Enforcing Intellectual Property Rights at the Border U.S. Customs and Border Protection May 10, 2012
Protecting America For official use only Presenter s Name June 17, 2003
A Challenging Task 330 Ports of entry 100,000+ miles of border/shoreline 60,000 containers daily 30,000,000 cargo entries annually 250,000,000 postal & express entries 725,000 importers 60,000 employees For official use only Presenter s Name June 17, 2003
Our Enforcement Team Officers Import Specialists Fines and Penalty Officers International Trade Specialists Attorneys Auditors National Intellectual Property Coordination Center (IPR Center) For official use only Presenter s Name June 17, 2003
The Future of Risk Management
5-Year IPR Strategy Industry Facilitate Supply / Distribution Chain Management Targeting Authentication Tools Pre - Entry Partner U.S.Government Enforce Training Voluntary Disclosure Seizure / Forfeiture / Destruction Entry Foreign Governments Deter Penalties Audits Criminal Post - Entry Modernize Laws Processes Technology Invest Human Capital Technology Outreach
DHS IPR Seizure Statistics
Seizure Examples
International Partners Training and capacity building: Thailand, Egypt, Brunei, Mali, Peru, Ukraine, Kenya, Uganda, Russia, Morocco, Turkey, Trinidad & Tobago International Agreements and Organizations: ACTA, APEC, WCO, G8, US-EU, JCCT, China, Korea, Interpol Joint Operations: France, Australia, APEC, EU
Operation APEC Objective Protect public health and enhance enforcement in postal and express courier facilities Deliverables Mutual enforcement operation Model effective practices U.S. Results 2,530 Exams 462 Seizures (>250,000 pills) 120 IPR Seizures $414,320 MSRP of IPR Seizures Presenter s Name June 17, 2003
U.S. Government Collaboration Intellectual Property Enforcement Coordinator Immigration and Customs Enforcement IPR Center Other Federal Agencies For official use only Presenter s Name June 17, 2003
Trade Community Outreach Program Overview Goal Industry Based approach Product ID Guide Collection and Port training IPR Speaker Request Website CBP s National Targeting and Analysis Group and Centers of Excellence and Expertise are focused on specific industries Right holders can submit product ID guides or provide training at ports for recorded rights Web-based speaker request Enhance and centralize CBP s knowledge and expertise about specific industries, their import practices, and their concerns to better facilitate trade Increase information sharing to enhance infringement determination Increase information sharing and provide venue for trade input Trade community input from groups and meetings IPR Subcommittee of the Advisory Committee on Commercial Operations of Customs and Border Protection (COAC) Working groups with the Coalition Against Counterfeiting and Piracy (CACP)
Information Sharing is Critical Information enhances targeting targeting focuses enforcement on high risk shipments and facilitates release of legitimate goods without delay How to share information Recordation Center for Excellence and Expertise National Targeting and Analysis Group Los Angeles Regulations and Rulings Branch Office of Trade e-allegations Product ID guides Product training
Registration vs. Recordation Registration - filing for a trademark with the U.S. Patent & Trademark office or copyright with the U.S. Copyright Office Recordation - Bringing a valid, registered right to CBP to protect against infringing imports IMPORTANT! Recorded trademarks and copyrights are entitled to greater protection by CBP than non-recorded rights
Authentication Technology CBP seeks authentication tools that can be used for multiple products or across industries. Raman Analyzers Portable Enable on-the-spot authentication Industry Support Product libraries Product ID guides Samples Training Presenter s Name June 17, 2003
Distribution Chain Management Goal: To authenticate an entire shipment prior to or immediately upon arrival by shifting participating authentic shipments into the trusted segment of imports. Benefits: Reduced costs from physical examinations More effective use of CBP resources Enhanced targeting Increased seizures Presenter s Name June 17, 2003
The Future of IPR Enforcement Secure supply and distribution chains Employ advanced risk models Conduct IPR audits Collaborate with criminal investigators For official use only Presenter s Name June 17, 2003
Contact U.S. Customs and Border Protection www.cbp.gov/ipr Office of International Trade Sarah Price International Trade Specialist, IPR Policy sarah.price@dhs.gov 202-863-6045 IPR Policy & Programs iprpolicyprograms@dhs.gov NTAG LA iprhelpdesk@dhs.gov Pharmaceutical Center for Excellence and Expertise CEE-Pharmaceuticals@cbp.dhs.gov
For official use only Presenter s Name June 17, 2003