Joint Strategic Plan to Improve IP Enforcement Detailed at Hearing

(In June 2010, the White House released the 2010 Joint Strategic plan on IP that reflects the extensive coordination between numerous U.S. government agencies, others in the public sector, the business community, interested groups, and the U.S. IP Enforcement Office.)

Officials from the IP Enforcement Office, Immigration and Customs Enforcement, and the former U.S. Coordinator for International IP Enforcement testified at the hearing. The following are highlights are of their testimony:

IP Plan to Ensure Agencies Work Together on IP Enforcement

The overarching mission of the IP enforcement strategy is to ensure that all of the agencies that have a hand in enforcing IP are working together in a coordinated fashion and in a manner that is consistent with the priorities of the Administration.

U.S. to Train IP Specialists Stationed Overseas

The Administration has committed to improving the effectiveness and coordination of IP specialists stationed overseas, and will work to (1) prioritize stationing of these personnel based on identified need, (2) establish embassy working groups and develop embassy work plans in countries where IP enforcement is a priority, and (3) implement procedures to measure their effectiveness on an ongoing basis.

To Also Work with Foreign Governments through ACTA, TTP, WTO Venues, Etc.

The Administration will also work with foreign governments to increase foreign law enforcement efforts and promote enforcement of U.S. IP rights through trade policy tools, including (1) bilateral trade dialogues, (2) committing U.S. trading partners to protect U.S. IP through trade agreements such as the Anti-Counterfeiting Trade Agreement and the Trans-Pacific Partnership, (3) communicating U.S. concerns clearly through reports, and (4) when necessary, asserting U.S. rights through the World Trade Organization dispute settlement process.

U.S. to Focus on Key Countries of Concern, Including China and Russia

The U.S. will focus on key countries of concern, including China and Russia, which present large and unique challenges to IP enforcement.

China. The U.S. has made some progress with China through bilateral efforts such as the Strategic & Economic Dialogue and the Joint Committee on Commerce and Trade, attempting to enforce trade rules and attacking criminal organizations; however, China remains the primary source country for the manufacture and distribution of counterfeit merchandise.

China will be a significant focus of U.S. enforcement efforts as it addresses IP infringement abroad. Whether it’s coordinating U.S. law enforcement personnel overseas, developing a strategy to go after foreign-based websites, or using trade policy tools to address the competitive disadvantages that the U.S. faces, China will be a priority.

Russia. As has been the case for several years, Russia’s desire to join the World Trade Organization has become a focal point for U.S. efforts to improve IP enforcement there. Presidents Obama and Medvedev recently announced that they hope to conclude Russia’s long outstanding WTO commitments by September 30, 2010. However, U.S. support for Russia’s accession to the WTO is contingent upon Russia’s fulfillment of the commitments it made to address outstanding legislative gaps and enforcement standards.

In terms of IP enforcement, this would mean Russia must make a range of criminal, civil and customs enforcement improvements they committed to as part of the U.S.-Russia Bilateral Agreement in 2006.

Administration is Also Establishing Interagency Working Group

The Administration is establishing an interagency working group to improve coordination of U.S. international capacity building and training, so that foreign governments have the tools necessary to strengthen IP protection on their own.

The working group will create a forum in which agencies will share plans, information and best practices, focus efforts where enforcement is a high priority, develop agency strategic plans, measure the effectiveness of these efforts, establish a shared database for storing training materials, ensure materials are consistent with U.S. IP laws and are consistent with U.S. policy goals, and coordinate U.S. efforts with international organizations and the business community to make U.S. trainings efforts as effective as possible.

(See ITT’s Online Archives or 06/23/10 news, 10062362, for BP summary on the Joint Strategic Plan.

See ITT’s Online Archives or 07/14/10 news, 10071423, for BP summary announcing that CBP is working on a new five year IPR enforcement strategy.)