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New U.S. Senate Bill Seeks to Grant Authority to Enforce Design Patents at Customs - Intellectual Property News

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Intellectual Property News


Posted on: Dec 30, 2019

From Quarles & Brady:

A new bill introduced in the U.S. Senate would authorize U.S. Customs and Border Protection ("CBP") to take action against imported products that infringe U.S. design patent rights, thus extending to design patents the same protection currently enjoyed by copyrighted works and trademarks. Design patents are a critical component of a well-developed intellectual property ("IP") portfolio and enjoy a special damages remedy that allows for disgorgement of the infringer's total profits for sales of the infringing "article of manufacture" to which the patented design is applied. Extending Customs enforcement to design patents would be of huge benefit to companies that do business within the United States.

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This article was submitted by Joel Tragesser, Quarles & Brady LLP. If you would like to submit content or write an article for the Intellectual Property Section, please email Kara Sikorski at ksikorski@indybar.org.

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