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Joint Strategic Plan on Intellectual Property Enforcement (2015) accessed from https://ustr.gov/sites/default/files/2015-Special-301-Report-FINAL.pdf; World Customs Organization (WCO), “Illicit Trade Report 2014,” (December 2015) at p.66, accessed from http://www.wcoomd.org/en/media/newsroom/2015/december/~/media/6FDFF08E365E49D49C0B6DC375C492B5.ashx. 51 2016 OECD Report, at pp.13, 43. 52 2016 OECD Report, at p.13. 53 2016 OECD Report, at pp.13, 43. 54 World Economic Forum “Global Agenda Council on Organized Crime: Organized Crime Enablers,” (July 2012) at p.21, accessed from http://www3.weforum.org/docs/WEF_GAC_OrganizedCrimeEnablers_Report_2012.pdf. 55 Europol and the Office for Harmonization in the Internal Market, “2015 Situation Report on Counterfeiting in the European Union,” (April 2015) at p.16, accessed from https://www. europol.europa.eu/content/2015-situation-report-counterfeiting-european-union. 56 See, 2016 OECD Report, at p.76. 57 See, 2016 OECD Report, at p.61. 58 See World Economic Forum “Global Agenda Council on Organized Crime: Organized Crime Enablers,” (July 2012) at p.5, accessed from http://www3.weforum.org/docs/WEF_GAC_OrganizedCrimeEnablers_Report_2012.pdf. 59 Europol and the Office for Harmonization in the Internal Market “2015 Situation Report on Counterfeiting in the European Union,” (April 2015) at p.16, accessed from https:// www.europol.europa.eu/content/2015-situation-report-counterfeiting-european-union; International Chamber of Commerce Business Action to Stop Counterfeiting and Piracy (BASCAP), “Controlling the Zone: Balancing Facilitation and Control to Combat Illicit Trade in the World’s Free Trade Zones” (May 2013) at p.1, accessed from http://www.iccwbo.org/advocacy-codes-and-rules/bascap/international-engagement-and-advocacy/free-trade-zones/. See also International Trademark Association (INTA) “Resolution of the Anti-Counterfeiting & Enforcement Committee (ACEC): Role of Free Trade Zones and Free Ports in the Transshipment and Transit of Counterfeit Goods,” (November 2006), accessed from http://www.inta.org/ Advocacy/Pages/RoleofFreeTradeZonesandFreePortsintheTransshipmentandTransitofCounterfeitGoods.aspx. to Hong Kong, sent by air to Dubai, passing through London Heathrow on the way to the Bahamas, where the organization kept a warehouse fulfillment center. From there, the drugs were sent to another organization in the U.K., which eventually sent the packages to the U.S.”). See also Kovacs, Laszlo, European Commissioner for Taxation and Customs Union, “Press Conference: EU Customs’ fight against the dangers of counterfeiting” (October 11, 2006) at pp.2-3 (“earlier this year, a shipment of 350 kg of fake pharmaceuticals, which were stopped in the UK, were dispatched from China transiting through the United Arab Emirates, and then UK with a final destination in the Bahamas. The process is even more complicated because this was an internet order placed from Canada”), accessed from https:// ec.europa.eu/taxation_customs/sites/taxation/files/docs/body/ counterfeit_statistics2005_2006_11_10.pdf. See also Bogdanich, Walt, “Counterfeit Drugs’ Path Eased by Free Trade Zones” (The New York Times: December 17, 2007) (“[A]n examination of the case reveals its link to a complex supply chain of fake drugs that ran from China through Hong Kong, the United Arab Emirates, Britain and the Bahamas, ultimately leading to an Internet pharmacy whose American customers believed they were buying medicine from Canada, according to interviews with regulators and drug company investigators in six countries.”), accessed from http://www.nytimes.com/2007/12/17/world/middleeast/17freezone.html?_r=0. 63 See Section II. See also European Union Intellectual Property Office, “Research on Online Business Models Infringing Intellectual Property Rights: Phase 1 - Establishing an Overview of Online Business Models Intellectual Property Rights” (Phase 1)” (July 2016) at pp. 4-9, accessed from https://euipo.europa. eu/tunnel-web/secure/webdav/guest/document_library/observatory/resources/Research_on_Online_Business_Models_IBM/ Research_on_Online_Business_Models_IBM_en.pdf. 64 See Section II. 65 See Statement of Randall C. Coleman, Assistant Director Counterintelligence Division, Federal Bureau of Investigation, before the U.S. Senate Committee on the Judiciary, Subcommittee on Crime and Terrorism, “Economic Espionage and Trade Secret Theft: Are Our Laws Adequate for Today’s Threats?” (May 13, 2014), accessed from https://www.judiciary.senate.gov/imo/media/doc/05-13-14ColemanTestimony.pdf. 66 See. e.g, United States Department of Justice, Federal Bureau of Investigation, ”The Insider Threat: An Introduction to Detecting and Deterring an Insider Spy,” accessed from https://www. fbi.gov/file-repository/insider_threat_brochure.pdf/view. SECTION 1 60 World Customs Organization, “Illicit Trade Report 2014,” (2015) at p. 71, accessed from http://www.wcoomd.org/en/media/newsroom/2015/december/~/media/6FDFF08E365E49D- 49C0B6DC375C492B5.ashx. 61 United Nationals Office on Drugs and Crime (UNODC) and World Customs Organization, “Global Container Analysis Report 2008,” (2008) at p.50, accessed from http://www.mcmullinpublishers.com/downloads/OMDrcEN08.pdf. 62 See, e.g., United States Government Accountability Office, “GAO-13-560: Internet Pharmacies: Federal Agencies and States Face Challenges Combating Rogue Sites, Particularly Those Abroad,” (July 2013) at pp.19-20, accessed from http:// www.gao.gov/assets/660/655751.pdf. See also Toscano, Paul, “The Dangerous World of Counterfeit Prescription Drugs” (CNBC: October 4, 2011), accessed from http://www.cnbc.com/ id/44759526 (reporting that in one case that led to seizures, “counterfeit drugs produced in China were transported by road 67 See Office of the Press Secretary, The White House, “Fact Sheet: Executive Order Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities,” (April 1, 2015), accessed from https://www.whitehouse. gov/the-press-office/2015/04/01/fact-sheet-executive-order-blocking-property-certain-persons-engaging-si. 68 See United States Office of the National Counterintelligence Executive, “Foreign Spies Stealing US Economic Secrets in Cyberspace: Report to Congress on Foreign Economic Collection and Industrial Espionage, 2009-2011,” (October 2011) at p.i, accessed from https://www.ncsc.gov/publications/reports/ fecie_all/Foreign_Economic_Collection_2011.pdf. 69 G20 Leaders’ Communique, Antalya, Turkey, (November 16, 2015), accessed from http://pm.gc.ca/eng/news/2015/11/16/ g20-leaders-communique. 50
Office of the Intellectual Property Enforcement Coordinator 70 See The White House, “Strategy to Combat Transnational Organized Crime: Addressing Converging Threats to National Security,” (July 2011), accessed from https://www.whitehouse. gov/sites/default/files/microsites/2011-strategy-combat-transnational-organized-crime.pdf 71 See, e.g., International Chamber of Commerce Business Action to Stop Counterfeiting and Piracy (BASCAP) and Frontier Economics, “Estimating the global economic and social impacts of counterfeiting and piracy,” (February 2011), accessed from http://www.iccwbo.org/Data/Documents/Bascap/Global-Impacts-Study---Full-Report/; United States Government Accountability Office, “GAO-10-423: Observations on Efforts to Quantify the Economic Effects of Counterfeit and Pirated Goods,” (April 2010), accessed from http://www.gao.gov/assets/310/303057.pdf. 72 See United States Department of Commerce, “Intellectual Property and the U.S. Economy: 2016 Update” (September 2016), accessed from https://www.uspto.gov/sites/default/files/ documents/IPandtheUSEconomySept2016.pdf. 73 See United States Department of Homeland Security, “Intellectual Property Rights Seizure Statistics: Fiscal Year 2015,” at p.17, accessed from https://www.cbp.gov/sites/default/files/ assets/documents/2016-Apr/FY%202015%20IPR%20Stats%20 Presentation.pdf. See also 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.20, accessed from https://www. iprcenter.gov/reports/ipr-center-reports/IPR%20Center%20 Threat%20Report%20and%20Survey.pdf/view. 74 The number of personal care items seized by the U.S. Department of Homeland Security in FY 2015 was 1,836, a 16 percent increase from 1,578 items seized in FY 2014. See United States Department of Homeland Security, “Intellectual Property Rights Seizure Statistics: Fiscal Year 2015,” at p.17, accessed from https://www.cbp.gov/sites/default/files/assets/documents/2016-Apr/FY%202015%20IPR%20Stats%20Presentation. pdf. See also 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.20, accessed from https://www.iprcenter. gov/reports/ipr-center-reports/IPR%20Center%20Threat%20 Report%20and%20Survey.pdf/view. accessed from https://www.cbp.gov/newsroom/national-media-release/2015-06-17-000000/joint-operation-seizes-critical-counterfeit-beauty. See also United States Department of Justice, Federal Bureau of Investigation, “Counterfeit Cosmetics, Fragrances: Hazardous to Your Health” (Jan. 2, 2014), accessed from https://www.fbi.gov/news/stories/counterfeit-cosmetics-fragrances; City of London Police, Police Intellectual Property Crime Unit (PIPCU), “PIPCU urges the public to ‘Wake up – don’t fake up!’,” (May 22, 2015), accessed from https://www.cityoflondon.police.uk/advice-and-support/ fraud-and-economic-crime/pipcu/wakeupdontfakeup/Pages/ wakeupdontfakeup.aspx. 80 See, e.g., Zulueta, Adrienna, Massive fake health and beauty supplies ring busted,” (CNN.com: March 9, 2014) (reporting that the seizures of “counterfeits included everyday health and beauty items such as ChapStick, Johnson’s Baby Oil, Vaseline and Always sanitary pads”), accessed from http://www.cnn. com/2014/03/08/justice/new-york-counterfeit-beauty-supplies/ index.html. 81 See United States Department of Homeland Security, “Intellectual Property Rights Seizure Statistics: Fiscal Year 2015,” accessed from https://www.cbp.gov/sites/default/files/assets/ documents/2016-Apr/FY%202015%20IPR%20Stats%20Presentation.pdf. 82 See, e.g., Arnold, Ben, “Insights and Opinions from Analysts and Experts in more than 20 Industries,” (NPG Group Blog: August 24, 2015) (in the U.S., from July 2014 to July 2015, sales of headphones totaled $2.9 billion, with Beats by Dre and Bose commanding 81% of the premium headphone market) accessed from https://www.npd.com/wps/portal/npd/us/blog/2015/ summers-end-no-match-for-stereo-headphone-sales. See also Nylander, Johan, “Chinese Fakes Cash in on Dr. Dre’s Beats Headphones Bonanza,” (CNN.com: October 13, 2013) (finding that a counterfeiting operation in China was willing to deliver 100 units of Beats products in a day, and 1,000 units in a week), accessed from http://www.cnn.com/2013/10/13/business/chinafake-headphones-dr-dre-beats. 83 See Underwriters Laboratories, “Counterfeit iPhone Adapters: A UL Technical Investigation Shows a 99 Percent Failure Rate,” (2016) (hereinafter “UL Report”), accessed from library.ul.com/ wp-content/uploads/sites/40/2016/09/10314-Counterfeiti- Phone-WP-HighRes_FINAL.pdf. 75 See United States Department of Justice, “Prosecuting Intellectual Property Crimes” (United States Attorneys’ Bulletin Vol. 64, No. 1: January 2016) at p.36, accessed from https://www. justice.gov/usao/file/813026/download. 76 United States Department of Homeland Security, U.S. Customs and Border Protection, “Joint Operation Seizes Critical Counterfeit Beauty Personal Care Products,” (June 17, 2015), accessed from https://www.cbp.gov/newsroom/national-media-release/2015-06-17-000000/joint-operation-seizes-critical-counterfeit-beauty. 77 21 U.S.C. Sec. 301 et. seq. 78 See United States Department of Justice, “Prosecuting Intellectual Property Crimes” (United States Attorneys’ Bulletin Vol. 64, No. 1: January 2016) at p.36, accessed from https://www. justice.gov/usao/file/813026/download. 79 United States Department of Homeland Security, Customs and Border Protection, “Joint Operation Seizes Critical Counterfeit Beauty Personal Care Products” (June 17, 2015), 84 UL Report at 2. 85 UL Report at 5. 86 See World Customs Organization, “WCO Members join together to fight imports of substandard and counterfeit electrical products,” (October 24, 2011), accessed from http://www. wcoomd.org/en/media/newsroom/2011/october/wco-members-join-together-to-fight-imports-of-substandard-and-counterfeit-electrical-products.aspx. See also United States Consumer Product Safety Commission, “May is National Electrical Safety Month: CPSC Warns of Dangerous Counterfeit Electrical Products” (May 9, 2007), accessed from http://www.cpsc.gov/en/ newsroom/news-releases/2007/may-is-national-electrical-safety-monthcpsc-warns-of-dangerous-counterfeit-electrical-products/; Consumer Reports, “Counterfeit Goods: How to Tell the Real From the Rip-off” (May 28, 2015), accessed from http:// www.consumerreports.org/cro/magazine/2015/05/counterfeitgoods-how-to-tell-real-from-ripoff/index.htm. SECTION 1 51
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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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ENDNOTES Office of the Intellectual
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SECTION 4 CONTENTS PROMOTE FRAMEWOR
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ACKNOWLEDGEMENTS With thanks to, an
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