In our latest article, "Chevron, Suprema and the Case of the Disappearing ITC Importation Requirement", Author Brian Johnson writes: With the fall of the Chevron deference standard in Loper Bright Enterprises v. Raimondo, a number of IP practitioners have identified the International Trade Commission (ITC) as a potential agency that might feel the repercussions of that decision. That conversation has focused on the Federal Circuit's ruling in Suprema, Inc. v. ITC, 796 F.3d 1338 (Fed. Cir. 2015) (en banc). In Suprema, the Federal Circuit relied on Chevron deference to validate the ITC's position that it could investigate products used to infringe a method claim through a finding of induced infringement. Since that time, however, the impact of that opinion has not been limited to those facts. Instead, the ITC has used Suprema to justify jurisdiction over many products that do not infringe at the time of importation. Without Chevron deference, it is unclear whether the ITC will maintain such a broad jurisdiction.
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With the fall of the Chevron deference standard in Loper Bright Enterprises v. Raimondo, a number of IP practitioners have identified the International Trade Commission (ITC) as a potential agency that might feel the repercussions of that decision. That conversation has focused on the Federal Circuit's ruling in Suprema, Inc. v. ITC, 796 F.3d 1338 (Fed. Cir. 2015) (en banc). In Suprema, the Federal Circuit relied on Chevron deference to validate the ITC's position that it could investigate products used to infringe a method claim through a finding of induced infringement. Since that time, however, the impact of that opinion has not been limited to those facts. Instead, the ITC has used Suprema to justify jurisdiction over many products that do not infringe at the time of importation. Without Chevron deference, it is unclear whether the ITC will maintain such a broad jurisdiction.
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Ankara Bar Association Member | England and Wales Solicitor Candidate | IP, Internet, Media & Commercial Law | GEMS Schindhelm | Ankara | Istanbul | London
The EU Intellectual Property Office (EUIPO) and Taxation and Customs Union (DG TAXUD) have published their annual report on seizures of counterfeit goods in the European Union. Here, we summarise some of its key findings.
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Who can import? As stated in Article 8 of the Import Regime Decree, every real and legal person who is given a tax number in accordance with the provisions of the Tax Procedure Law and partnerships of persons who are authorized to make legal savings in accordance with the provisions of the legislation in force can carry out import transactions. However, the condition of having a tax number is not required for imports based on special agreements, imports of books and other publications and imports of goods authorized for retail sale by our Ministry at international fairs and exhibitions opened in our country.
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Navigating the complexities of IP law and your freedom to use your brands across borders can be a formidable challenge. That's why IPTogether offers specialised services to help you manage customs regulations efficiently and effectively, ensuring strong brand building across borders. Our UK and EU Customs Regulations Service is tailored to support businesses in ensuring their intellectual property is protected when goods are imported or exported which infringe your own. With IPTogether, you gain a partner who understands the nuances of customs laws and can help you avoid costly delays and legal issues. Get in touch today: https://bit.ly/3weFkxq #IPTogether #IntellectualProperty #EUCustomsRegulations #UKCustomsRegulations
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🔴Conquering international markets starts with understanding local laws. With our Import of Record services, we act as your legal guide, ensuring every shipment complies with local regulations. No more guessing just flawless, compliant imports. 🌐www.importofrecord-ior.com #ImporterOfRecord #globaltradeleaders #IOR #LocalLawCompliance #ImportExperts #SeamlessTrade
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A recent ITC decision has confirmed that the ITC’s authority to investigate extraterritorial acts of trade secret misappropriation extends to trade secrets developed abroad. This ruling is a win for trade secret owners, but what does this mean for global businesses? Find out in Director Paul Ainsworth and Associate Cristen Corry’s latest article in Law360, “ITC Ruling Has Serious IP Implications For Foreign Imports.” 👉 https://gag.gl/lt0rIH #ITC #TradeSecrets
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A recent ITC decision has confirmed that the ITC’s authority to investigate extraterritorial acts of trade secret misappropriation extends to trade secrets developed abroad. This ruling is a win for trade secret owners, but what does this mean for global businesses? Find out in Director Paul Ainsworth and Associate Cristen Corry’s latest article in Law360, “ITC Ruling Has Serious IP Implications For Foreign Imports.” 👉 https://gag.gl/lt0rIH #ITC #TradeSecrets
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A recent ITC decision has confirmed that the ITC’s authority to investigate extraterritorial acts of trade secret misappropriation extends to trade secrets developed abroad. This ruling is a win for trade secret owners, but what does this mean for global businesses? Find out in Director Paul Ainsworth and Associate Cristen Corry’s latest article in Law360, “ITC Ruling Has Serious IP Implications For Foreign Imports.” 👉 https://gag.gl/lt0rIH #ITC #TradeSecrets
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Helping Businesses Start and Grow Their Export Ventures with Market Analysis, Buyer Sourcing, and End-to-End Shipment Support
Advice to young exporter: [Legal and Regulatory Compliance] - Export Licenses and Permits: Obtain necessary permits and licenses to export your products. - Customs Regulations: Understand and comply with customs regulations in both your country and the destination country. - Intellectual Property Protection: Protect your intellectual property rights through patents, trademarks, and copyrights. 6/10
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