2021 October No.54 – Intellectual Property Right


Relief from a forfeiture may be granted pursuant to a petition for relief provided that certain

A. All offending trademarks or trade names are removed or obliterated after the release of the articles.

B. The unlawfully imported or prohibited articles are exported under Customs supervision and at no expense to the Government.

C. Petitioner provides proof of authorization from the rights holder to import the articles bearing a counterfeit mark within 30 days from the notification of the seizure.

D. In the case of books or periodicals manufactured abroad contrary to the terms of the “American manufacturing clause” of the Copyright Act of 1976 (17 USC 602, 603) (i)Satisfactory evidence is submitted that a statement of abandonment has been filed andrecorded in the Copyright Office by the copyright owner in accordance with the proceduresof the Copyright Office; and (ii) The notice of copyright is completely obliterated prior torelease of the books or periodicals.

E. The unlawfully imported or prohibited articles are destroyed under Customs supervision and at no expense to the Government.

 

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The Answer is: C

Citation:19 CFR § 133.51, 19 CFR § 133.21(g)

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