White House Highlights 2010 IPR Enforcement Actions
The White House’s Office of U.S. Intellectual Property Enforcement Coordinator (IPEC) has released a document of selected highlights of intellectual property enforcement achievements in 2010.
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The efforts include actions to secure the U.S. supply chain, address counterfeit pharmaceuticals, enforce IPR internationally, and to coordinate with state and local law enforcement as follows:
CBP Targeted Counterfeit Goods Shipped Through Mail and Courier Facilities
U.S. Customs and Border Protection’s IPR Center initiated two cross-border enforcement actions through the World Customs Organization (WCO) and INTERPOL, Operation Pangea III which targets counterfeit pharmaceuticals sold over the Internet, and Operation Global Hoax which targets counterfeit goods shipped through international mail and courier facilities.
USTR, IPEC Took Measures to Enforce IPR in China, Russia, Etc.
The U.S. Trade Representative concluded final Anti-Counterfeiting Trade Agreement (ACTA) negotiations and text in November and December 2010 to fight global counterfeiting and piracy. As part of IPR enforcement in China, Attorney General Holder and IPEC met with Chinese officials and an IP Enforcement Working Group meeting of Chinese officials was held. In Russia, a new customs laws giving ex officio authority to customs officials was passed as part of the 2006 U.S.-Russia Bilateral Agreement on IPR. Additionally, USTR initiated a special review of the status of IP protection and enforcement in the Philippines and Thailand under the “Special 301” process.
U.S. Fought Sale of Counterfeit Goods, Goods with Counterfeit UL Trademarks
The DOJ, CBP, and ICE HIS, combined efforts to combat counterfeit computer network hardware from China in Operation Network Raider. Additionally, IPEC highlights several cases in which U.S. agencies combated intellectual property crimes, including the trafficking and selling of counterfeit integrated circuits for use by the U.S. military, electronic power strips containing counterfeit Underwriter Laboratories (UL) trademarks, and counterfeit exercise equipment.
ICE Targeted CyberInternet Websites Selling Counterfeit Goods
On November 29, 2010 (Cyber Monday), U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) and the Justice Department (DOJ) announced the second operation under “Operation in Our Sites.” ICE HSI and DOJ targeted websites selling counterfeit products that consumers may have otherwise bought as holiday gifts, including sports equipment, athletic apparel, handbags, and sunglasses, seizing the domain names of 82 websites.
AmEx, Microsoft, Etc. Formed Group to Combat Counterfeit Pharmaceuticals
In December 2010, at the White House Intellectual Property Health and Safety Forum, a group of private sector partners- American Express, eNom, GoDaddy, Google, MasterCard, Microsoft, Paypal, Neustar, Visa, and Yahoo!- announced that they will work to form a new nonprofit entity with other private sector participants to take appropriate voluntary action against illegal pharmaceutical websites. This effort is the first of its kind to combat illegal online pharmacies and it is an important first step in IPEC efforts to facilitate voluntary and cooperative efforts in the private sector.
IPEC Blocked Transfer of Ford, Bristol-Myers Trade Secrets to China and India
IPEC highlighted cases involving the transfer of trade secrets from U.S. companies. Cases included the transfer of Ford Motor Company design documents and SiRF Technology, Inc. source code to China and the transfer of Bristol-Myers Squibb pharmaceutical trade secrets to India.