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Joint Strategic Plan on Intellectual Property Enforcement SECTION 4 expand competencies to achieve congruence with a changing environment in order to realize maximum efficiency. The demands on the state require a dynamic administrative framework. As an example of how a government can provide a more effective, agile response to combat IP-based illicit activity, the United States Government has adopted two distinct but complementary organizational approaches to IP enforcement: a “Whole of Government” and a “Specialized Office” approach. Each will be discussed in turn in the sections that follow. 1. The U.S. Model: A “Whole of Government” Approach to Intellectual Property Enforcement. Entities that target and misappropriate trade secrets; systematically unlawfully exploit copyrighted content for commercial profit; or engage in the global trade of counterfeit, pirated or patent-infringing products have one thing in common: they take advantage of the lack of a coordinated government response. As a result, a “Whole of Government” approach—and its attendant enhanced inter-agency and inter-institutional coordination—to combat the unlawful exploitation or misappropriation of IP is key to achieving an effective enforcement environment. A “Whole of Government” approach to IP enforcement seeks to break down silos that can exist amongst government agencies, maximizing appropriate collaboration. The approach leverages the resources, skills, and authorities of each individual governmental entity, and better ensures a comprehensive response to IP theft, as compared to an agency-by-agency approach that can often be fragmented. It also entails appropriate collaboration between government and private industry, trade associations, civil society—including consumer groups and labor unions—and other governments the world over. The U.S. Government has adopted a “Whole of Government” approach for both an IP enforcement policy coordination standpoint and from an operational enforcement perspective. This Strategic Plan addresses each in turn, with the objective of illuminating these models domestically, as well as internationally, for purposes of continued support and development, in order to enhance collaboration in the global marketplace. Whole-of-Government Approach to IP Enforcement Policy Coordination. With regard to IP enforcement policy coordination, the “Whole of Government” approach is embodied, for example, in the Office of the Intellectual Property Enforcement Coordinator (IPEC). The IPEC was created by Congress in the PRO-IP Act of 2008. It is headed by the Intellectual Property Enforcement Coordinator, who is appointed by the President of the United States, and subject to confirmation by and with the advice and consent of the U.S. Senate. The IPEC was placed in the Executive Office of the President (EOP) to elevate the issue of IP enforcement, with particular emphasis on counterfeit and infringing goods, to the highest levels of the U.S. Government. Its placement in the EOP was also to coordinate the understanding of and approach to IP enforcement of each Government office and agency, where each agency has its own subject matter expertise and areas of responsibility— whether it be diplomacy, trade, criminal or civil law enforcement, etc. The IPEC coordinates the agencies identified in the PRO-IP Act to enable the agencies to work together to advance strategic, multi-disciplinary coherence at a national level. The IPEC’s responsibilities and authority are derived from two sources of law: (1) the PRO-IP Act of 2008, a Federal statute passed by Congress; and (2) Executive Order 13565 issued by President Obama in 2011. These authorities mandate the IPEC to chair the U.S. Interagency Strategic Planning Committees on IP enforcement and coordinate the interagency development of this Joint Strategic Plan. Congress and the President found the establishment of the committees and the development of the Joint Strategic Plan necessary to coordinate the Government’s work to reduce the proliferation of counterfeit goods and commercial-scale piracy and to enable the relevant agencies to work together more efficiently to identify impediments to effective IP enforcement both in the United States and internationally. In connection with the development of the Joint Strategic Plan, from its post in the EOP, the IPEC engages across the U.S. Government, with the private sector, other stakeholders, and with foreign governments, where appropriate, to coordinate this National strategy to protect U.S. IP from unlawful exploitation and theft. 122
Office of the Intellectual Property Enforcement Coordinator The IPEC carries out this work principally through two mechanisms. First, the PRO-IP Act directs the IPEC to convene and chair an interagency Intellectual Property Enforcement Advisory Committee, composed of Senate-confirmed representatives as appointed by the heads of designated Federal departments and offices (FIG. 56) to develop and coordinate implementation of the Government’s Joint Strategic Plan on IP Enforcement every three years. 1 Second, Executive Order 13565 empowers and directs the IPEC to convene and chair a Senior IP Enforcement Advisory Committee, composed of the “heads of, or the deputies to the heads” of designated Federal departments and offices (FIG. 56) who advise the IPEC and facilitate formation and coordinate implementation of the Joint Strategic Plan. 2 FIG. 56 IPEC (Chair) theft of trade secrets occurring abroad pursuant to the Defend Trade Secrets Act of 2016, 18 U.S.C. §1832. The IPEC also consults with the Department of Justice’s Task Force on Intellectual Property, a departmentwide initiative chaired by the Deputy Attorney General to confront the growing number of domestic and international IP crimes in a coordinated manner. 3 Through these and other mechanisms, the United States seeks to bring broad coherence to IP enforcement policy at the national level, while minimizing duplication of efforts and affirmatively confronting shortcomings in IP enforcement. This “Whole of Government” model represents a conceptually straightforward framework to continue to advance coherence in the multi-disciplinary nature of IP enforcement and thereby increase governmental effectiveness in responding to illicit IP-based activities that undermine a variety of national interests. Opportunities exist to promote and support modern, whole-of-government frameworks internationally to enhance the effectiveness of the global response to the serious threats outlined throughout this Joint Strategic Plan. Senior IP Enforcement Advisory Committee Executive Order 13565 Advise IPEC & facilitate formation/implementation of the JSP Members: Heads of, or the deuties to the heads of, the following: State Treasury Justice Agriculture Commerce HHS DHS OMB USTR IP Enforcement Advisory Committee POR-IP Act (15 U.S.C. § 8111) and Executive Order 13565 Develop/implement the JSP Members: Senate-confirmed representatives involved in IP enforcement within the following: OMB Justice Commerce USTR Agriculture State DHS FDA Copyright Office Treasury In addition to the two IPEC-chaired interagency committees, the IPEC has a formalized consultation role with two agencies: (1) with the USTR’s Interagency Trade Enforcement Center for matters relating to the enforcement of U.S. trade rights involving IP pursuant to Executive Order 13601; and (2) with the Attorney General of the United States for reporting incidents of Whole-of-Government Approach to Intellectual Property Law Enforcement Operations. Alongside and complementary to the “Whole of Government” policy coordination approach to IP enforcement detailed above, the U.S. Government has also adopted a comprehensive and coordinated operational approach to combat IP-based crime. The “Whole of Government” operational approach is exemplified in the United States by the DHS/ICE-led IPR Center. 4 The ICE IPR Center brings together 23 agencies (FIG. 57), consisting of 19 key Federal agencies, in addition to four international law enforcement partners (namely, INTERPOL, Europol, the Royal Canadian Mounted Police, and the Mexican Revenue Service (El Servicio de Administracion Tributaria, or SAT)) in a task force setting that allows for the sharing of law enforcement information and leads in real-time. The ICE IPR Center relies on enhanced interagency and inter-governmental cooperation as well as engagement with the private sector. The task force structure enables the ICE IPR Center to share casespecific information in real time to combat IP crime and to leverage effectively the resources, skills, and SECTION 4 123
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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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EXECUTIVE SUMMARY • Advertising B
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1 THE GLOBAL SCALE OF INTELLECTUAL
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INTRODUCTION The story of intellect
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SECTION 2 CONTENTS HELPING TO PROMO
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Joint Strategic Plan on Intellectua
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ENFORCEMENT

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