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Joint Strategic Plan on Intellectual Property Enforcement FIG. 46: Dangerous Goods Abound - Example of Counterfeit Bicycle Helmet Sold Online. SAFETY TESTING RESULTS: Dynamic Retention Test: Counterfeit helmet is strapped and adjusted to a level head form. A 4kg weight is secured to the chinstrap and dropped .6m. The straps can’t stretch more than 30mm. The fake exceeded 30mm. = FAIL Source: http://www.bicycling.com/bikes-gear/components/catch-counterfeiter-sketchyworld-fake-bike-gear Impact Test: Counterfeit helmet is strapped to a 5kg head form and dropped from various heights onto flat, hemispherical and metal anvils. Peak instantaneous acceleration on impact may not exceed 300 Gs. The fake’s peak acceleration reached 1,052 Gs. = FAIL SECTION 2 purchasing products online that later turned out to be counterfeit. 82 In addition to defrauding customers, these counterfeit products can cause serious injury and even death (FIG. 46). It is difficult to identify and effectively terminate online sellers of counterfeit goods. The scale and volume of the transactions presents unique challenges. Alibaba Group Holding, for example, reported over $14 billion in e-commerce transactions in 2015 during its “Singles’ Day” (November 11th), which is a peak day for e-commerce activity in China. 83 Opportunities exist for governments, rights holders, and the owners and operators of e-commerce sites to engage in sustained and meaningful efforts to combat counterfeiting within these e-commerce platforms. Enhanced coordination between rights holders and marketplaces, for example, is required to identify effectively and timely remove infringing listings, while coordination and cooperation is necessary among all stakeholders to curb persistent serial offenders. Some leading e-commerce businesses have developed internal best practices and policies with respect to infringing products. These and other efforts must be encouraged and directed toward the continued evolution of these practices, to expanding the adoption of best practices around the globe, and to enhancing benchmarking, transparency, and public reporting of counterfeit incidents in order to support data-driven policies. The use of technology by e-commerce platforms (such as algorithms to spot fraud) has provided enhanced detection measures over the years that, coupled with other actions, have reportedly helped to combat the proliferation of counterfeit goods being sold online. Technological solutions must not remain static, and in light of new trends and counterfeit practices, there remains an opportunity for continued investments in technological improvements and innovative business practices to protect consumers and IP rights holders. The U.S. Government, by way of its law enforcement agencies, is in a unique position to share appropriate information on emerging trends, the behavior of criminal syndicates, and other relevant data; and to assist e-commerce sites in refining their proprietary analytical tools and techniques to identify and disrupt fraud in the form of counterfeit and pirated goods carried on their platforms. ACTION NO. 2.19: Support enhanced coordination between rights holders and e-commerce platforms. To help facilitate enhanced coordination between rights holders and leading e-commerce platforms, IPEC—in partnership with the FBI, the IPR Center, USPTO, USTR, and other relevant members of the U.S. Interagency Strategic Planning Committees on IP Enforcement— will coordinate an annual meeting to assess the state of e-commerce initiatives to curb counterfeit trade, and opportunities for 78
Office of the Intellectual Property Enforcement Coordinator continued enhancement and development of “best practices.” E-Commerce sites are encouraged to maintain and publish clear takedown procedures and statistics to aid rights holders, deter repeat offenders, and support meaningful and effective enforcement policies. ACTION NO. 2.20: Support advanced, technology-driven measures to curb illicit accounts. E-Commerce platforms are encouraged to adopt advanced technology measures to prevent known offenders (including terminated sellers) from opening new accounts, or jumping from platform to platform. The wide-spread adoption of a ratings system allowing the public to assess whether a seller has any history of counterfeit violations (or no transaction history at all) may prove useful in improving consumer awareness and making it more difficult for illicit actors to establish a long-term business model or client-base. ACTION NO. 2.21: Support enhanced transparency and public reporting of counterfeit incidents on e-commerce platforms. In light of the potentially criminal nature of counterfeit trade, consumers should have access to the tools needed to assess the nature and frequency of counterfeit incidents on an e-commerce platform. Specifically: ACTION NO. 2.22: Encourage development of enhanced “know your seller” programs in e-commerce channels. In order to minimize the exploitation of e-commerce platforms by entities engaged in the sale of counterfeit goods, e-commerce platforms are encouraged to assess the applicability of an appropriately tailored “know your seller” program, where, for example, sellers provide some measure of identity verification before being able to sell products via the site. Adoption of a voluntary multi-factor verification system or other mechanism to support a “trusted” seller program may curb illicit exploitation of e-commerce channels, while providing consumers additional tools in order to assess the risks associated with any particular merchant. ACTION NO. 2.23: Promote and expand U.S. law enforcement partnerships with e-commerce platforms to disrupt incidents of fraud. The Department of Homeland Security—in partnership with the FBI and law enforcement agencies in the United States and abroad, as appropriate—will continue to invest in and further develop and promote its private sector outreach programs to facilitate the sharing of information with e-commerce sites on emerging trends, criminal syndicates, and other relevant matters to improve identification and disruption of illicit trade and consumer fraud. • Enhanced transparency and public reporting of generalized and anonymized data regarding counterfeit incidents on e-commerce platforms provides an opportunity to educate consumers and assist law enforcement, consumer protection entities, policy-makers, and others to understand better the scope of the issue, while producing additional incentives to ensure continued evolution of best practices. • E-Commerce platforms are encouraged to share complete selling history records to law enforcement upon the identification of a seller suspected of being engaged in significant counterfeiting operations. • IPEC—in partnership with the FBI, the IPR Center, USPTO, USTR, and other relevant Federal agencies—will assess opportunities to support e-commerce transparency efforts. D. SUPPORT RESPONSIBLE 3D PRINTING COMMUNITIES AND BUSINESS MODELS. Additive technology, also known as 3D printing, is emerging as one of the most important transformative changes in manufacturing processes and global supply chains today. This evolving technology is offering the promise of a manufacturing environment driven by digital data. As one commentator noted, the move to 3D printing may be understood as a transformation from a traditional supply chain that is hard ware-based to one that is “software-defined.” 84 Unlike conventional or “subtractive” manufacturing processes—such as drilling or milling that creates a part by cutting away and removing material—additive manufacturing builds a part by fusing materials together, layer-by-layer, with heat, chemicals, adhesives, or other methods. Additive manufacturing has been employed in design and prototyping for SECTION 2 79
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U.S. JOINT STRATEGIC PLAN ON INTELL
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B. In Furtherance of a Healthy Doma
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PREAMBLE A Reflection on Creativity
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Senior Advisory Committee Establish
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INTRODUCTION IP-intensive industrie
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EXECUTIVE SUMMARY Services, the Dep
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EXECUTIVE SUMMARY • Advertising B
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1 THE GLOBAL SCALE OF INTELLECTUAL
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INTRODUCTION The story of intellect
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ACKNOWLEDGEMENTS With thanks to, an
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