COP-1 RR:IT:IP 460962 KWM
Ms. Barbara Dennis
Visionary
3867 S. Valley View, Unit #1
Las Vegas, NV 89103
RE: Opera glasses; Copyright; Patent; Mechanical Drawing
Dear Ms. Dennis:
This is in response to your letter on behalf of L-Zos Optics
regarding the possible importation of certain "microbinoculars"
believed to be manufactured in and imported from Russia.
FACTS:
L-Zos Optics, a Detroit, Michigan company, owns certain Russian
mechanical drawings which describe a "microbinocular 2.5 x 17.5."
According to the L-Zos letter, the mechanical drawings are "like
a patent in the U.S." Also according to the letter, ownership of
the Russian drawings affords the owner the right to authorize
production of the microbinoculars in Russia. Although the
Russian documentation was not included, you state that it is
available on request.
In your letter you assert that third party Russian companies, not
the owners of the drawings, are producing "knock-off"
microbinoculars in violation of the owner's Russian rights to
authorize such production. You ask the assistance of U.S.
Customs in preventing the importation of such microbinoculars and
in confiscating any such articles which are attempted to be
imported into the United States.
ISSUE:
Are the microbinoculars described in your letter subject to the
importation prohibitions enforced by the U.S. Customs Service?
LAW AND ANALYSIS:
Under current U.S. law, the Customs Service has authority to
examine, detain and/or seize certain goods imported in violation
of those laws. In particular, Customs may determine that certain
imported goods violate U.S copyrights and U.S trademarks, and
detain and/or seize those goods. However, the law also requires
a valid U.S registration with the appropriate federal agency,
either the Copyright Office or the Patent and Trademark Office,
before Customs may act. The Customs Service further provides a
recordation service by which valid copyright and trademark
registrations may be placed on file with the Service as prima
facie evidence of the intellectual property claim.
U.S. patent claims are also enforced by the Customs Service after
the issuance of an Exclusion Order by the International Trade
Commission. An Exclusion Order may be issued as the result of an
administrative legal process during which the International Trade
Commission determines that goods in violation of the patent
claims are being imported contrary to the rights of the U.S.
patent holder.
In this case, it does not appear that L-Zos currently owns or
claims a U.S. copyright, trademark or patent. The Customs
Service does not have the authority to enforce intellectual
property rights owned in a foreign country. Therefore, Customs
is unable to provide the protection you request.
If L-Zos has or obtains a U.S copyright or trademark covering the
goods in question, you may provide proof of such claim to this
office, according to the requirements in the federal regulations,
and Customs will enforce such rights as exist under the claim(s).
We have enclosed a copy of the Customs Service pamphlet How to
Obtain Copyright, Trademark and Patent Protection from the Untied
States Customs Service which explains the Customs recordation
process. You may also wish to contact the International Trade
Commission Office of Trade Remedy Assistance, at (202) 205-2200,
for information on the administrative proceedings regarding
patent enforcement.
HOLDING:
The microbinoculars believed to manufactured in violation of
certain Russian rights arising from mechanical drawings owned
under Russian law, as described above, may not be excluded or
seized by the Customs Service according to the laws administered
by the Service.
Sincerely,
John F. Atwood, Chief
Intellectual Property Rights Branch