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Joint Strategic Plan on Intellectual Property Enforcement 3. Address the Surge of Small Parcels in the Express Consignment and International Mail Environments. Economic globalization, especially with the fast growing e-commerce sector, is creating increases in supply and demand while simultaneously accelerating the flow of capital and goods around the world. These same forces put a strain on international mail and express shipments, collectively referred to as “small parcels,” as they are becoming increasingly exploited to commit fraud and illicit activity. In fact, as of 2015, the express environment now accounts for over half of all U.S. IPR-related seizures. 6 The large and growing number of small parcels moving daily through international mail and express facilities present challenges to law enforcement in the fight against counterfeiting and piracy. These highvolume, often low-value, shipments place a tremendous burden on CBP resources, potentially impacting the agency’s ability to intercept additional or higher-value shipments. Although express consignment shipments FIG. 48: IPR-Violative Shipments Seized by Mode of Transportation. 7 generally contain a smaller piece count with a lower value than containerized cargo, they nonetheless are subject at this time to the same seizure and forfeiture procedures as larger cargo shipments. Source: Department of Homeland Security, CBP FIG. 49: CBP’s Existing 25-Point IPR Seizure Process. 8 SECTION 3 96
Office of the Intellectual Property Enforcement Coordinator With each small parcel seizure costing the U.S. Government hundreds of dollars, improved or alternative methods of interdiction are critical to efficient customs processes. 9 A number of different methods may identify improvements to interdiction practices. However, it may be helpful to consider process optimization in the small parcel environments as involving the interplay of at least the following three areas of focus: (i) a strategy to identify opportunities to improve dayto-day operational efficiencies; (ii) an institutional commitment to pursuing operational innovation; and (iii) the adoption of advanced technological solutions and the application of computer science techniques to leverage insights and trends from “big data.” The importance of advanced technological solutions compels that we treat it as a stand-alone third prong so that it may be fully developed in a strategic manner. However, it is acknowledged that these technology-based solutions must be fully integrated in both operational models. General improvements in “operational efficiency”— also referred to as “operational excellence”— should not be confused with “operational innovation.” Operational innovation facilitates entirely new ways of carrying out activities that an entity performs. Operational efficiency, on the other hand, utilizes existing modes of operation to achieve higher performance but without fundamentally changing how that work gets accomplished. See Michael Hammer, Michael, “Deep Change: How Operational Innovation Can Transform Your Company,” Harvard Business Review, (April 2004). Operational Efficiency. There exist opportunities to pursue enhanced operational efficiencies to significantly streamline Custom’s lengthy and time-consuming seizure process (FIG 49). To reflect the shift in international shipping from ocean shipping containers to small parcels, many of the authorities currently in place must be reviewed to determine how they may be dynamically applied to current and anticipated shipping practices. Interdiction and seizure procedures should be continually assessed in order to identify and eliminate inefficiencies on a timely basis. The express consignment and international mail environments are not static and, as a result, processes should be reviewed periodically to avoid outdated procedures that could result in productivity gaps. Accordingly, an opportunity exists for CBP to engage in an agency-wide strategy setting exercise to examine routine processes and procedures, and identify opportunities to simplify each segment within the interdiction and seizure framework, including with assistance of advanced technological solutions to minimize “frontline” parcel touch-points and “back office” administrative processing. To the extent that solutions may not be fully implemented due to perceived limitations and obstacles—including, for example, the need for legislative or regulatory reform—those constraints may be shared with the IPEC for further consideration. Additionally, CBP, in consultation with the Office of Management and Budget (OMB), IPEC, and other interested Federal agencies, must also consider whether CBP staffing levels and user fees for customs inspection services are sufficient to meet the demands of current and anticipated shipping trends and risk analysis. Staffing and user fee funding appropriately aligned with current shipping trends and risk determinations would help prevent illicit goods from entering the marketplace and enable stakeholders to optimally align deterrence efforts. Operational Innovation. As a result of the dynamic shift to small parcels as a favored method to move illicit merchandise, customs authorities (domestically and internationally) must rethink critical dimensions of the work performed, and assess all opportunities to implement innovative new ways of carrying out their respective mandates. As one example of operational innovation, in FY 2015, CBP began exploring an alternative to the traditional, full seizure process in an effort to prevent more small parcels with counterfeit and piratical merchandise from entering the United States. Specifically, CBP collaborated with its express consignment industry partners to develop a simplified IPR enforcement process in the express consignment environment through which CBP would offer the importer and the U.S. consignee an option to voluntarily abandon a shipment suspected of containing counterfeit or pirated goods. 10 SECTION 3 97
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U.S. JOINT STRATEGIC PLAN ON INTELL
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B. In Furtherance of a Healthy Doma
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PREAMBLE A Reflection on Creativity
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INTRODUCTION IP-intensive industrie
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1 THE GLOBAL SCALE OF INTELLECTUAL
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ACKNOWLEDGEMENTS With thanks to, an
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