ENFORCEMENT
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Joint Strategic Plan on Intellectual Property Enforcement<br />
copious amounts of information with relative anonymity<br />
while masking their geographic location. 48 Moreover,<br />
many of these targeted attacks reportedly originate<br />
overseas, in countries where the laws are weak or poorly<br />
enforced, or governments lack the ability or are unwilling<br />
to crack down on those responsible. 49<br />
If not addressed adequately, trade secret theft will<br />
continue to harm the global economy and put our<br />
national security at risk. Trade secret protection should<br />
be an important priority not just for businesses, but also<br />
for the Federal Government, which can help mitigate<br />
trade secret misappropriation through improved<br />
coordination, law enforcement, diplomacy, and public<br />
education and outreach efforts. For additional discussion<br />
of trade secret theft, see Section II of this Strategic Plan.<br />
On April 01, 2015, President Obama signed an<br />
Executive Order declaring that certain malicious<br />
cyber-enabled activities constitute a serious<br />
threat to the U.S.’ national security and economic<br />
competitiveness, including specifically the<br />
misappropriation of trade secrets for commercial<br />
or competitive advantage or private financial gain.<br />
ACTION NO. 4.20: Monitor the Federal<br />
Government’s efforts to address trade secret<br />
theft. The U.S. Interagency Strategic Planning<br />
Committees on IP Enforcement, in consultation<br />
with the National Security Council and the Office<br />
of Management and Budget, will annually solicit<br />
from its members and other relevant Federal<br />
agencies and offices any recommended measures<br />
that could be implemented to enhance efforts to<br />
combat U.S. trade secret misappropriation<br />
ACTION NO. 4.21: Identify opportunities<br />
for IP enforcement agencies to support the<br />
Cybersecurity National Action Plan. Following<br />
the release of the Cybersecurity National Action<br />
Plan (CNAP) in 2016, the U.S. Interagency Strategic<br />
Planning Committees on IP Enforcement will<br />
review the strategy to enhance cybersecurity<br />
awareness and protections and maintain<br />
economic and national security. 50 In light of the<br />
growing threats posed by cyber-enabled theft<br />
of trade secrets, the U.S. Interagency Strategic<br />
Planning Committees on IP Enforcement will<br />
identify opportunities to support the CNAP<br />
implementation, and its application to cyberbased<br />
IP risks, through agency work. Additionally<br />
the U.S. Interagency Strategic Planning<br />
Committees on IP Enforcement will ensure<br />
alignment with existing cybersecurity incident<br />
response policies in the event of IP theft that also<br />
represents a cyber incident.<br />
SECTION 4<br />
By sanctioning malicious cyber actors, the<br />
Executive Order aims to disrupt both the supply<br />
side (by authorizing sanctions on those who<br />
perpetrate the acts), as well as the demand side<br />
(by authorizing sanctions against entities that<br />
knowingly receive or use the stolen trade secrets),<br />
effectively limiting an entity’s ability monetize the<br />
stolen trade secrets.<br />
See: Executive Order 13694 (April 01, 2015).<br />
ACTION NO. 4.19: Prioritize diplomatic<br />
efforts to protect trade secrets overseas.<br />
The Department of State, USPTO, USTR, and<br />
other relevant members of the U.S. Interagency<br />
Strategic Planning Committees on IP Enforcement<br />
will work together on a strategy for further<br />
diplomatic engagement to protect U.S. trade<br />
secrets internationally.<br />
ACTION NO. 4.22: Enhance education programs<br />
related to economic espionage and trade secret<br />
theft. Within two years of the issuance of this<br />
Plan, the U.S. Interagency Strategic Planning<br />
Committees on IP Enforcement will coordinate<br />
an evaluation of whether gaps exist in Federal<br />
education and public awareness campaigns with<br />
respect to prevention of economic espionage and<br />
trade secret theft. The U.S. Interagency Strategic<br />
Planning Committees on IP Enforcement will<br />
develop a plan for addressing any such gaps.<br />
G. PROMOTE SUPPLY-CHAIN ACCOUNTABILITY IN<br />
GOVERNMENT ACQUISITIONS.<br />
Each year, the Federal Government spends more<br />
than $6 billion on software through more than 42,000<br />
transactions, 51 which range “from large delivery orders<br />
142