Despite this, he suggests more could be done. “Congress could go farther by creating an explicit ‘safe harbour’ in the Trade Secrets Act for Customs & Border Protection. Such a safe harbour could permit disclosure of information and samples to trademark owners irrespective of liability under the Trade Secrets Act or disclosure pursuant to the Freedom of Information Act. The disclosure should be construed to extend only to the rights holders, consonant with the purposes of the statutory and regulatory scheme.”
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