TRADE NEWS UPDATES
“Who pays?” Liabilities upon the detection of the violation on Intellectual Property Rights
FIATA released in September 2010 its Position Paper on “Intellectual Property Rights“.
This paper provides a public position as to FIATA’s concern as the preparatory work by the European Union and a number of other World Trade Organization members on the Anti- Counterfeiting Trade Agreement. The early draft foreshadowed an impact on service providers in international trade logistics and supply chain management as being seenthe “freight holder” and thus captured as regards storage and destruction which may arise as to any intellectual property violation if goods were held at the border.
Arising from this Paper an invitation was extended for FIATA to participate in the Sixth Global Congress on Combating Counterfeiting and Piracy held in Paris 2-3 February 2011.
The Congress provided the opportunity for FIATA represented by the Customs Affairs Institute Chairman Mr Stephen Morris, to extend FIATA’s knowledge and reach in relation to the issue of intellectual property rights.
It was indeed timely as to FIATA’s presence at this event as to the perception of rights holders looking to divest themselves of the responsibility for the cost of storage and/or destruction of goods detained at the border (which may breach intellectual property holder’s rights). FIATA delivered a clear message that intermediaries have no liability (unless this could be proved otherwise from a criminal evidence aspect) as to protecting intellectual property holder’s rights as to goods that may have been carried, or arranged for carriage with other parties, or entered for regulatory purposes.
FIATA supports the TRIPS (trade-related aspects of intellectual property rights) Agreement and the concept of the Anti-Counterfeiting Trade Agreement particularly as to the social obligation of governments to its citizens in relation to health and safety.
http://www.wto.org/english/tratop_e/trips_e/trips_e.htm
FMC to change NVOCC Tariff Regulations
The Federal Maritime Commission has voted to issue the final rule for Docket 10-03, NVOCC Negotiated Rate Arrangements (NRA). This will create a new pricing option that licensed NVOCCs may utilize instead of tariffs or NVOCC Service Arrangements (NSA). The final rule was issued by February 23, 2011, and will become effective on or about April 9, 2011. Licensed NVOCCs who take the steps required to satisfy all conditions of the new regulations will be relieved of tariff rate publication requirements, but must continue to publish tariff rules. This final rule will establish an instrument called a “Negotiated Rate Arrangement” or NRA.
NVOCCs outside the USA who are registered with FMC, but not licensed, were not given the new option to use Negotiated Rate Arrangements (NRAs). They must continue to move all shipments to/from the USA under tariff rates or NVOCC Service Arrangements (NSAs). They gain no benefits from this FMC action, and must continue to comply with all the same FMC regulations currently in effect. While the final rule approved by the Commission limits the exemption to U.S.-licensed NVOCCs, Commissioners in the majority said they would consider the possibility of extending the exemption to foreign, unlicensed NVOCCs at some future date.
More information on the new NRA option and the final rule can be found at the following
links:http://www.fmc.gov/economic_and_regulatory_relief_approved_for_more_than_3300_businesses
Final rule http://www.fmc.gov/assets/1/News/Docket_10-03_Final_Rule.pdf
