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Joint Strategic Plan on Intellectual Property Enforcement FIG. 53: Example of Container Port Throughput Profile in 2015; Top 20 Ports in Latin American & the Caribbean. 29 Ports Ranking The Top 20 in Latin America and the Caribbean in 2015 ECLAC updates every year its ranking of container port throughput, which shows the cargo volume in containers in 120 ports of the region, based on data obtained directly from port authorities and terminal operators. In 2015 this activity grew 1.7%, with a total volume of approximately 48 million TEU. This infographic displays the first 20 ports of the ranking. Manzanillo Mexico Lazaro Cardenas Mexico TEU (A standard unit of measurement, equivalent to a container of 20 feet, or 6.25 meters) more than 3 million TEU between 2 and 3 million TEU between 1 and 2 million TEU between 700 thousand and 1 million TEU 5 2.458.135 TEU 14 1.068.747 Balboa Panama 15 931.613 Limon-Moin Costa Rica Buenaventura Colombia Veracruz Mexico Guayaquil Ecuador Callao Peru Valparaiso Chile 13 1.108.573 7 8 1.653.272 3 3.294.113 TEU 1.764.937 San Antonio Chile 6 10 1.400.000 2 3.577.427 TEU 1.900.444 16 911.533 4 2.606.945 TEU 12 17 1.170.184 18 826.935 902.542 Freeport Bahamas 11 1.210.503 9 1.433.053 19 811.297 Kingston Jamaica San Juan Puerto Rico 20 1 3.645.448 TEU 782.346 Buenos Aires Argentina Caucedo Dominican Republic Colon Panama Cartagena Colombia Santos Brazil Paranagua Brazil Montevideo Uruguay SECTION 3 Source: ECLAC, Maritime and Logistics Profile of Latin America and the Caribbean, May 2016. http://bit.ly/1IL0Rgy 108
Office of the Intellectual Property Enforcement Coordinator importers and rights holders. Likewise, legal options are preserved, allowing an importer to elect to have the case adjudicated in the judicial system. In-Transit Authority. Similarly, effective IP enforcement of transiting goods is critically important to preventing the diversion of infringing goods to neighboring countries. Some countries’ legal systems take a hands-off approach to goods transiting through or being transshipped at their POEs bound for final destinations elsewhere, even where strong indications of criminal activity are present. “To ensure that Customs have the tools necessary to fight effectively the growing problem of cross-border counterfeiting and piracy, it is of paramount importance that Customs have the ability to suspend counterfeit and pirated goods destined for export and goods which are in transit. Practical experience…demonstrates the importance of customs intervention also with respect to goods in transit.” Source: WCO, “Model Provisions for Model Provisions for National Legislation to Implement Fair and Effective Border Measures Within one year of the issuance of this Plan, CBP and ICE, in consultation with the Departments of Justice and State and the U.S. Trade Representative, will evaluate and report on the existence and implementation of in-transit customs authority worldwide. This global inventory of legal authorities and administration should include plans for regular Federal assessment and monitoring of global trading partners’ in-transit authority. ACTION NO. 3.22: Study the establishment of an alert protocol. Within two years of the issuance of this Plan, CBP will evaluate and report on the impact of allowing countries without in-transit authority to alert, possibly through the WCO’s Customs Enforcement Network, the destination country of suspected infringing goods destined for their borders. The report should include a discussion of the benefits to U.S. trade and economic interests of such an alert protocol. ACTION NO. 3.23: Promote global adoption of ex officio authority. Within one year of the issuance of this Plan, the IPEC will convene and chair a meeting of the U.S. Interagency Strategic Planning Committees on IP Enforcement to identify opportunities to promote ex officio authority in countries around the world. To properly enforce IPR for in-transit goods moving under customs control from country to country, trading partners must share the obligation to intercept goods, even if they are destined for consumption in a foreign country. Rarely do shipments of goods go directly from the country of manufacture to the country of importation, especially those moving in containerized cargo. Rather, they transverse multiple jurisdictions on their journey to the consumer. Hong Kong and Turkey are prime examples of countries that see a significant volume of goods transiting through their countries. 30 While a good portion of this trade is legal, a global standard on the enforcement of IPR for in-transit goods must be developed. ACTION NO. 3.21: Study the ability of customs administrations around the world to intercept in-transit goods, inspect suspicious merchandise, and seize infringing goods. 2. Curb Illegal Operations Within Free Trade Zones. Governments are increasingly facilitating trade and economic development by creating FTZs, which are free trading jurisdictions within a country characterized by relaxed customs controls, exemptions from import duties and taxes, and simplified administrative procedures. FTZs stimulate a multitude of economic benefits for the host country, including increased trade, new domestic business formation and employment, access to foreign investment, and enhanced opportunities for technology transfer. 31 While FTZs are good for and strongly support international trade and development, their proliferation has also attracted the interest of criminal actors that take advantage of the relaxed oversight and softened customs controls to manufacture and distribute counterfeit goods. 32 These bad actors typically use FTZs to carry out at least one of three different types of illegal operations: SECTION 3 109
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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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EXECUTIVE SUMMARY Services, the Dep
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INTRODUCTION The story of intellect
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