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ENFORCEMENT

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INTRODUCTION<br />

Today’s IP enforcement environment is experiencing<br />

accelerated change brought about by fast-paced<br />

technological innovation, changes in methods of doing<br />

business and globalization. Strategies that served a country<br />

well in the past may be ill-suited to addressing new IP<br />

enforcement challenges. This section of the Strategic Plan<br />

identifies opportunities to refine elements of administrative<br />

frameworks and policies that promote effective IP<br />

enforcement, both in the United States and abroad.<br />

A. PROMOTE GOVERNMENTAL FRAMEWORKS FOR<br />

COORDINATED AND EFFECTIVE IP <strong>ENFORCEMENT</strong>.<br />

Illicit actors, including sophisticated transnational<br />

criminal organizations (TCOs), are realizing unlawful<br />

profits by exploiting weaknesses in IP enforcement<br />

regimes around the globe. They target and<br />

misappropriate trade secrets; exploit copyrighted<br />

content online; and move counterfeit, infringing and<br />

pirated merchandise across borders, all to the detriment<br />

of the artist, the innovator, and the creative and<br />

innovative industries at-large. Those actors engaging in<br />

IP-based illicit activity can take advantage of outdated,<br />

siloed government organizational structures that are<br />

often unable to monitor and respond effectively to<br />

rapidly changing environments and criminal tactics.<br />

Our global environment, marked by increased<br />

international trade and a borderless online environment,<br />

creates an opportunity for IP enforcement entities,<br />

domestically and abroad, to assess the effectiveness and<br />

efficiency of their respective organizational structures<br />

and capabilities. Such strategic assessments ought to<br />

examine how the entity is organized to be responsive<br />

to, and stay ahead, of an ever changing enforcement<br />

environment. They may consider how the entity fashions<br />

itself to enable it to more successfully achieve its IPenforcement<br />

goals and obligations under law.<br />

Outdated organizational structures invariably<br />

become stale, resulting in significant inefficiencies and<br />

an institutional unwillingness—and sometimes inability—<br />

to press for the adoption of better practices to realize<br />

larger-scale achievements. As with the private sector,<br />

public institutions must not only develop competencies,<br />

but they must also strive continually to renew and<br />

SECTION 4<br />

121

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