It’s been a busy springtime in DC, with significant activity among both the Legislative and Executive branches. As we close out the first half of 2026, here are a few things you might have missed.
White House Issues Executive Order Aimed at Strengthening Customs Enforcement
On June 3rd, President Trump issued an Executive Order which could have significant impacts on trade enforcement, including CBP’s enforcement of IPR at the border.
While much of the EO is focused on tightening Customs’ regulatory framework for Importers of Record (and particularly on foreign Importers of Record), entry and bonding requirements, and enhanced enforcement mechanisms (including establishing a “penalty floor” for violations and limitations on repeat offenders’ opportunity to mitigate penalties); the Order also directs the Secretary of Homeland Security, the Director of the Office of Management and Budget, and other relevant agency heads to work with the President’s Senior Counselor for Trade and Manufacturing to develop recommendations for legislative proposals aimed at enhancing trade enforcement. That directive should offer rights-holders an opportunity to share and advance proposals to address gaps in the current legislative and regulatory framework. We will be closely monitoring the implementation of this Executive Order.
USTR Publishes 2026 Special 301 Report – Designates Vietnam as PFC
In late-April, the Office of the U.S. Trade Representative published its annual Special 301 Report, highlighting concerns related to IP protection and enforcement around the globe. Twenty-six jurisdictions were named in the report, including 19 at the Watch List-level, six designated as Priority Watch List countries, and one country – Vietnam – cited as a Priority Foreign Country (“PFC”).
The PFC classification “is reserved by statute for countries with the most egregious IP-related acts, policies, and practices with the greatest adverse impact on relevant U.S. products, and that are not entering into good faith negotiations or making significant progress in negotiations to provide adequate and effective IP rights protection.” Vietnam is the first country in over a decade to be designated a Priority Foreign Country.
On May 29th, USTR published a notice in the Federal Register announcing the agency’s initiation of Section 301 investigation into Vietnam’s legal and enforcement regime for IP protection and enforcement; the U.S. government is also requesting direct consultations with the Vietnamese government.
USPTO Announces New IP Attachés in New Delhi & Guangzhou
On June 29th, our partners at the USPTO announced that Scott Strickland was sworn-in as the United States Intellectual Property Attaché for Guangzhou, China; he will be based out of the U.S Consulate Guangzhou.
In addition, Shailendra Bhumralkar was sworn-in as the United States Regional Intellectual Property Attaché for South Asia. Shailendra will be based out of the U.S. Embassy in New Delhi, India.
Both of the new attachés are expected to head out to their posts in late-August.
The Attaché program has been an excellent resource for the IACC and its members over the years, and we look forward to working with them. If you’d like to connect with either of the new attachés, please reach out to us directly, and we will be happy to make an introduction.
U.S. Customs and Border Protection Publishes FY25 IPR Seizure Statistics
On May 4th, CBP published its most recent full-year seizure statistics. The total volume of goods seized during FY25 – 78.4 Million items – was more than double the amount seized by the agency in the year prior; while the value of the seized goods rose by approximately $2 Billion to $7.4 Billion. As in past years, China and Hong Kong accounted for a disproportionate share of seizures totaling over 53 million items valued at over $6.4 Billion.
The report highlights increased seizures in the commercial vessel environment, a fact that may be attributable to the suspension of de minimis imports during the second half of FY25.
CBP to Host Public Meeting of Commercial Customs Operations Advisory Committee (COAC)
U.S. Customs and Border Protection will host an in-person meeting on July 15th in Washington, DC. Per the agency’s announcement in the Federal Register, public participation will be restricted to a virtual option.
Meeting materials will be available on July 6, 2026, at this link.
World Intellectual Property SCCR /ACE / Assemblies Meetings
The WIPO Standing Committee on Copyright and Related Rights (SCCR) held its 48th session between May 18th – 22nd. Representatives from 100 countries gathered in Geneva to discuss a wide variety of topics ranging from “Copyright in the Digital Environment (including an information session on Generative AI and Copyright),” “Resale Royalty Rights,” and “Exceptions and Limitations in the Context of Libraries, Archives, Educational and Research Institutions, and for Persons with Disabilities.” The meeting sessions and a complete transcript of the proceedings can be accessed here.
WIPO’s Advisory Committee on Enforcement met in early June with a program covering a variety of topics, including: building awareness of IP awareness among young people; institutional frameworks and experiences with administrative and criminal enforcement models; consumer behavior, market intelligence and evidence-based enforcement; digital piracy, online enforcement and intermediary responsibility; and alternative enforcement mechanisms. A recording and transcripts of the proceedings are available here.
On July 8th, WIPO launched its annual report on World Intangible Investment Highlights during a meeting of the Assemblies of WIPO Member States. Additional information and details are available here.
Legislation We’re Watching:
HR 4930 – “Counterfeit Notification Act” (CBP authority to disclose information to private sector stakeholders in carrying out its IP enforcement mission at the border)
Passed the House of Representatives; awaiting action in the Senate Finance Committee.
The language passed by the House has also been offered as an amendment to the Senate version of the National Defense Authorization Act (NDAA) for FY2027 (Amdt. 6009)
A Senate companion (S 2677) is also currently with the Finance Committee
This legislation was passed by the House of Representatives on May 12th, and is awaiting action in the Senate. Prospects for the bill to become law are relatively good, given the broad bipartisan support that the Senate version of CORCA has received to date.
Companion legislation in the Senate, sponsored by Sen. Grassley (R-IA) has gathered more than 40 co-sponsors.
S 1367 – “NO FAKES Act” (Voice & Visual Likeness Protection; Digital Replicas)
Sen. Coons’ (D-DE) Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2026 (“NO FAKES Act”) was reported by the Senate Judiciary Committee in late June, and is now awaiting action by the full Senate.
The bill would establish protections under federal law for the protection of individuals’ voice and visual likeness from unauthorized digital replicas.
HR 8800 / S 4784 – National Defense Authorization Act (NDAA) for Fiscal Year 2027
The NDAA is considered “must pass” legislation, and will be a priority for Congress during the second half of the year.
Both the House and Senate versions of the NDAA have been reported out and are awaiting action on the respective chambers’ floors.
Because the NDAA is a “must pass” bill, it has historically been viewed as a potential vehicle for moving other legislation pending before Congress (e.g., the INFORM Consumers Act was passed as an amendment to NDAA several years ago).
Over 700 amendments have been offered to the Senate bill, which we are currently reviewing.
Federal Register Notices:
U.S. Customs & Border Protection: De Minimis & Informal Entry
On June 24th, CBP published two Interim Final Rules in connection with its implementation of the suspension of the “De Minimis” Exemption for imports valued at less than $800. The first amends current regulations dealing with international mail shipments (while also establishing a new informal entry process for those shipments). The second addresses those low value shipments arriving through all other modes of importation (e.g., express consignment). The latter rule was issued with immediate effect, while the new regulations applicable to postal shipments will not take effect until July 24th. CBP has invited the submission of public comments on each of these rulemakings by July 24th.
In addition to the De Minimis regulations, CBP has also announced its intent to conduct a test of a new electronic informal entry type for merchandise entering the United States via international mail. The test is scheduled to commence on September 22nd. Full details of the program, including thresholds for eligibility, are available here. We expect further information regarding the test will be forthcoming during the COAC meeting scheduled for mid-July.
The hearing focused on three key areas: digital piracy and site-blocking legislation, artificial intelligence and copyright, and the performance of the Copyright Office.
The hearing featured remarks from Senators Thom Tillis (R-NC), Adam Schiff (D-CA), Marsha Blackburn (R-TN), Mazie Hirono (D-HI), Chris Coons (D-DE), and Peter Welch (D-VT), as well as testimony from Ms. Shira Perlmutter, the Register of Copyrights.
Several bills merit monitoring: the Block BEARD Act (site-blocking via no-fault injunction), the TRAIN Act (AI training disclosure requirements), and potential legislation on right to repair.
Senate Judiciary – Subcommittee on Privacy, Technology & the Law:
The subcommittee hearing, held in the wake of recent litigation in California and New Mexico seeking to hold online platforms accountable under state laws related to consumer protection and product design.
Much of the discussion was focused on what actions should be considered by Congress to address the potential harms – particularly with respect to children – that might arise as a result of using social media platforms.
Senators from both sides of the aisle were vocal about their concerns with the current legal framework, with several expressing support for the reform or repeal of Section 230, which has largely insulated online service providers from liability for user-generated content. Some also highlighted their support for the Kids Online Safety Act S. 1748, a bill sponsored by Chair Blackburn, and co-sponsored by 75 other Senators.
The hearing covered a variety of ongoing and emerging concerns related to IP protection and enforcement in the online environment, including digital piracy and counterfeiting in the e-commerce ecosystem, the effectiveness of judicial site blocking, NIL issues, including the rise of AI-generated deepfakes and digital replicas, and the use of copyrighted works for AI training.
Witnesses included:
Sean Astin (SAG-AFTRA): Urged for federal protection against non-consensual digital replicas, emphasizing the importance of consent and personal identity.
Chris Floyd (Amblin Entertainment): Stressed the economic harm of piracy and advocated for site blocking and the No Fakes Act.
Steve Francis (IP House): Described the global scale of IP crime and the need for stronger enforcement tools.
Christopher Moore (Software & Information Industry Association): Supported digital replica rights but called for careful guardrails on site blocking and AI regulation.
Dr. Bama Viswanathan (Suffolk Law): Advocated for new rights and enforcement mechanisms, including licensing for AI training.
Notable quotes
“Consumer products used to be bought almost exclusively in stores with the occasional counterfeit handbag on the street today. Harmful, counterfeit products like exploding batteries, toxic baby cream and asbestos laden crayons can be bought often, usually unwittingly by consumers online, and they arrive at their doorsteps in a matter of hours.” Rep. Jamie Raskin, Ranking Member of the Full Committee, speaking about the evolution of the counterfeiting trade since the dawn of the internet.
“Are we looking at customs – in the broadest sense – having to be expanded to include intangible?” Rep. Darrell Issa, Chairman – IP Subcommittee, speaking to the need for updated “border enforcement” tools to address digital trafficking.
International AntiCounterfeiting Coalition, 727 15th Street NW, 9th Floor, Washington, District of Columbia 20005, United States
