Notice2024-09263
Agency Information Collection Activities; Revision; Regulations Relating to Copyrights and Trademarks
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 30, 2024
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
The Department of Homeland Security, U.S. Customs and Border Protection (CBP) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 84 (Tuesday, April 30, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Notices]
[Pages 34260-34262]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09263]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[OMB Control Number 1651-0123]
Agency Information Collection Activities; Revision; Regulations
Relating to Copyrights and Trademarks
AGENCY: U.S. Customs and Border Protection (CBP), Department of
Homeland Security.
ACTION: 30-Day notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security, U.S. Customs and Border
Protection (CBP) will be submitting the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995 (PRA). The information collection is published in
[[Page 34261]]
the Federal Register to obtain comments from the public and affected
agencies.
DATES: Comments are encouraged and must be submitted (no later than May
30, 2024) to be assured of consideration.
ADDRESSES: Written comments and/or suggestions regarding the item(s)
contained in this notice should be sent within 30 days of publication
of this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Please submit
written comments and/or suggestions in English. Find this particular
information collection by selecting ``Currently under Review--Open for
Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Requests for additional PRA
information should be directed to Seth Renkema, Chief, Economic Impact
Analysis Branch, U.S. Customs and Border Protection, Office of Trade,
Regulations and Rulings, 90 K Street NE, 10th Floor, Washington, DC
20229-1177, Telephone number 202-325-0056 or via email
<a href="/cdn-cgi/l/email-protection#044746545b545645446766742a606c772a636b72"><span class="__cf_email__" data-cfemail="d59697858a85879495b6b7a5fbb1bda6fbb2baa3">[email protected]</span></a>. Please note that the contact information provided
here is solely for questions regarding this notice. Individuals seeking
information about other CBP programs should contact the CBP National
Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP
website at <a href="https://www.cbp.gov/">https://www.cbp.gov/</a>.
SUPPLEMENTARY INFORMATION: CBP invites the general public and other
Federal agencies to comment on the proposed and/or continuing
information collections pursuant to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). This proposed information collection was
previously published in the Federal Register (89 FR 14672) on February
28, 2024, allowing for a 60-day comment period. This notice allows for
an additional 30 days for public comments. This process is conducted in
accordance with 5 CFR 1320.8. Written comments and suggestions from the
public and affected agencies should address one or more of the
following four points: (1) whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) suggestions to enhance the
quality, utility, and clarity of the information to be collected; and
(4) suggestions to minimize the burden of the collection of information
on those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses. The comments that are submitted
will be summarized and included in the request for approval. All
comments will become a matter of public record.
Overview of This Information Collection
Title: Regulations Relating to Copyrights and Trademarks.
OMB Number: 1651-0123.
Form Number: N/A.
Current Actions: Revision.
Type of Review: Revision.
Affected Public: Businesses.
Abstract: Title 19 of the United States Code section 1526(e)
prohibits the importation of articles that bear a mark that is a
counterfeit of a trademark that has been registered with the United
States Patent and Trademark Office (USPTO) and subsequently recorded
with U.S. Customs and Border Protection (CBP) through the e-Recordation
Program. <a href="https://iprr.cbp.gov/s/">https://iprr.cbp.gov/s/</a>. Pursuant to 15 U.S.C. 1124, the
importation of articles that bear a mark that infringes a trademark or
trade name that has been recorded with CBP is restricted pursuant to 19
U.S.C. 1595a(c)(2)(C). Likewise, under 17 U.S.C. 602 and 17 U.S.C. 603,
the importation of articles that constitute a piratical copy of a
registered copyrighted work that has subsequently been recorded with
CBP is also prohibited. Both 15 U.S.C. 1124 and 17 U.S.C. 602 authorize
the Secretary of the Treasury to prescribe by regulation the
recordation of trademarks, trade names and copyrights with CBP.
Additional rulemaking authority in this regard is conferred by CBP's
general rulemaking authority as found in 19 U.S.C. 1624.
CBP officers enforce recorded trademarks, trade names and
copyrights at all U.S. Ports of Entry. The information that respondents
must submit in order to seek the assistance of CBP to protect against
infringing imports is specified for trademarks under 19 CFR 133.2 and
133.3, and the information to be submitted for copyrights is specified
under 19 CFR 133.32 and 133.33. Trademark, trade name, and copyright
owners seeking border enforcement of their intellectual property rights
provide information to CBP beyond that which they submitted to either
the U.S. Patent and Trademark Office or the U.S. Copyright Office to
obtain their registration. This revision adds the new e-Recordation
online application, located at <a href="https://iprr.cbp.gov/">https://iprr.cbp.gov/</a>.
E-Recordation applicants may provide as much additional information
as they would like that would aid CBP in authenticating their genuine
merchandise and distinguishing it from non-genuine merchandise, such as
a Product Identification or Authentication Guides, lists of licensees
and authorized manufacturers, and Applicants can supplement their
application with additional information at any time by emailing the e-
Recordation team at <a href="/cdn-cgi/l/email-protection#f6bfa6a4a4a7839385829f999885b6959486d8929e85d8919980"><span class="__cf_email__" data-cfemail="7d342d2f2f2c08180e091412130e3d1e1f0d5319150e531a120b">[email protected]</span></a>. All information provided
to CBP is housed in a secure database that can be viewed by CBP and
Homeland Security Investigations personnel with a need to know. Limited
information regarding the recorded trademark, trade name or copyright
is published online to inform the public of which registrations are
receiving border enforcement. <a href="https://iprs.cbp.gov/s/">https://iprs.cbp.gov/s/</a>.
On December 15, 2017, CBP published a final rule in the Federal
Register (82 FR 59511) regarding Donations of Technology and Related
Support Services to Enforce Intellectual Property Rights. The final
rule added 19 CFR 133.61 in a Subpart H to the CBP regulations which
authorizes CBP to accept donations of hardware, software, equipment,
and similar technologies, as well as related support services and
training, from private sector entities, for the purpose of assisting
CBP in enforcing intellectual property rights (IPR). A donation offer
must be submitted to CBP either via email, to <a href="/cdn-cgi/l/email-protection#1e7a7f6e5e7d7c6e307a766d30797168"><span class="__cf_email__" data-cfemail="34505544745756441a505c471a535b42">[email protected]</span></a>, or
mailed to the attention of the Executive Assistant Commissioner, Office
of Field Operations, or his/her designee.
The donation offer must describe the proposed donation in
sufficient detail to enable CBP to determine its compatibility with
existing CBP technologies, networks, and facilities (e.g. operating
system or similar requirements, power supply requirements, item size
and weight, etc.). The donation offer must also include information
pertaining to the donation's scope, purpose, expected benefits,
intended use, costs, and attached conditions, as applicable, that is
sufficient to enable CBP to evaluate the donation and make a
determination as to whether to accept it. CBP will notify the donor, in
writing, if additional information is requested or if CBP has
determined that it will not accept the donation. If CBP accepts a
donation, CBP will enter into a signed, written agreement with an
authorized representative of the donor. The agreement must contain all
applicable terms and conditions of the donation.
[[Page 34262]]
The respondents to this information collection are members of the
trade community who are familiar with CBP regulations.
Type of Information Collection: IPR Recordation Application.
Estimated Number of Respondents: 2,000.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 2,000.
Estimated Time per Response: 1 hours.
Estimated Total Annual Burden Hours: 2,000.
Type of Information Collection: IPR Donations of Authentication
Technology.
Estimated Number of Respondents: 10.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 10.
Estimated Time per Response: 20 hours.
Estimated Total Annual Burden Hours: 200.
Type of Information Collection: Training Requests.
Estimated Number of Respondents: 20.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 20.
Estimated Time per Response: 2 hours.
Estimated Total Annual Burden Hours: 40.
Type of Information Collection:
Estimated Number of Respondents:
Estimated Number of Annual Responses per Respondent:
Estimated Number of Total Annual Responses:
Estimated Time per Response:
Estimated Total Annual Burden Hours:
Dated: April 25, 2024.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border
Protection.
[FR Doc. 2024-09263 Filed 4-29-24; 8:45 am]
BILLING CODE 9111-14-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 30, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.