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Joint Strategic Plan on Intellectual Property Enforcement SECTION 4 property policy, through its teams of policy experts in all areas of IP, including patents, trademarks, copyrights, trade secrets and enforcement. 14 OPIA coordinates policy positions taken by the USPTO for the Office of the Under Secretary and Director, working with other components of the USPTO as relevant. OPIA provides leadership and expertise in international negotiations for the United States on nontrade related intellectual property matters, including at the World Intellectual Property Organization, and serves as advisors to USTR in trade negotiations. It also provides intellectual property training and education through its Global Intellectual Property Academy, economic research through its Office of Chief Economist, and legislative development through its Office of Governmental Affairs. These efforts are further advanced by its Intellectual Property Attaché Program, which stations IP experts in U.S. embassies, consulates and missions around the world who work to improve IP systems internationally for the benefit of U.S. stakeholders. 15 The Office of Policy and International Affairs, within the Copyright Office, assists the head of the Copyright Office (the Register of Copyrights) with domestic and international policy analyses, legislative support, and trade negotiations. It also represents the Copyright Office at meetings of government officials concerned with the international aspects of copyright protection. 16 International cooperation on enforcement between the specialized U.S. offices focused on IP and their foreign counterparts is an important component of U.S. enforcement strategy, whether it be to share and promote best practices for IP enforcement or to support foreign IPOs’ efforts to serve as catalysts for policy review across their governments to help make IPRrelated improvements in enforcement as warranted. Coordination at the policy and law enforcement operational levels—combined with specialized offices working in tandem with other government offices with broader mandates—ensures a comprehensive, coherent government approach to effective IP enforcement domestically and abroad. Opportunities exist to promote, expand and further support these models in the United States, as well as in other countries. By promoting and supporting modern governmental frameworks for IPR enforcement, the United States and other countries may more effectively work to minimize weaknesses in the global IP enforcement regime, increase the effectiveness of IPR enforcement activities, and remain responsive to rapidly changing environments and criminal tactics. ACTION NO. 4.1: Promote domestic support of “Whole of Government” and “Specialized Office” approaches to IPR protection and enforcement. The U.S. Interagency Strategic Planning Committees on IP Enforcement will explore opportunities for enhanced support and expanded adoption of the discussed “Whole of Government” and “Specialized Office” approaches to IPR protection and enforcement both within the Federal Government and by State governments. The U.S. Interagency Strategic Planning Committees on IP Enforcement will identify opportunities to promote, enhance support for, and/or expand these organizational models domestically. In identifying such opportunities, due consideration will be given to steps requisite to implement the recommended approach, and what Federal or state resources are available to support successful deployment of the “Whole of Government” model. ACTION NO. 4.2: Promote and support foreign governments’ adoption of “Whole of Government” and “Specialized Office” approaches to IPR protection and enforcement. IPEC will coordinate with the other offices and agencies of the Federal government who serve on the U.S. Interagency Strategic Planning Committees on IP Enforcement to identify opportunities to actively promote abroad, where appropriate, the “Whole of Government” and “Specialized Office” approaches to IPR protection and enforcement, exploring appropriate opportunities for enhanced support and expanded adoption by trading partners. The Committees will consider opportunities to work with foreign governments as well as with regional, international, and non-governmental organizations (NGOs), and industry associations to promote these approaches as best practices for the enforcement of IPR worldwide. 128
Office of the Intellectual Property Enforcement Coordinator B. ENHANCE CAPACITY-BUILDING, OUTREACH, AND TRAINING PROGRAMS ON INTELLECTUAL PROPERTY <strong>ENFORCEMENT</strong> IN OTHER COUNTRIES. As described in more detail in the opening pages of this Strategic Plan, illicit IP-based activities stretch across the globe and are not confined within national boundaries. For example, traffickers of counterfeit goods may manufacture fakes in one country, exploit another country for purposes of transiting and re-labeling the counterfeit goods, and target numerous other countries as markets for consumption. Actions that unlawfully exploit copyrighted content or patents, or misappropriate trade secrets, often have an international footprint as well. The global nature of these and other IP-based illicit activities necessitates an IPR strategy that involves enhanced international collaboration, including supporting the capabilities of other governments to engage in effective IP enforcement. For the reasons outlined in this Strategic Plan, the adequate and effective protection of intellectual property rights is an important priority in U.S. economic foreign policy. Transparent and effective intellectual property systems provide stable expectations that facilitate foreign direct investment and trade in the kinds of products and services that result in voluntary transfer of technology and skills. The United States Government is continuously working with foreign countries, as appropriate, to address specific deficiencies or embrace best practices in intellectual property protection. This engagement ranges from formal economic dialogues to collaboration in multilateral organizations to bilateral work through our Embassies and foreign commercial services officers or Department attaches all over the world. Different countries face different challenges and opportunities, and U.S. economic engagement is tailored to our broader relationship with each country. A deliberate and strategic approach to capacitybuilding, outreach, and training is a necessary ingredient for the U.S. Government’s international engagement to be effective in strengthening the abilities of other countries to meaningfully protect IPR. The discussion of how to promote this coordination within foreign governments abroad should be understood in the context of (i) a Capacity-Building Assessment, comprised of a comprehensive evaluation (on a country-by-country, regional, or other basis that reflects domestic priorities) of the specific nature and severity of the impediments to effective IPR protection; and (ii) a Capacity-Building Plan that prioritizes and outlines the forms of international support that the U.S. Government should undertake in relation to capacity-building. A review of capacity-building, outreach, and training efforts during the two years immediately preceding this Plan 17 revealed that opportunities exist to continue to better understand and evolve how U.S. collaboration may be most effective in the short- and long-term. At the most fundamental level, IP-related Capacity- Building exercises are carried out with the objective to help enhance a country’s operational effectiveness in IPR protection and enforcement, as well as forward-looking discussions and consultations that assist governments upon request as they contemplate new laws, regulations, or policies, as appropriate. FIG. 60 CAPACITY- BUILDING ASSESSMENT Prepare a comprehensive evaluation of impediments to effective IPR protection by identifying specific challenges and the severity of the challenges. CAPACITY- BUILDING PLAN Prepare a plan that prioritizes concrete actions by country or region and outlines the forms of international engagement that U.S. Government should undertake. SECTION 4 129
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