TPP wants customs officials to seize goods even if just in transit when they are ‘confusingly similar’ to trademarked products


“The U.S.’s proposed TPP IP chapter allows border officials to rely on a different, more lenient standard – “confusingly similar” – in order to seize consignments. … In fact, customs and border officials are often not fully trained or equipped to make accurate assessments with regard to intellectual property infringement and may be overzealous in the protection of brand name companies.” [Examples follow in original text]

“… [in TPP] shipments that are legitimate in the country of origin and the country of ultimate destination would still be subject to detention in the transit country. Unwarranted interception of legitimate in-transit pharmaceutical supplies can undermine legitimate trade in generic medicines.”

http://www.doctorswithoutborders.org/press/2011/MSF-TPP-Issue-Brief.pdf

MSF, Sept 2011

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