This post is the second part of the second installment in a multipart series designed to help right holders and importers better understand the opportunities and obligations that attach to intellectual property rights (IPR) in the U.S. Customs regulatory environment. Part 1 of the second installment discussed copyright infringement levels recognized by U.S. Customs and Border Protection and their attendant enforcement regimes. In Part 2, we complete the copyrights-trade picture by discussing enforcement relief options and presenting best practice tips for both right holders and importers.

Enforcement Relief

Assuming the gravity of a copyright infringement does not rise to the level of a criminal referral, both remission and mitigation/cancelation relief is available. The authority for this relief is found at 19 USC 1618 and 19 CFR 171.

Remedies Following Seizure

A copyright-based seizure presents an importer with a choice of procedural pathways. These include: (i) requesting administrative forfeiture proceedings;

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