Global trade

Intellectual Property Rights

Commercial importing is not for the uncoordinated. It is comparable to walking and chewing gum at the same time. In addition to controlling for proper classification, valuation, duty payments and record keeping, an importer must also screen its products for other compliance issues. One of those issues is Intellectual Property Rights (IPRs).

What does Customs mean by intellectual property rights?

Copyrights, trademarks, trade names and patents are all methods companies and individuals use to protect their intellectual property. IPR owners are allowed to record their trademarks and copyrights with Customs and Border Protection, which will then screen import shipments for infringements.

What is an infringement?

The regulations define intellectual property right infringement using the following terms:

Trademark & Trade Name Infringement

Counterfeit: A counterfeit mark is defined as a “spurious (false, non-genuine) trademark, which is identical to, or substantially indistinguishable from, a federally registered U.S. trademark” (15 U.S.C. § 1127).
Confusingly Similar: The legal standard for determining infringement where the mark is not counterfeit is “confusingly similar.” Customs will determine whether the mark is likely to cause confusion or mistake or to deceive the average consumer. (15 U.S.C. §§ 1114, 1127).
Gray Market (Parallel Imports): Gray market goods are genuine goods manufactured in a foreign country bearing a United States trademark and imported without the consent of the United States trademark owner.
Copyright Infringement

The determination of copyright piracy is complex. The basic test is unauthorized substantial similarity of material protected as part of the copyright. In order to establish copyright infringement, proof of copying must be established through direct evidence of copying or through circumstantial evidence. Copyright infringement is most often evidenced by unauthorized use of printed or recorded media.

Patent Infringement

U.S. Customs screens for patent infringement only when enforcing an exclusion order, generally issued by the United States International Trade Commission as a result of a patent investigation.

Severe penalties!

An import deemed to be a counterfeit is subject to immediate Customs seizure and forfeiture. Under other types of infringement the importer may be allowed to export the goods in question. These types of imports, however, may also be seized and forfeited. In addition to losing the cargo, the importer can be fined up to twice the domestic value of the genuine merchandise.

These are some of the most severe civil penalties Customs may impose. An importer is well advised to screen its products for potential violations.

How do I know my imported product involves someone’s intellectual property?

Situations triggering intellectual property right concerns include:

Product bearing a nationally recognized brand or trademark,
Product incorporating licensed characters,
Product bearing a look-alike brand that is similar in style to a nationally recognized brand,
All recorded or printed media,
Color combinations that substantially mimic a nationally trademarked brand or trademark,
Products bearing labels such as ©, TM, ® or “Patent Pending.”
Sometimes it is difficult to determine whether or not your product is subject to IPR restrictions.

Screening your products.

Customs has simplified the process for the trade. All IPRs that have been recorded with Customs along with exclusion orders are available in a searchable database on the Customs website. The search engine, known as the Intellectual Property Rights Search (IPRS), currently contains more than 29,000 records.

Get Permission from the IPR owner!

Simply because the IPR owner has not recorded its rights with Customs does not mean it is legal to import the product. Whenever intellectual property right infringement is a possibility, an importer should request documented proof of permission to use the protected materials. A letter from the IPR owner specifying the types of products the importer is permitted to import should be sufficient evidence.

It is a best practice to include a copy of such a letter with the commercial shipping documents and ultimately within the import record retention file.

The IPR owner must be proactive.

It is the responsibility of the IPR owner to record its copyright or trademark with Customs. Recording an IPR costs $190. Detailed instructions for recording a trademark or copyright are available at the Customs website.

License Fees or Royalty Payments?

Any payments made to any party to authorize use of an intellectual property right may be considered part of the dutiable value of the imported product. For insight into this issue refer to my previous article on the subject of transaction value.

Inspect your products!

Be on your guard! One importer purchased a toy that included a mechanical music box feature. The product specification called for the music box to play a classic lullaby, a song in the public domain. Unbeknownst to the importer, the supplier substituted a different mechanism that played a copyrighted tune.

The importer has now learned to perform pre-shipment inspections of its products.
 
Intellectual Property Rights

Commercial importing is not for the uncoordinated. It is comparable to walking and chewing gum at the same time. In addition to controlling for proper classification, valuation, duty payments and record keeping, an importer must also screen its products for other compliance issues. One of those issues is Intellectual Property Rights (IPRs).

What does Customs mean by intellectual property rights?

Copyrights, trademarks, trade names and patents are all methods companies and individuals use to protect their intellectual property. IPR owners are allowed to record their trademarks and copyrights with Customs and Border Protection, which will then screen import shipments for infringements.

What is an infringement?

The regulations define intellectual property right infringement using the following terms:

Trademark & Trade Name Infringement

Counterfeit: A counterfeit mark is defined as a “spurious (false, non-genuine) trademark, which is identical to, or substantially indistinguishable from, a federally registered U.S. trademark” (15 U.S.C. § 1127).
Confusingly Similar: The legal standard for determining infringement where the mark is not counterfeit is “confusingly similar.” Customs will determine whether the mark is likely to cause confusion or mistake or to deceive the average consumer. (15 U.S.C. §§ 1114, 1127).
Gray Market (Parallel Imports): Gray market goods are genuine goods manufactured in a foreign country bearing a United States trademark and imported without the consent of the United States trademark owner.
Copyright Infringement

The determination of copyright piracy is complex. The basic test is unauthorized substantial similarity of material protected as part of the copyright. In order to establish copyright infringement, proof of copying must be established through direct evidence of copying or through circumstantial evidence. Copyright infringement is most often evidenced by unauthorized use of printed or recorded media.

Patent Infringement

U.S. Customs screens for patent infringement only when enforcing an exclusion order, generally issued by the United States International Trade Commission as a result of a patent investigation.

Severe penalties!

An import deemed to be a counterfeit is subject to immediate Customs seizure and forfeiture. Under other types of infringement the importer may be allowed to export the goods in question. These types of imports, however, may also be seized and forfeited. In addition to losing the cargo, the importer can be fined up to twice the domestic value of the genuine merchandise.

These are some of the most severe civil penalties Customs may impose. An importer is well advised to screen its products for potential violations.

How do I know my imported product involves someone’s intellectual property?

Situations triggering intellectual property right concerns include:

Product bearing a nationally recognized brand or trademark,
Product incorporating licensed characters,
Product bearing a look-alike brand that is similar in style to a nationally recognized brand,
All recorded or printed media,
Color combinations that substantially mimic a nationally trademarked brand or trademark,
Products bearing labels such as ©, TM, ® or “Patent Pending.”
Sometimes it is difficult to determine whether or not your product is subject to IPR restrictions.

Screening your products.

Customs has simplified the process for the trade. All IPRs that have been recorded with Customs along with exclusion orders are available in a searchable database on the Customs website. The search engine, known as the Intellectual Property Rights Search (IPRS), currently contains more than 29,000 records.

Get Permission from the IPR owner!

Simply because the IPR owner has not recorded its rights with Customs does not mean it is legal to import the product. Whenever intellectual property right infringement is a possibility, an importer should request documented proof of permission to use the protected materials. A letter from the IPR owner specifying the types of products the importer is permitted to import should be sufficient evidence.

It is a best practice to include a copy of such a letter with the commercial shipping documents and ultimately within the import record retention file.

The IPR owner must be proactive.

It is the responsibility of the IPR owner to record its copyright or trademark with Customs. Recording an IPR costs $190. Detailed instructions for recording a trademark or copyright are available at the Customs website.

License Fees or Royalty Payments?

Any payments made to any party to authorize use of an intellectual property right may be considered part of the dutiable value of the imported product. For insight into this issue refer to my previous article on the subject of transaction value.

Inspect your products!

Be on your guard! One importer purchased a toy that included a mechanical music box feature. The product specification called for the music box to play a classic lullaby, a song in the public domain. Unbeknownst to the importer, the supplier substituted a different mechanism that played a copyrighted tune.

The importer has now learned to perform pre-shipment inspections of its products.
 
Hi, This post is very informative, however I would like some specific information. If someone can help me then please send me a private message. Best Regards,
 
Supply Chain Management:


Effect of Globalisation


Supply chain management (SCM) involves activity played by various agencies related to manufacturing, supplying, transporting, warehousing, retailing, and finally consumption itself, to meet the requirement of the end user of the product under supply. The process also involves flow of information and money at every stage in all directions.


Global competitiveness today means that the customer is supreme. The customer can source his goods and services from anywhere in the world. With the setting up of the WTO and the systematic bringing down of the barriers set up by different nations by way of Customs tariff as well as non-tariff barriers, we are moving towards an era in which global trade is expected to grow fast.

As customer is supreme, only those enterprises can survive who can provide goods and services to the customer timely, in cost-effective manner and also provide quality that will satisfy and delight him. This means that the enterprise will have to manage its time very well so that it can compete to deliver timely performance. It has to manage its operation in such a way that the production and delivery costs are kept at the minimum to ensure optimum margin. Simultaneously, it has to build a culture of quality and productivity because without which it is not just possible to survive. Finally, to stay always one-step ahead in the competition there has to be an element of creativity.


The above aspects should govern every part of business enterprise, especially production and delivery. Focus should be on SCM so that the delivery chain is automatically taken care of, resulting in customer satisfaction and finally continued customer loyalty and business.

Evolution of SCM

The modern supply chain management has evolved in three different phases:

1. Physical Distribution Management (Logistics);

2. Integrated Logistics Management and;

3. Supply Chain Management, the current phase.

Logistics (Physical Distribution Management): 30 years ago, the function was restricted to trucking, warehousing and delivery. This means managing warehouse, maintain inventory of finished goods and transportation to the final point. Gradually, many companies resumed the role of procurement as well.

Integrated Logistics Management: The process of integration of activities such as procurement, manufacturing, warehousing, distribution, sale, and transportation within an organisation have been felt and gained recognition.

Supply Chain Management


Manufacturing
Operations
Distribution
Marketing
Customers
Supply Chain Management: It extends the scope to link external partners like vendors, distributors, and customers. This system necessitates managing relationship and information and material flow beyond the organisation. The system includes new products development, marketing, operations, distribution, finance, customer care, etc. It is a dynamic function requiring constant flow of information, material and funds and regular interaction at all stages.

Existing supply chain cares for customer satisfaction right from placement of order till accomplishing the order and settlement of bill. Supply chain works as a network ensuring flow of information, products, and funds in either direction, involving one player at a time.

Geographical boundaries are losing their importance as companies consider their network of wide facilities as a single entry. Setting up facilities at a strategic location across the globe, sourcing of raw materials, manufacturing products, and selling in multiple markets imply geographical integration. Geographical integration becomes possible not only because of data processing and communication technologies, but also an excellent worldwide transportation system.

SCM is the strategic management of the supply process, extending the concept of functional integration beyond each of the organisation involved in the business though integration of all cross-functional elements.

Functional activities involve in the supply chain are no longer sequential and compartmentalised. The task of managing supply chain has grown from coordination of physical flows relating to production, distribution and after sales service to research, development and marketing providing opportunity for functional integration and flow management.

A large number of global manufacturers are stretching beyond their corporate boundaries to work in cooperation with other players in the channel in an attempt to optimise the effort, efficiency, and benefits; bringing in sectoral integration.

The development of global economy has provided huge opportunities but also increased risks as supply chains have become more stretched and time critical.

The western world, which has been growth of logistics as a function and supply chain as a process, has the advantage of excellent physical infrastructure and more than excellent information technology available to them, which are being used, monitored and continuously improved for managing the supply chain.

As India begins to consolidate its retail base it will get much more sophisticated in its logistics needs too. Holding surplus inventory and wastage of time and resources for transportation will be a costly error. Proper management of human resources will be an important factor for efficient management of supply chain. A huge network of information and communication system will be required to manage this high speed and accurate supply chain. A new warehouse management system, different from the present one, will have to place to operate a mass retail supply chain as the success will depend on the execution of efficiency and responsiveness of warehouse.

With the entry of world retail leaders into Indian retail sector and major Indian entrepreneurs hurrying to establish, the business is expected to boom in India. This will open abundant opportunities for logistics service providers.

Infrastructure in India is expected to grow—matching to the requirement—as road, rail, port, and airport sectors are planning huge investments to face the challenge. These infrastructure sectors would be completing their first phase of modernisation and setting up plans by 2012. Immediate plans are:

Highways: 40,000 km to be developed by 2012 investing Rs 2,22,000 crore. For 19,600 km public-private partnership (PPP) programmes are approved. Model Concession Agreement (MCA) for PPP and financing plan are also approved.

Airports: Two greenfield airports are being commissioned in early 2008. Two gateway airports have been taken up for modernisation through privatisation. Two more gateway airports proposed for modernisation. 35 other airports have been identified and being taken up for modernisation. Likely investment on these projects will be of Rs 40,000 crore.

Ports: 54 new berths, with 640-million tonne capacity, will be created by 2012 through PPP. Rail/road connectivity to ports, capacity enhancement, and deepening of draught has also been planned.

Infrastructure Plans

Highways
Ports



Airports
Railways

Railways: Dedicated freight corridor, investing Rs 22,000 crore, planned. Private sector entry into container train segment allowed. PPP has envisaged into new routes, railway stations, logistics parks, cargo aggregation and warehouses.

If everything goes as planned, India will have world-class infrastructure facilities in transportation sector and undoubtedly, other sectors will follow.

SCM is an integrated function and requires modern approach. In the present global competitive environment proper business strategy, perfect integration and SCM techniques are essential to achieve business goals and success.
 
Resolve Problems by
Making Skilful Decisions


The "how" thinker gets problems solved effectively because he/she wastes no time with futile "ifs" but goes right to work on the creative "how" — Norman Vincent Peale


Problems are like puzzles waiting to be put together. Similarly, resolving problems, at work — achieving targets, meeting deadlines, planning future assignments, etc. — require to tax your brains to reach a suitable decision.

Tackling problems in a systematic and rational way is a continuous process, which is reliant on skilful decision-making. This process allows one to reach a goal and experience obstacles on the way. If you decide your goal is to put an end to your procrastination then implement solutions, which are linked to the goal of completing your assignments as soon as possible. One goal may lead you to make a priority list of tasks; the other goal may lead you to apply deadlines for your assignments. So working out your goals is a vital part of the problem solving process.


Take another example of solving a problem constructively — a customer service manager who wants to solve customer complaints about poor service would involve the manager to commission research to find out why customers think that service is poor by getting comments from the customers. Probably, they may say that phones are only answered after many rings; staff seems distracted and under pressure; staff need second visits to bring extra parts; customers don’t know what time the fixer will arrive; staff members do not always seem to know what they are doing. After receiving the feedback, the manager can group these problems together, score each group by the number of complaints, and order the list: lack of staff training, less workforce, poor organisation and preparation. By doing the analysis above, the manager can see the vast majority of problems can be solved by improving staff skills by training them, increasing the number of staff members, and possibly installing new computer systems.


The above problems are solved systematically and to get it right you need to follow some steps.

Firstly, when you’ve a problem, define the problem briefly, but specifically considering both sides’ keeping in mind the feelings about the subject of the conflict. To define consider questions like What is the problem? How do I solve this problem? Does it need an immediate solution, or can it wait or will go away by itself? What conditions must the solution satisfy? Will the solution affect something that must remain unchanged? etc.

Whilst solving problems fix a good time and a place with an agenda. Discuss only one problem at a time and summarise it. Both parties should keep a collaborative attitude in resolving the problem and see it as a mutual one.


State the defined problem, brainstorm solutions and evaluate their advantages and disadvantages and their impact on each individual involved and on their relationships. You can also seek ideas about possible solutions from friends, family, a partner, a counsellor, books or internet. Maybe gather data and do research. See the problem in different ways. The aim is to collect as many alternative solutions as possible.

Keep in mind a critical factor — overlapping of other problems with the one you’re resolving. In case, this happens use a flexibility approach where you may have to return to earlier steps or work them simultaneously as you find the best solution.

After weighing all alternatives (solution will work or not, are resources available, will people accept it, etc.) decide on the best option. Thereafter, communicate the strategy to stakeholders — important or necessary — as well as inform those who care for you and/or will be affected by the change. Prepare them as necessary about your decision and implement it completely.

Thereafter, monitor the progress of the solution, the effects of it on resources and stakeholders, and your timeline.

Following the execution of the solution, evaluate the effectiveness of your solution by asking yourself (and others) How effective was that solution? Did it achieve what it should? What consequences did it have on the conflicting situation? What changes should be made to avoid this type of problem in the future? etc.

If the solution helped you solve the problem and reach your goal, then the problem was successfully solved. But, if you feel dissatisfied with the result, then you can begin the steps again.


Subsequent to executing the resolution successfully write a brief memo that highlights the success of the problem solving effort, and what you learned as a result. Share it with your boss, peers and subordinates.

Also, reward yourself for sorting out the problem adeptly. This gives you confidence for facing future challenges.

Time and again, you will see that the problems are only tough decisions waiting to be made. And, if you have done your best, you have this as one measure of success!
 
Weave Strong Interpersonal Relations at Work

"The most effective way to achieve right relations with any living thing is to look for the best in it, and then help that best into the fullest expression"





Familiar or unfamiliar, cooperative or uncooperative, assertive or aggressive personalities, we all have to deal with different people at workplace and outside on a daily or occasional basis. This requires strong interpersonal skills. Though a number of factors like barriers of culture, language, status, etc. can cause misunderstandings and conflicts, which affect interpersonal relations.

The ability to relate to others interpersonally requires understanding the exact meaning and intent of others, to be understood by others, to gain acceptance for yourself or your ideas or both, and to produce action or change.

The elements of interpersonal relationships include developing effective communication skills; achieving a balance among authority, responsibility and accountability; negotiating to achieve a win-win outcome; respecting each other’s opinion; helping each other succeed; and using power and influence effectively.













To connect with the people who work with/around you, you can do several concrete things that develop your interpersonal skills.


Smile often, and maintain a positive, cheerful attitude about work and life. The positive energy you radiate will draw others to you.

Actively listen and understand another’s point of view. Summarise it in your own words showing you really listened.

Appreciate positive things about workmates and let them hear it. Use words of encouragement and thank when someone helps you.

Acknowledge people’s milestones, and express concern and sympathy for difficult situations such as an illness or death.

Encourage people to work together by treating everyone equally and abstain from playing favourites, wherein people will view you as fair and trustworthy.

Resolve personal/professional conflicts between co-workers by being an effective mediator, which will garner respect and admiration for you.

Communicate clearly which projects an image of intelligence and maturity.

Use your sense of humour to lower barriers and gain people’s affection.

Be empathetic by viewing situations and responses from another person’s perspective.

Gain insight on individual’s feelings. Be natural, sincere and sympathetic without being overly familiar.

Avoid jumping to conclusions or make snap judgements of people immediately. Understand that some people are natural leaders while others are naturally steady and sober.

Vent your grievances by writing it in your diary or verbally voice it to your close friends and family, and keep it short.

Valuing Employees


Employers can:

Remember and wish employees on their birthdays, anniversaries, festivals, and also help them deal with grief. Send flowers, cards, or personal notes of condolence, which are good ways to show concern without being intrusive.

Value employees’ inputs and contributions at work.

Visit to an employee’s home on a personal occasion and greet them outside workplace in case the employee happens to bump in, which will be positively remembered for years, and result in an increased sense of loyalty towards the company.

Help employees cope with their difficulties to prevent serious work errors and divert them by boosting their morale to make them concentrate on their jobs.

Build a sense of security by assuring employees’ that they will be well treated and fairly judged by their superiors. Also, use courtesy, tact, good humour and pleasant manners to create a lively atmosphere, which is useful in obtaining efficient and wholehearted cooperation from employees.

TA and Counselling


To overcome the limitations of interpersonal relations understand the basics of transactional analysis (TA) and counselling.

TA occurs when stimulus and response are exchanged between people. Understanding transactions through analysis help people to change their attitude and to adjust themselves to others. There are three types of transactions — ‘complementary’ (where you get a predictable response from the person), ‘crossed’ (gets an unexpected response raising conflicts) and ‘ulterior’ (means "reading between lines"). TA helps in putting a correct perspective of others behaviour and words thereby enhancing interpersonal relations.


Another approach, which employers/supervisors can adopt, is counselling. Though it is difficult to execute, but good listening skills aid in this process. Supervisors need to know their teammates state of mind, their attitudes towards work and all the small things that tend to raise or lower their morale. The counselling process will serve employees’ to analyse their problems, and help them to think intelligently about the situation and consider possible options and solutions. For this, supervisors need to supply or direct them with needed information.

Conversational Skills


It is a significant part of social interaction. To be an effective conversationalist you should be able to take and pass in talking turns. Keep comments short and check to make sure the other person is still interested in the conversation. In a mutually productive discussion, share speaking and listening equally (e.g., meetings, company picnic, etc.).

By implementing the above and adding your own charisma you can create interpersonal warmth, which bridges gaps in social relations.
 
You must log in or register to reply here.
Back
Top