ENFORCEMENT

Recommendations

Info

Joint Strategic Plan on Intellectual Property Enforcement unknowingly) from the trade in counterfeit and pirated goods, and partner with these entities to pass costs onto the infringers. The policy focus is two-fold: to minimize costs borne by taxpayers and right holders and, equally as important, to identify opportunities to implement policies that dis-incentivize practices that may support illicit trade in counterfeit goods, while incentivizing the adoption of best practices to increase accountability in the global shipping trade. The aim is to have the infringers held liable for storage and destruction costs and, whenever the identity of the infringer is unknown or the infringer refuses to pay such costs, to encourage and empower “economic operators” involved in the trade in infringing goods, such as carriers, to pass the costs onto the infringer by way of existing contractual relationships. 39 Incentivizing Carriers to Address Costs Associated with Violative Shipments from their Customers United States. Consideration will be given to opportunities to develop voluntary practices with shippers to curb counterfeiters’ abuse of their transport networks, including by way of an assessment of, for example, the role of enhanced due diligence and “Know Your Customer” processes, especially for new exporters in problem markets with little to no trading history. ACTION NO. 3.27: Engagement with international community to consider measures to hold responsible entities accountable. The U.S. Interagency Strategy Planning Committees on IP Enforcement, along with other interested Federal offices and agencies, will consider opportunities for appropriate bilateral and multilateral dialogue, including in international fora such as the WCO, to promote a global approach to more effectively shifting costs to the illicit trader, working with transportation intermediaries to identify opportunities to promote exporter accountability. SECTION 3 Carriers have a contractual relationship with, and financially benefit from, the entity (i.e., exporter, importer-of-record, etc.) engaged in illicit trade. These intermediaries are well positioned to pass costs and penalties onto their respective customers by way of contractual obligations, including, for example, by imposition of fines, escrow and security deposits, and the like, especially on behalf of importers/exporters with no verifiable trade history. Stronger cooperation between governments, right holders, and intermediaries—including land, air, and sea transport operators—may facilitate the effective identification of entities engaged in illicit activity, as well as provide opportunities for cost recovery. ACTION NO. 3.26: Assess opportunities to shift storage and destruction costs to entities involved in the trade in infringing goods. DHS will assess the state of U.S. storage and destructions costs, and provide recommendations to the U.S. Interagency Strategy Planning Committees on IP Enforcement, and other appropriate Federal Government stakeholders, on how to shift the burden away from the Government (or rights holders) to the illicit trader that is directing the violative shipments into the 5. Dispose of Infringing Goods in an Environmentally-Friendly Manner. The growth in trade of counterfeit and pirated goods, coupled with the increasing effectiveness of customs authorities in detecting and confiscating infringing products, has given rise to new logistical and environmental dimensions as larger amounts of counterfeit goods are interdicted every year. The question of how to responsibly dispose of counterfeit items is particularly challenging with electronic, chemical, and pharmaceutical counterfeiting. 40 The storage and environmentally-sound disposal of large quantities of illicit goods in hundreds of locations around the world presents a logistical challenge for governments and customs administrations everywhere. There is increasing recognition of the need to dispose of these goods in a safe and environmentally-sensitive way, which is resulting in adoption of disposal and destruction procedures that are more technically complex, costly, and onerous for governments and rights holders. 41 The disposal of confiscated goods implicates two primary concerns: (1) the need to protect the IP owner and consumer alike from the existence of unlawful trade in fraudulent goods, while simultaneously depriving the 112
ENDNOTES Office of the Intellectual Property Enforcement Coordinator illicit trader or merchant of unwarranted profits; and (2) the need to manage the environmental impact of disposal of interdicted infringing goods. With respect to the first concern, disposal procedures must be effective and 100 percent secure to ensure that illicit goods are not re-introduced into the channels of commerce. 42 With respect to the second concern, disposal procedures must ensure that illicit goods are discarded or destroyed in a manner that mitigates risks and damage to the environment. Current disposal options include recycling, open air burning, shredding, crushing, burying in landfill sites, and donation to charities. The methods adopted depend on the nature of the goods requiring disposal as well as the availability of appropriate disposal facilities. In many cases, even where appropriate facilities exist, environmentallyfriendly disposal of counterfeits is complicated by the unknown origin and construction of components. 43 Minimizing the environmental impact of disposal requires specialized facilities, expertise, and high-level stakeholder collaboration. In 2012, a first-of-its-kind workshop was supported by the United Nations Environmental Programme (UNEP) and the World Intellectual Property Organization (WIPO). This workshop was a critical first step toward an innovative and mutually supportive partnership between the two agencies to help build environmentally sound disposal capacity in key source and destination countries through technical assistance, partnerships, and exchanges of best practices and experiences. 44 This engagement must be continued. infringing goods are held securely and do not migrate into channels of commerce; create risks to the public or the environment; or prejudice the fulfillment of other statutory requirements, including revenue collection. ACTION NO. 3.29: Educate IP enforcement professionals about storage and disposal options. DHS, in consultation with the USTR, Departments of State, Justice, and Agriculture, the Food and Drug Administration, and the Environmental Protection Agency and other relevant agencies, will develop training modules to raise awareness of options for the safe storage and disposal of seized counterfeit goods, with particular emphasis on pesticides, electronics, pharmaceuticals, and illegal drugs. DHS will consult with the International Trade Administration and Department of State to identify opportunities to share this training with international partners. ACTION NO. 3.28: Establish best practices for storage, destruction, and disposal of seized counterfeits. The U.S. Interagency Strategic Planning Committees on IP Enforcement will convene an interagency working group, including any additional appropriate Federal agencies, to develop standard operating procedures (SOPs) for storage, destruction, and disposal of seized counterfeits. These SOPs should focus on minimizing environmental impact without unduly burdening operational effectiveness and efficiency. The U.S. Interagency Strategy Planning Committees on IP Enforcement will also identify opportunities for Federal agencies to conduct pilot programs to recycle or reuse seized counterfeit goods. Recommended pilot programs will include appropriate safeguards to ensure that SECTION 3 113
Page 1:
U.S. JOINT STRATEGIC PLAN ON INTELL
Page 6 and 7:
B. In Furtherance of a Healthy Doma
Page 9:
PREAMBLE A Reflection on Creativity
Page 12 and 13:
Senior Advisory Committee Establish
Page 14 and 15:
INTRODUCTION IP-intensive industrie
Page 16 and 17:
EXECUTIVE SUMMARY Services, the Dep
Page 18 and 19:
While seeking to be thorough, the S
Page 20 and 21:
EXECUTIVE SUMMARY • Advertising B
Page 23 and 24:
1 THE GLOBAL SCALE OF INTELLECTUAL
Page 25 and 26:
INTRODUCTION The story of intellect
Page 27 and 28:
Office of the Intellectual Property
Page 29 and 30:
Page 31 and 32:
« Office of the Intellectual Prope
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65:
Page 68 and 69:
SECTION 2 CONTENTS HELPING TO PROMO
Page 70 and 71: Joint Strategic Plan on Intellectua
Page 99 and 100: 3 SECURE AND FACILITATE LEGITIMATE
Page 101 and 102: INTRODUCTION U.S. and international
Page 103 and 104: Office of the Intellectual Property
Page 119: Office of the Intellectual Property
Page 125: Office of the Intellectual Property
Page 128 and 129: SECTION 4 CONTENTS PROMOTE FRAMEWOR
Page 162 and 163: ACKNOWLEDGEMENTS With thanks to, an
show all

ENFORCEMENT

Create successful ePaper yourself

Delete template?

Save as template?