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Senior Advisory Committee Established pursuant to Executive Order 13565 The Senior Advisory Committee is a cabinet-level committee that advises the IPEC, and is tasked with facilitating the formation and implementation of the Joint Strategic Plan. The designated departments and offices are represented on the committee by the corresponding head (or deputy head) of office. This Joint Strategic Plan was developed with the support of leadership from the following entities: 1. Department of State; 2. Department of the Treasury; 3. Department of Justice; 4. Department of Agriculture; 5. Department of Commerce; 6. Department of Health and Human Services; 7. Department of Homeland Security; 8. Office of Management and Budget; and 9. Office of the U.S. Trade Representative. IP Enforcement Advisory Committee Established pursuant to 15 U.S.C. § 8111(b)(3) and Executive Order 13565 The IP Enforcement Advisory Committee is a subcabinet level committee charged with the development of the Joint Strategic Plan. The committee is composed of Senate-confirmed representatives, who are assigned by the respective heads of their designated departments, offices, and agencies. Per the statute and the executive order, this Joint Strategic Plan was developed with participation and contribution from committee members representing the following entities: 1. Office of Management and Budget; 2. Relevant units within the Department of Justice, including the Criminal Division, the Civil Division, and the Federal Bureau of Investigation; 3. The U.S. Patent and Trademark Office, the International Trade Administration, and other relevant units of the Department of Commerce; 4. Office of the U.S. Trade Representative; 5. Department of State, including the Bureau of Economic, Energy, and Business Affairs, the U.S. Agency for International Development, and the Bureau of International Narcotics and Law Enforcement Affairs; 6. Department of Homeland Security, including U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement; 7. The Food and Drug Administration of the Department of Health and Human Services; 8. Department of Agriculture; 9. Department of the Treasury; and 10. U.S. Copyright Office. EXECUTIVE SUMMARY 4
MESSAGE FROM THE INTELLECTUAL PROPERTY <strong>ENFORCEMENT</strong> COORDINATOR, AND CHAIR OF THE U.S. INTERAGENCY STRATEGIC PLANNING COMMITTEES Photo credit: Ralph Alswang I have been honored to serve as the Intellectual Property Enforcement Coordinator, and as Chair of the U.S. Interagency Strategic Planning Committees on IP Enforcement. On behalf of the Office, and the Federal partners represented on the interagency committees, I am pleased to present the Joint Strategic Plan on Intellectual Property Enforcement (FY 2017-2019), titled “SUPPORTING INNOVATION, CREATIVITY & ENTERPRISE: CHARTING A PATH AHEAD.” The Strategic Plan is a blueprint for the work to be carried out over the next three years by the Federal Government—with opportunities for state and local governments, governments around the world, and the private sector—in support of a healthy and robust intellectual property enforcement policy environment. It starts with an acknowledgement and celebration of the extraordinarily important role that the creative and innovative communities play in our cultural and economic lives: supporting over 45 million U.S. jobs, more than 50 percent of our exports, and incentivizing all forms of dynamic and enriching creative expression. The mission of the Federal Government in supporting creativity, innovation, and enterprise through the effective enforcement of intellectual property rights must be ambitious. The threats posed by patent, trademark, and copyright infringement, and the misappropriation of trade secrets, are real and multidimensional. Our work must be carried forward with a sense of urgency in order to minimize these threats and the often overlooked attendant harms that flow from IP-based illicit activities. The protection of intellectual property rights is about promoting economic prosperity and supporting jobs; opening new markets for U.S. goods and services; and fostering innovation and investments in research and development. It is also about standing up for our values at home and abroad. Trade in counterfeit goods, for example, compromises the integrity of domestic and global supply chains, and creates significant public health and safety risks for our citizens. Illicit trade also subverts human rights through reliance on forced and even child labor, and endangers the environment through irresponsible manufacturing and disposal practices. These and other illicit IP-related acts also undermine national security interests when, for example, sensitive trade secrets are targeted for misappropriation; or counterfeit goods enter critical private or governmental supply chains; or when these illicit activities financially support transnational organized crime networks. These threats are not limited to a single industry, nor do they fall under the purview of a single government agency or even a single country. They are cross-cutting in scope and global in scale. To address these and other concerns, the Strategic Plan lays out four primary, overarching goals during FY 2017-2019: (1) to enhance National understanding of the economic and social impacts flowing from the misappropriation of trade secrets and the infringement of intellectual property rights; (2) to promote a safe and secure Internet by minimizing counterfeiting and IP-infringing activity online; (3) to secure and facilitate lawful trade; and (4) to enhance domestic strategies and global collaboration in support of an effective IP regime. The Strategic Plan has been prepared to go beyond a compilation of abstract goals or objectives, placing heightened importance on the need for a detailed assessment of the challenges faced by creative, innovative, and law enforcement communities, domestically and overseas, with respect to IPR enforcement. By adding increased attention on the specific dimensions of the evolving IP enforcement challenges before us, we may better advance the development of narrowly-tailored, but strategically-aligned, solutions in the months and years to come. As such, this Strategic Plan represents the beginning of a continuous process, and not the culmination of one. This Strategic Plan represents a “call for action” for all nations—as well as international organizations, industry, educational institutions, and consumer protection and public interest groups—to provide forward-thinking leadership and a collaborative approach to combatting illicit IP-based activities. Together, we can enhance our enforcement programs and policies for the modern era, and ensure that collective efforts to curb illicit trade in counterfeit and pirated goods, online commercial piracy, trade secret theft, and other acts of IP infringement are maintained as a top priority. EXECUTIVE SUMMARY Daniel H. Marti Intellectual Property Enforcement Coordinator, Executive Office of the President 5
Page 1: U.S. JOINT STRATEGIC PLAN ON INTELL
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ENDNOTES Office of the Intellectual
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SECTION 4 CONTENTS PROMOTE FRAMEWOR
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ACKNOWLEDGEMENTS With thanks to, an
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