Importation of Goods into the United States
If you are importing goods into the United States from another country, either by selling or buying items listed on Details.at, make sure the importation of that type of product complies with applicable U.S. laws. These laws often are complex, and issues will vary depending upon exactly what item is involved and the countries in which the buyer and seller reside. You are responsible for ensuring that your transaction is lawful. The information below is designed to assist you in making that evaluation.
Four Reasons to check applicable laws before importing goods into the United States:
� U.S. Customs could stop and seize your product at the U.S. Border and you could be fined or face other liability because of the seizure
� You could face legal liability from the owners of trademarks, copyrights or other rights that might be involved
� You could face other civil or criminal liability, depending upon the type of product involved
� You could have your listing ended early by Details.at and/or have your Details.at account suspended
Types of Goods that Might be Subject to Import Restrictions
The owners of the copyrights in literature, music, movies, software, video games, images have certain rights under U.S. copyright law to prevent the importation of goods which were intended for distribution in another country. Importation of such products into the United States without permission may be an infringement. This may be true even if the good is a genuine copy and legal to distribute in the other country.
Trademarked (Branded) Items
The owners of the trademarks on branded goods have certain rights under U.S. trademark law to prevent the importation of goods which were intended for distribution in another country. Importation of such products into the United States without written permission may be an infringement. This may be true even if the good is a genuine copy and legal to distribute in the other country.
The owners of the patents have certain rights under U.S. patent law to prevent the importation of goods which employ technology protected by a U.S. patent. Importation of such products into the United States without permission may be an infringement. This may be true even if the good is a genuine copy and legal to distribute in the other country
Details.at strongly recommends that you carefully review the U.S. government's websites and other sources of information concerning importation of goods into the United States, and (if necessary) consult with an expert in this field before completing any transactions. The information and links provided below are not exhaustive, but simply are a starting point so that you can quickly familiarize yourself with some of the regulations in this area.
Here are some examples of potentially infringing imports:
� Music CDs that were intended for distribution in the United Kingdom (even if they are genuine copies)
� Videos that were intended for distribution in Canada (even if they are genuine copies)
� A video game player or software that is the Japanese version of the player or game and not intended for use in the United States. (Note that the offering of "mod chips," "emulators" or other devices intended to enable the use of unauthorized imports probably also may violate copyright laws)
� A computer hard drive which uses processes or technology which is patented by someone in the United States
� A t-shirt with a logo that was authorized for use abroad
� A Pokemon� toy that was intended for sale in Japan only
What About the Berne Convention?
Some users have written to us asking whether the Berne Convention for the Protection of Literary and Artistic Works (sometimes mistakenly referred to as the "Berne Act") allows them to list an otherwise infringing item. The short answer is "no." The Berne Convention is an international treaty that the United States agreed to in 1989. By signing the Berne Convention, the U.S. committed to making certain changes to its copyright law. In fact, even before signing the Berne Convention, the U.S. had made all the necessary changes to its law. The Berne Convention itself is not U.S. law and does not excuse activity which otherwise would violate U.S. copyright law.
For more information about importation of goods into the United States
U.S. Copyright Law on Importation
U.S. Trademark Law on Importation
U.S. Patent Law on Importation
U.S. Department of Commerce International Trade Commission- Import Administration
For more information
Findlaw - General Law
International Trademark Association - FAQs on Trademarks
Avoiding Trademark, Patent and Copyright Problems (Franklin Pierce Law Center)