ENFORCEMENT

Recommendations

Info

Joint Strategic Plan on Intellectual Property Enforcement 87 See United Nations Office on Drugs and Crime, “Focus On: The Illicit Trafficking of Counterfeit Goods and Transnational Organized Crime,” accessed from https://www.unodc.org/ documents/counterfeit/FocusSheet/Counterfeit_focussheet_ EN_HIRES.pdf. 88 See, e.g., United States Department of Homeland Security, Customs and Border Protection, “CBP Office of Trade—IPR Division: Hoverboard Enforcement Update, June 2016,” accessed from https://www.cbp.gov/sites/default/files/assets/documents/2016-Jul/2016_06_Hoverboard%20Enforcement%20 Update.pdf. 89 See, e.g., United States Department of Homeland Security, Customs and Border Protection, “Intellectual Property Rights Seizure Statistics - Fiscal Year 2013,” accessed from https:// www.cbp.gov/sites/default/files/documents/ipr_annual_report_2013_072414%20Final.pdf. 90 The Economist, “Fake Pharmaceuticals - Bad Medicine: The World’s Drug Supply Is Global. Governments Have Failed To Keep Up” (October 13, 2012), accessed from http://www.economist.com/node/21564546. 91 See National Intellectual Property Rights Coordination Center, “Intellectual Property Rights Violations: A Report on Threats to United States Interests at Home and Abroad,” (November 2011) at p.30, accessed from https://www.iprcenter.gov/reports/ ipr-center-reports/IPR%20Center%20Threat%20Report%20 and%20Survey.pdf/view. 92 United States Food and Drug Administration, “Testimony of Howard Sklamberg before the Committee on Energy and Commerce Subcommittee on Oversight and Investigations,” (February 27, 2014), accessed from http://www.fda.gov/NewsEvents/Testimony/ucm387449.htm. 99 See INTERPOL, “Operations—Pangea VIII” (June 2015), accessed from http://www. interpol.int/Crime-areas/Pharmaceutical-crime/Operations/Operation-Pangea. The U.S. National Intellectual Property Rights Center coordinated with INTERPOL to support Operation Pangea, an effort that brought together 115 countries and 236 agencies to combat the sale of illegal medicines online. 100 Office of the United States Trade Representative, “2016 Special 301 Report,” (April 2016) at p.17, accessed from https:// ustr.gov/sites/default/files/USTR-2016-Special-301-Report.pdf. 101 See INTERPOL, “Operations—Pangea VIII” (June 2015), accessed from http://www. interpol.int/Crime-areas/Pharmaceutical-crime/Operations/Operation-Pangea. See also United States Food and Drug Administration, “BeSafeRX: Know Your Online Pharmacy,” accessed from http://www.fda.gov/drugs/ resourcesforyou/consumers/buyingusingmedicinesafely/buyingmedicinesovertheinternet/besaferxknowyouronlinepharmacy/ default.htm; The Center for Safe Internet Pharmacies, “The Internet Pharmacy Market in 2016” (January 2016), accessed from https://safemedsonline.org/wp-content/uploads/2016/01/ The-Internet-Pharmacy-Market-in-2016.pdf. 102 See United States Food and Drug Administration, “FDA Unit Pursues Illegal Web Pharmacies” (January 15, 2014), accessed from http://www.fda.gov/ForConsumers/ConsumerUpdates/ ucm381534.htm. See also The Center for Safe Internet Pharmacies, “The Internet Pharmacy Market in 2016” (January 2016), accessed from http://www.safemedsonline.org/wp-content/uploads/2016/01/The-Internet-Pharmacy-Market-in-2016.pdf. 103 See National Association of Boards of Pharmacy, “Internet Drug Outlet Identification Program” (July 2013), accessed from https://awarerx.s3.amazonaws.com/system/redactor_assets/documents/237/NABP_Internet_Drug_Outlet_Report_July2013.pdf. SECTION 1 93 Reichelt, Kevin M., International Intellectual Property Institute, “Avoiding Counterfeit Goods: A How-To Guide for Consumers,” accessed from http://iipi.org/wp-content/uploads/2010/07/Identifying_Counterfeit_Goods_-_A_Guide_for_ Consumers.pdf. Boric acid is a monobasic Lewis acid of boron often used as a pesticide. It can cause gastrointestinal problems and renal failure. 94 See INTERPOL, “Pharmaceutical Crime Operations: “Operation Pangea,” accessed from http://www.interpol.int/Crime-areas/Pharmaceutical-crime/Operations 95 Reichelt, Kevin M., International Intellectual Property Institute, “Avoiding Counterfeit Goods: A How-To Guide for Consumers,” accessed from http://iipi.org/wp-content/ uploads/2010/07/Identifying_Counterfeit_Goods_-_A_Guide_ for_Consumers.pdf; Somra, Gene, “Patients fooled by fake drugs made with poison and brick dust,” (CNN.com: August 30, 2015), accessed from http://www.cnn.com/2015/08/30/asia/ pakistan-fake-drugs/. 96 2008 OECD Report at p.68. 97 See World Health Organization, “Fact Sheet: Substandard, spurious, falsely labelled, falsified and counterfeit (SSFFC) medical products,” (Updated January 2016), accessed from http:// www.who.int/mediacentre/factsheets/fs275/en/. 98 See World Health Organization, “Fact Sheet: Substandard, spurious, falsely labelled, falsified and counterfeit (SSFFC) medical products” (Updated January 2016), accessed from http:// www.who.int/mediacentre/factsheets/fs275/en/. 104 See United States Department of Homeland Security, “Intellectual Property Rights Center warns of counterfeit auto parts,” (October 2, 2014), accessed from https://www.ice.gov/ news/releases/intellectual-property-rights-center-warns-counterfeit-auto-parts. 105 See United States Department of Transportation, National Highway Traffic Safety Administration (NHTSA), “Safety Advisory: NHTSA Alerting Consumers to Dangers of Counterfeit Air Bags” (NHTSA 42-12: October 10, 2012), accessed from http://www.nhtsa.gov/About+NHTSA/Press+Releases/2012/ Safety+Advisory:+NHTSA+Alerting+Consumers+to+Dangers+of+Counterfeit+Air+Bags. See also NHTSA, “Counterfeit Air Bags Information,” accessed from http://www.safercar.gov/ Vehicle+Shoppers/Air+Bags/Counterfeit+Air+Bags+General+Information. 106 See United States Department of Homeland Security, “Intellectual Property Rights Center warns of counterfeit auto parts,” (October 2, 2014), accessed from https://www.ice.gov/ news/releases/intellectual-property-rights-center-warns-counterfeit-auto-parts. 107 See United States Department of Homeland Security, “Intellectual Property Rights Center warns of counterfeit auto parts,” (October 2, 2014), accessed from https://www.ice.gov/ news/releases/intellectual-property-rights-center-warns-counterfeit-auto-parts. 108 See United States Department of Homeland Security, “Intellectual Property Rights Center warns of counterfeit auto parts,” (October 2, 2014) (noting that the “use of illegal 52
Office of the Intellectual Property Enforcement Coordinator counterfeit automotive parts is increasing in the United States,” and that the trend line is “growing at an alarming rate”), accessed from https://www.ice.gov/news/releases/intellectual-property-rights-center-warns-counterfeit-auto-parts. 109 United States Department of Homeland Security, Customs and Border Protection, “CBP Seizes Thousands of Counterfeit Auto Parts at Port Everglades,” (May 15, 2015), accessed from https://www.cbp.gov/newsroom/local-media-release/2015-05-15-000000/cbp-seizes-thousands-counterfeitauto-parts-port. 110 See United Nations Office on Drugs and Crime, “Counterfeit Products,” (2010) at p.174., accessed from https://www. unodc.org/documents/data-and-analysis/tocta/8.Counterfeit_products.pdf. 111 See European Commission, DG Health and Food Safety, “Ad-hoc Study on the Trade of Illegal and Counterfeit Pesticides in the EU” (March 2015) (estimating counterfeit pesticides constitute up to 10% of Europe’s crop protection market), accessed from https://croplife.org/wp-content/uploads/pdf_files/ DG-Health-Food-Safety-study-on-the-trade-of-illegal-and-counterfeit-pesticides-in-the-EU-March-2015.pdf; Organization for Security and Co-operation in Europe (OSCE), “Counteraction to Counterfeit and Contraband Pesticides” (2015) (reporting that “[c]ounterfeit pesticides are estimated to be as high as 25% of the global pesticide market” with profitability in counterfeit pesticide trade making “it one of the top ten most lucrative organized crime businesses”), accessed from http://www.osce. org/secretariat/192516?download=true. See also Federation of Indian Chambers of Commerce and Industry (FICCI), “Study On Substandard, Spurious/Counterfeit Pesticides in India” (2015) (estimating trade in counterfeit pesticides in India at approximately USD 525 million per year, resulting in more than 10 million tons of food production loss each year), accessed from https://croplife. org/wp-content/uploads/2015/10/Study-on-sub-standard-spurious-counterfeit-pesticides-in-India.pdf. 112 See Organization for Economic Co-operation and Development, “The Economic Impact of Counterfeiting and Piracy: Executive Summary,” (2007) at p.17, accessed from https:// www.oecd.org/sti/38707619.pdf. 113 See Europol and the Office for Harmonization in the Internal Market, “2015 Situation Report on Counterfeiting in the European Union” (2015) at p.26, accessed from https://www. europol.europa.eu/sites/default/files/publications/2015situationreportoncounterfeiting.pdf. See also Europol, “Huge Seizures of 190 Tonnes of Counterfeit Pesticides” (December 18, 2015), accessed from https://www.europol.europa.eu/content/ huge-seizures-190-tonnes-counterfeit-pesticides. 114 See Europol, “Europol Warns of Growing Trade in Counterfeit Pesticides Worth Billions of Euros a Year,” accessed from https://www.europol.europa.eu/content/europol-warns-growing-trade-counterfeit-pesticides-worth-billions-euros-year. 115 See INTERPOL, “Environmental Crime and its Convergence with other Serious Crimes” (October 30, 2015), accessed from http://www.interpol.int/Media/Files/Crime-areas/Environmental-crime/INTERPOL-Strategic-Report-Environmental-Crime-and-its-Convergence-with-other-Serious-Crimes/. See also United Nations Office of Drugs and Crime, “Transnational Organized Crime in East Asia and the Pacific: A Threat Assessment,” (April 2013) at pp.ix,117, accessed from https:// www.unodc.org/documents/data-and-analysis/Studies/TOC- TA_EAP_web.pdf. 116 See INTERPOL, “Against Organized Crime: INTERPOL Trafficking And Counterfeiting Casebook 2014,” accessed from http://www.interpol.int/Media/Files/Crime-areas/Trafficking-in-Illicit-Goods/Against-Organized-Crime-INTERPOL-Trafficking-and-Counterfeiting-Casebook. 117 See United States Immigration and Customs Enforcement, “Michigan Computer Company, Owner Sentences for International Environmental and Counterfeiting Crimes,” (March 2013), accessed from https://www.ice.gov/news/releases/michigan-computer-company-owner-sentenced-international-environmental-and#wcm-survey-target-id. 118 See Soetgen, Judith, “Disposing of Counterfeit Goods: Unseen Challenges,” (WIPO Magazine: November 2012), accessed from http://www.wipo.int/wipo_magazine/en/2012/06/ article_0007.html. 119 See INTERPOL, “Environmental Crime and its Convergence with other Serious Crimes” (October 30, 2015), accessed from http://www.interpol.int/Media/Files/Crime-areas/Environmental-crime/INTERPOL-Strategic-Report-Environmental-Crime-and-its-Convergence-with-other-Serious-Crimes/. 120 See, e.g., United Nations Office on Drugs and Crime, “The Illicit Trafficking of Counterfeit Goods and Transnational Organized Crime,” accessed from https://www.unodc. org/documents/counterfeit/FocusSheet/Counterfeit_focussheet_EN_HIRES.pdf; Anti-Slavery International, “Trafficking for Forced Criminal Activities and Begging in Europe” (September 2014) at p.26 (noting that reports in the U.K. where foreign nationals were alleged to have been locked in warehouses, or children being forced to produce and sell pirated DVDs), accessed from http://www.antislavery.org/includes/documents/ cm_docs/2014/t/2_trafficking_for_forced_criminal_activities_ and_begging_in_europe.pdf. 121 See, e.g., United Nations Office on Drugs and Crime, “The Illicit Trafficking of Counterfeit Goods and Transnational Organized Crime,” accessed from https://www.unodc.org/ documents/counterfeit/FocusSheet/Counterfeit_focussheet_ EN_HIRES.pdf. 122 See, e.g., Europol, “OCTA 2011: EU Organised Crime Threat Assessment,” (2011) at p.36, accessed from https://www. europol.europa.eu/sites/default/files/publications/octa2011.pdf. See also International Labour Office Geneva, “Labour Market Discrimination Against Migrant Workers in Italy,” (September 2004), accessed from http://ilo.org/wcmsp5/groups/public/- --ed_protect/---protrav/---migrant/documents/publication/ wcms_201593.pdf. 123 See Europol, “OCTA 2011: EU Organised Crime Threat Assessment,” (2011) at p.36, accessed from https://www. europol.europa.eu/sites/default/files/publications/octa2011.pdf. See also Organization for Economic Co-operation and Development, “The Economic Impact of Counterfeiting,” (1998) (noting that organized and petty criminals profit largely from counterfeiting), accessed from https://www.oecd.org/sti/ind/2090589.pdf. 124 See, e.g., United States Office of the Intellectual Property Enforcement Coordinator, “Intellectual Property Spotlight” (December 2010), at p.2, accessed from https://www.justice. gov/sites/default/files/dag/legacy/2011/01/05/ipec-ip-spotlightdec2010.pdf. See also United States Department of Justice, “Three Sentenced to Federal Prison for Forcing Labor and Distributing Pirated/Counterfeit CDs and DVDs,” (October 14, 2011), accessed from https://www.justice.gov/sites/default/files/ criminal-ccips/legacy/2012/03/15/lopezSent.pdf. SECTION 1 53
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 31 and 32: « Office of the Intellectual Prope
Page 59: Office of the Intellectual Property
Page 65: Office of the Intellectual Property
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 111 and 112:
Office of the Intellectual Property
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
ENDNOTES Office of the Intellectual
Page 123 and 124:
Page 125:
Page 128 and 129:
SECTION 4 CONTENTS PROMOTE FRAMEWOR
Page 130 and 131:
Joint Strategic Plan on Intellectua
Page 132 and 133:
Page 134 and 135:
Page 136 and 137:
Page 138 and 139:
Page 140 and 141:
Page 142 and 143:
Page 144 and 145:
Page 146 and 147:
Page 148 and 149:
Page 150 and 151:
Page 152 and 153:
Page 154 and 155:
Page 156 and 157:
Page 158 and 159:
Page 160 and 161:
Page 162 and 163:
ACKNOWLEDGEMENTS With thanks to, an
show all

ENFORCEMENT

Create successful ePaper yourself

Delete template?

Save as template?