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Joint Strategic Plan on Intellectual Property Enforcement SECTION 2 some time, but the application is now shifting rapidly to the direct production of parts that are ready for distribution and sale. 85 Reports indicate that manufacturing leaders may not be fully prepared for a projected rapid migration toward additive technology. 86 As a GAO report has summarized, 3D printing poses far-reaching implications for businesses, consumers, and policymakers on a wide array of issues, including on grounds of national security, product liability, IP, and environmental, health, and safety concerns. 87 With respect to IP, one of the primary concerns is that as scanning and 3D printing technology improves and proliferates, the digital design files that support 3D printing will be widely shared on the Internet. Sharing design files may help researchers and legitimate uses such as open licenses, however there is some concern that it would make it easier for entities to bypass and infringe upon valid utility and design patents, copyrights, and trademarks. 88 The challenge for all stakeholders is to ensure that 3D printing’s potential is realized in a manner that contributes positively to innovation and that protects non-infringing uses without providing new and troubling avenues for counterfeiters and bad actors to further evolve their illicit trade practices. Publicprivate partnerships can play a critical role in ensuring that appropriate IP protections do not lag behind 3D printing technological advances. Exploring how to apply IP laws, including patents, copyrights, and trademarks, or utilizing technological solutions to curb the abuse of 3D printing within software sharing communities and platforms, would help to ensure that this new emerging technology will be integrated into the economy while protecting against its exploitation by illicit actors. 89 ACTION NO. 2.24: Support responsible integration of 3D printing into manufacturing and business practices. The U.S. Interagency Strategic Planning Committees on IP Enforcement will continue to monitor the integration of 3D printing into responsible manufacturing and business practices, including assessing the sufficiency of current laws, implementation of those laws in practice, and the state of, and challenges associated with, the prosecution of IP-based crimes involving 3D printing, while protecting non-infringing uses of the technology. E. ADDRESS CYBER-ENABLED TRADE SECRET THEFT. Cybersecurity is one of the most important challenges we face as a Nation. Malicious actors, whether they are criminals, terrorists, or nation state actors, can ignore traditional national borders and conduct their malicious cyber activities from afar. As more data that is sensitive is stored online, the potential consequences of such attacks are only growing more significant. U.S. businesses and academic institutions are increasingly targeted for economic espionage and theft of trade secrets by foreign entities. With the increasing connectivity of our businesses and academic institutions, there is a greater change that these malicious actors will use cyber-enabled means to steal trade secrets or other confidential business information. Gone are the days when a spy needed physical access to a document to steal it, copy it, or photograph it; modern technology now enables global access and transmission instantaneously. Due to the profound implications of cybersecurity and cyber-enabled trade secret theft to the Nation, the Federal Government has been aggressive in meeting these threats head-on. The United States must lead international efforts to build consensus on conceptions of responsible state behavior in order to enhance international cyber stability by reducing the risk of escalation posed by national security threats – including threats to economic security – emanating from cyberspace. The identification and promotion of voluntary, peacetime norms of responsible state behavior in cyberspace is one pillar of the United States’ framework for stability, which also includes the affirmation of the applicability of international law to cyberspace, and the development and implementation of practical confidence building measures. One norm the United States has identified is that states should not conduct or knowingly support cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to its companies or commercial sectors. In the context of Chinese President Xi Jinping’s September 2015 visit to Washington, the United States and China made a series of cyber commitments, including that neither state would engage in the cyber-enabled theft of intellectual property for commercial gain. Building on the commitment, the United States successfully 80
Office of the Intellectual Property Enforcement Coordinator obtained an affirmation of this norm by the leaders of the G-20 at the 2015 Antalya Summit, and is working with likeminded countries to encourage broader international adoption of this and other norms of responsible state behavior, including that states should cooperate with requests for assistance in mitigating malicious cyber activity emanating from their territory. Since the U.S. – China commitment on cyberenabled IP theft for commercial gain, we have seen a number of other countries seek and reach agreement with China on similar commitments of their own, including Germany, and the United Kingdom. Adherence to our bilateral cyber commitments is an important part of the overall U.S. – China relationship, and it is reviewed throughout the year, including during the semi-annual meetings of the U.S. – China High-Level Joint Dialogue on Cybercrime and Related Issues. In addition to these initiatives, the United States will continue to leverage the full array of tools to take appropriate action against those who engage in cyberenabled theft of intellectual property for commercial gain. These tools include law enforcement action as well as economic actions, which could include designating entities under Executive Order 13694 issued on April 1, 2015, declaring that certain malicious cyber-enabled activities constitute a serious threat to U.S. national security and economic competitiveness, including specifically the misappropriation of trade secrets for commercial or competitive advantage or private financial gain. 90 The United States will also continue to implement relevant strategies and Acts, including the U.S. “Strategy on Mitigating the Theft of U.S. Trade Secrets” issued in 2013, 91 and the Defend Trade Secrets Act of 2016. In February 2016, President Obama directed the implementation of the Cybersecurity National Action Plan (CNAP) that takes near-term actions and puts in place a long-term strategy to enhance cybersecurity awareness and protections, protect privacy, maintain public safety as well as economic and national security, and empower Americans to take better control of their digital security. 92 Trade secret theft is more broadly addressed in Section IV of this plan. Through ongoing implementation of these strategies and Acts, the U.S. Government will continue to monitor, assess, and respond to cyber-enabled trade secret theft, as appropriate. SECTION 2 81
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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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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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