2. What is a ‘Tweener?
tweener (n) 1. a ball hit between the
outfielders. 2. a softly hit fly ball that
lands just beyond the infield.
SOURCE: Enlexica Dictionary of Baseball
March 28, 2008
2
3. What is Intellectual Property?
Tangible manifestations of creations
of the mind.
Examples: inventions, literary and artistic
works, and symbols, names, images, and
designs used in commerce.
March 28, 2008
3
4. What is International Trade Law?
Regulation of the
exchange of goods
and services across
international borders
March 28, 2008
4
6. Key Overlap Issues
Customs Enforcement of IP Rights
Export Laws
EAR & Transfers of Technology
Deemed Exports
Import Laws (Undeclared Value)
Assists
IP License Agreements
March 28, 2008
6
7. Customs Enforcement of IP Rights
How do IP owners obtain
Customs protection?
How does Customs
enforce IP rights?
Example
“compatible with NOKIA”
March 28, 2008
7
8. EAR & Transfers of Technology
• What is an Export?
– Physical shipment of EAR-
subject goods, technology, or
technical data outside US
Customs Territory
– Downloads and emails of
technology and technical data
outside US
– Example
• Programming or patent drafting in
India
March 28, 2008
8
9. Deemed Exports
What is the Deemed Export Rule?
“Release”
“Technology or technical data”
“Foreign National”
Example
Telecom test contractors
March 28, 2008
9
14. Assists
What are Assists and
how do they affect
import duties?
What types of IP can
be considered assists?
Exception – US
developed designs and
tech.
March 28, 2008
14
15. IP License Agreements
How do IP license
agreements impact
Customs duties?
Royalties
Indirect payment
March 28, 2008
15
17. How to Catch the ‘Tweeners
Compliance Integration
Inter-Departmental
Awareness &
Communication
Use of Outside Experts
Periodic Compliance
Assessments
March 28, 2008
17
18. Conclusion
Failure to catch ‘tweeners can result in:
lost opportunities
potential liabilities
One can budget and plan for compliance;
but not for enforcement.
“The unexamined life. . . .”
March 28, 2008
18
19. Questions?
Jim Chester
Email JFChester@tradelawfirm.com
Phone 214.800.2845
Chester/Associates, PLLC
6060 NCX, Suite 560
Dallas, Texas 75206
www.tradelawfirm.com
March 28, 2008
19