ENFORCEMENT
eop_ipec_jointstrategicplan_hi-res
eop_ipec_jointstrategicplan_hi-res
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INTRODUCTION<br />
From the operation of stand-alone websites dedicated<br />
to illicit IPR-based activity, to the exploitation of<br />
legitimate platforms and services by illicit actors,<br />
opportunities exist to support and develop enhanced<br />
mechanisms to curb counterfeiting and infringing activity<br />
online. This includes an examination of a “follow-themoney”<br />
approach to disrupt illicit financing models<br />
(via payment processors, ad networks and the like),<br />
to practices and policies aimed at curbing abusive<br />
practices within e-commerce platforms, social media<br />
channels, the domain name ecosystem, and the search<br />
environment, among others.<br />
A. TARGETING FINANCIAL SUPPORT FLOWING TO<br />
CRIMINALS: A ‘FOLLOW-THE-MONEY’ APPROACH<br />
TO COMBATING ONLINE COMMERCIAL PIRACY<br />
AND COUNTERFEITING.<br />
The online infringement of IPR is a lucrative activity.<br />
Commercial-scale counterfeiters and pirates enjoy the<br />
fruits of another’s labor, profiting from famous brands,<br />
hit songs, television shows, movies and the like without<br />
having to make major investments and absorb the risks<br />
facing legitimate businesses and entrepreneurs.<br />
On the content side, it is time consuming and<br />
expensive for authors and legitimate entities to create<br />
and produce original content (“first copy”), but it<br />
costs next to nothing to make an unauthorized copy.<br />
As a result, the digital commercial pirate can enjoy<br />
staggering unearned and unlawful profits, reportedly<br />
ranging from 80 percent to close to 100 percent, in<br />
connection with digital piracy and the sale of pirated<br />
digital video discs (DVDs) and compact discs (CDs). 1<br />
Turning to brands, counterfeit medicines, for<br />
example, require no research and development and are<br />
manufactured under minimal cost, and thus enjoy profit<br />
margins reportedly as high as 3,000 percent; a $1,000<br />
investment in counterfeit prescription drugs may result<br />
in a $30,000 return, which is 10 times the reported profit<br />
rate of trafficking heroin. 2 Similarly, a 40-foot container<br />
of counterfeit cigarettes may cost as little as $70,000<br />
to produce, but carry a street value of approximately<br />
$3,000,000 – $4,000,000, a profit margin of more than<br />
5,000 percent. 3<br />
SECTION 2<br />
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