Customs’ IPR Enforcement. Grammar: Phrasal Verbs
Exercise 1. Before reading the text, answer these questions:
c) Do you know what intellectual property is?
d) How is it protected in your country?
Exercise 2. Read the text to check your answers.
PART I
Countries with innovative local industries almost invariably have laws to foster innovation by regulating the copying of inventions, identifying symbols, and creative expressions. These laws encompass four separate and distinct types of intangible property – namely, patents, trademarks, copyrights, and trade secrets, which collectively are referred to as “intellectual property”.
Intellectual property shares many of the characteristics associated with real and personal property. For example, intellectual property is an asset, and as such it can be bought, sold, licensed, exchanged, or given away like any other form of property. Further, the intellectual property owner has the right to prevent the unauthorized use or sale of the property. All types of intellectual property are protected on a national basis.
U.S Customs and Border Protection, a component of the Department of Homeland Security, has a multi-layered approach to IPR (Intellectual Property Right) enforcement that includes seizing fake goods at the border, pushing the border outward through audits of infringing importers, risk modeling, and cooperation with our international trading partners. CBP partners with industry and other government agencies to enhance these efforts.
The trade in counterfeit and pirated goods threatens the economy, the competitiveness of businesses, and, in some cases, national security and the health and safety of consumers. The trade in these illegitimate goods is associated with smuggling and other criminal activities, and often funds criminal enterprises.
CBP protects businesses and consumers every day through an aggressive IPR enforcement program. CBP targets and seizes imports of counterfeit and pirated goods, and enforces exclusion orders on patent-infringing and other IPR violative goods.
Vocabulary Notes
to foster благоприятствовать; проявлять заботу (о ком-л.)
to encompass охватывать; заключать
intangible property нематериальная собственность (напр. патент) asset (здесь) имущество
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Exercise 4. Answer the following questions.
5. What is intangible property?
6. What can be done to intellectual property as an asset?
7. What does IPR enforcement program include?
8. Why is trade in counterfeit and pirated goods considered harmful?
Exercise 5. Make a summary of Part I in 5-6 statements using key words.
Exercise 6. Use the words in the box to complete the text. Tell this story to another student.
| small children commerce products were seized shipments hazardous consumers unsafe imports |
Protecting _______ from hazardous products is another way Customs stands guard over the flow of _______. CBP officers partnered with Consumer Product Safety Commission investigators in Seattle to seize various ______ of foreign-made children’s _______ containing excessive levels of lead; the _______ included wearing apparel and necklaces, reindeer ornaments, activity kits, magic coin tricks, and dart ball game sets . Another ______ product targeted are toys intended for use by children under 3 years of age; two shipments totaling 4,000 cartons of plastic bath toys ________ as they posed a potential choking or ingestion hazard to _______.
Exercise 7. Fill the phrasal verbs from the box into the spaces. Mind their forms.
| to turn over (3) to give away to push out to build into to leave behind to turn in to bring into to cheat out to keep out to carry out |
1. The confiscated contraband will be ________to the appropriate agencies for further investigation.
2. As the agents approached, they noticed the minivan was stuck in the mud and the smugglers were attempting to _______ it ______ with a pickup truck.
3. Travelers should plan _______extra time _______ their trips in the event they cross during periods of exceptionally heavy traffic.
4. Do not attempt to ________ fruits, meats, dairy/poultry products and firewood ______ the United States from Canada without first checking whether they are permitted.
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5. The case was another dishonest scheme to ______people ____ of their money.
6. The group scattered and fled into the surrounding brush _________ nine bundles of marijuana valued at more than $300,000.
7. CBP is charged with _______ terrorists and terrorist weapons _____of the country while enforcing hundreds of U.S. laws.
8. CBP officers seized the money, and ______ custody of the man _______ to U.S. Immigration and Customs Enforcement agents.
9. Their mission also includes ____________ border-related duties, including narcotics interdiction, enforcing immigration and trade laws, and protecting the nation's food supply and agriculture industry from pests and diseases.
10. The marijuana was ____________ to the Drug Enforcement Administration.
11. Jamie Elizabeth Beadle, a United States citizen from Florida arrived along with her two U.S. citizen female children, ages five and six, and indicated to CBP officers that she was ______ herself ______.
12. Ten thousand copies of the software package are being ________.
Exercise 8. Choose the correct option. Make up 5 sentences with some of these phrasal verbs.
1. To get into a building or car using force is to ___.
a. break out b. break down c. break in
2. To steal money from a bank by using force is a ___.
a. hold in b. hold down c. hold up
3. To steal or take something without asking is to ___.
a. run off with b. do without c. do over
4. To hurt someone badly by hitting or kicking is to ___.
a. pull them over b. beat them up c. put one over
5. To kill someone in informal English is to ___ with them.
a. do away b. have away c. stay
6. To destroy something with a bomb is to ___.
a. beat it up b. blow it up c. knock it over
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7. To take a criminal to the police is to ___.
a. turn them over b. turn them in c. turn them down
8. To put someone in prison is to ___.
a. lock them up b. do them in c. blow them up
9. To not punish someone for their crime is to ___.
a. give them over b. let them off c. put them away
10. To succeed in not being punished for a crime is to ___ it
a. get away with b. make off with c. pick through
Exercise 9. Read Part II of the text and find out how CBP responds to Intellectual Property Rights infringements.
PART II
As an administrative agency with law enforcement powers, CBP has the powers of search, seizure, and arrest, and the legal authority to make substantive determinations regarding infringement of trademarks and copyrights.
CBP is vested with the authority to exclude from entry, detain and/or seize violative trademarked merchandise. In this regard, CBP recognizes three levels of infringement in its enforcement of trademarks: counterfeit marks; copying or simulating marks; and restricted gray market goods (i.e., parallel imports).
In the international arena, CBP collaborates with many organizations and foreign governments to enhance IPR border enforcement efforts globally.
Domestically, CBP coordinates enforcement efforts with U.S. government trade policy and law enforcement agencies, and works closely both with U.S. Immigration and Customs Enforcement (ICE) to carry out investigative IPR enforcement actions, and with the trade community.
CBP conducts industry outreach by partnering with rights owners and industry organizations both to collaborate on IPR education, and share information on trends, and where appropriate, on individual cases of suspected IPR infringement.
Members of the public may inform CBP of potential intellectual property rights violations via CBP’s on-line trade violation reporting mechanism called e-Allegations. CBP also maintains an on-line recordation system, Intellectual Property Rights e-Recordation, which allows rights owners to electronically record their trademarks and copyrights with CBP, and facilitates IPR seizures by making IPR recordation information readily available to CBP personnel.
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Exercise 10. Write out from the text words and phrases necessary to speak about Customs response to IPR infringements in the Russian Federation. Talk with another student on the topic.
Exercise 11. Learn more about the following systems on the following sites and tell the class about what you’ve learnt.
1) CBP’s on-line trade violation reporting mechanism called e-Allegations at http://www.cbp.gov/xp/cgov/trade/trade_programs/e_allegations/;
2) CBP’s on-line recordation system at https://apps.cbp.gov/e-recordations /.
Exercise 12. Do you know what gray market goods are? Read the following paragraphs and find out the meanings and synonyms of the word “spurious” in a dictionary. Think of your examples with these words to illustrate their use (www.merriam-webster.com/dictionary).
The term gray market goods is used to distinguish them from goods that might be sold on black market; gray market goods are sold through legal but unauthorized or unintended channels of commerce. Gray market goods are different from counterfeit goods by the genuineness of their trade mark or trade name; counterfeit goods carry a trademark or trade name which the law calls “spurious.”
Customs will almost invariably detain restricted gray market goods for up to 30 days; and within that time will ultimately determine their seizure and eventual forfeiture or their release.
Exercise 13. Read a fragment from the article about the coming changes for U.S. Customs and Border Protection in 2014, published by Forbes. Make up 3 questions to the text and ask your fellow students to answer them. Find synonyms to the highlighted phrasal verbs.
“Big changes are underway at U.S. Customs and Border Protection, which appears to be shifting from a single-minded focus on fighting terrorism to one that includes regulating trade”. That’s the view of Florida attorney Peter Quinter, who chairs the Customs & International Trade Law Group of GrayRobinson, P.A. He has come up with a list of 10 predictions about where CPB is headed — and, consequently, what importers and exporters need to be concerned about — in the year ahead.
[ . . . ] 5. The U.S. will continue to crack down on intellectual property violations. CBP will place a high priority on examining and seizing imported counterfeit merchandise. Whether that effort will have any effect on rampant violations in China is another question. Quinter said it’s getting tougher to buy counterfeit merchandise on the street in China, but reports suggest that plenty of sellers still hawk fake merchandise behind closed doors.
6. CBP will place more officers in U.S. embassies and consulates, to smoke out counterfeit goods and narcotics destined for the U.S. Customs will step up inspection of containers before they’re loaded aboard ship. “Why wait until the container comes here?” asked Quinter. Few people are aware of the extensive role that U.S. agents play in fighting narcotics trafficking in other countries, he added. [ . . . ]
(http://www.forbes.com/sites/robertbowman/2014/01/28/10-predictions-for-u-s-customs-and-border-protection-in-2014/)
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