once a container is entered into the examination warehouse, because the ‘test positive’ rate is so high – upwards of 95% in many inspection facilities, and because the CBSA is not adequately resourced to handle proper ventilation, we are experiencing additional delays of up to three weeks.

Canadian import capabilities are being severely compromised. Canadian importers are facing cancelled orders, back-to-school goods are not reaching the retail shelves on time, late project and construction materials are crating fines and delays, administration and tracking expenses are skyrocketing. Canadian export containers identified for inspection by the CBSA have also been delayed — in one instance by five sailing rotations — severely compromising Canada’s export capabilities. The impact of this testing for formaldehyde at the current ‘safe levels’ will have a dramatic, negative effect on the Canadian economy and on Canada’s competitiveness. We respectfully ask the CBSA to review and rescind the decision to test for formaldehyde.

A copy of the letter is available here. If your marine containers are being delayed due to testing for fumigants, IE Canada would like to hear from you. Please contact Amesika Baeta at abaeta@iecanada.com.

ICC Keynote Focuses on CBP’s Partnerships to Combat Counterfeit Product Importation

(CBP)

U.S. Customs and Border Protection’s Office of International Trade Assistant Commissioner Daniel Baldwin gave a keynote address today [Thursday] at the International Law Enforcement Intellectual Property Crime Conference in Halifax, Nova Scotia, Canada highlighting how partnerships are an integral part of CBP’s strategy to combat the illegal importation of counterfeit goods.

“All of us face a common threat from the international trafficking in counterfeit and pirated goods, Assistant Commissioner Baldwin told the group. “It is essential that we work in partnership to identify and disrupt the international distribution networks of these goods.”

Baldwin’s keynote address highlighted CBP’s intellectual property rights enforcement work emphasizing CBP’s partnerships with industry, trading partners and other U.S. government agencies to detect and seize counterfeit goods.

CBP continues to seize a wide range of counterfeit goods with an increasing focus on products that pose a safety threat and could harm consumers.

“At one time, we viewed fake goods primarily as a commercial threat to our economies. We now understand that the trade in fakes also presents equally serious threats to our national security and consumer safety,” said Baldwin.

CBP seizures of counterfeit and pirated goods have risen dramatically. In fiscal year 2007 CBP made 13,657 IPR seizures with a domestic value – the value of fake goods – of more than $196 million, an increase of 27% by value over the previous year. In the last five years, CBP seizures of IPR infringing products has risen about 110%.

The conference was hosted by INTERPOL and the Royal Canadian Mounted Police in partnership with Underwriters Laboratories. It focused on law enforcement’s role in IPR enforcement, with the theme of “Working in Partnership Against a Common Threat.”