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Office of the Intellectual Property Enforcement Coordinator<br />

• To identify the extent of risk to public health and<br />

safety. Significant public health and safety concerns<br />

have been identified in connection with the production,<br />

sale, and distribution of counterfeit goods; however,<br />

there has not been a comprehensive assessment of the<br />

scope and nature of these threats to the individual.<br />

• To identify environmental consequences of illicit<br />

trade. Research is urgently needed to evaluate the<br />

extent to which the manufacture, use, and disposal<br />

of illicit goods (from fertilizers, pesticides to other<br />

products containing heavy metals, for example)<br />

contributes to the degradation of the natural<br />

environment.<br />

• To identify the nexus between counterfeit trade and<br />

exploitative labor practices. Violations of fundamental<br />

human rights have been documented in connection<br />

with the manufacture of counterfeit goods, including<br />

the use of child labor, forced labor (including human<br />

trafficking for the purpose of forced labor), and<br />

sweatshop working conditions. Additional research<br />

is required to understand the labor force associated<br />

with counterfeit trade, at the point of manufacture<br />

and distribution/sale. With a fuller understanding<br />

of the scope of the problem, better tailored policy<br />

solutions may be applied. Researchers might choose<br />

to focus on: (1) what preventive measures might be<br />

implemented to protect the most vulnerable people;<br />

and (2) how labor exploiters recruit victims and what<br />

should be done to stop their iniquitous practices.<br />

• To assess the impact of voluntary initiatives. This<br />

Strategic Plan, like its predecessors, recommends that<br />

certain challenges be addressed through enhanced<br />

corporate leadership and voluntary industry initiatives.<br />

However, there is modest research available to<br />

policymakers evaluating the impact of voluntary<br />

initiatives in curbing IP abuses, or whether particular<br />

voluntary initiative strategies have demonstrated<br />

greater effectiveness than others.<br />

• To assess trends and analytics behind counterfeit<br />

trade via “small parcels.” What are the preferred<br />

platforms and channels used to advertise, sell, and<br />

distribute (ship) individual or small shipments of<br />

counterfeit goods via postal or express mail services?<br />

To what extent are individual sellers of counterfeit<br />

goods, distributed via individual small parcels, part<br />

of, or working with, larger transnational organized<br />

counterfeiting networks? What are frameworks to<br />

effectively respond to the growth in millions of<br />

micro-counterfeit sales transactions that travel via<br />

air shipments?<br />

• To assess trends on consumer knowledge and attitude<br />

in transactions involving counterfeit goods. As a<br />

result of technological advances in materials and<br />

manufacturing practices, the infiltration of counterfeit<br />

goods in online portals, and the growing diversity of<br />

fake products (e.g., counterfeit auto parts, medicines,<br />

personal care products, electronics, food and<br />

beverage, etc.), what is the volume of counterfeit<br />

transactions—by product category or sales technique—<br />

that rely on an element of consumer deception or fraud<br />

(e.g., an unwitting purchase)?<br />

• To assess common characteristics of illicit traders.<br />

For example, what is the trading history of importers<br />

of seized containers of counterfeit goods? Are they<br />

new entrants in trade? How long were companies in<br />

existence? Was a misappropriation of another importer’s<br />

(trusted) identity involved? What transport lines are<br />

preferred by illicit source, product category, etc.?<br />

• To use “big data” in order to better understand,<br />

and minimize, illicit trade in counterfeit goods. How<br />

to increase transparency and better insight into<br />

e-commerce and other digital transactions in order<br />

to understand the characteristics of the illicit trader,<br />

including for purposes of enhanced risk-targeting<br />

and predictive analytics? What techniques could be<br />

employed to enhance the usefulness of customs,<br />

enforcement or private sector data?<br />

• To understand crime syndicates’ exploitation of the<br />

global financial system to support counterfeit trade,<br />

including by way of trade-based money laundering.<br />

What is the global scope of trade-based money<br />

laundering involving counterfeit goods?<br />

• To assess how rogue actors may exploit social<br />

media and similar channels in support of illicit<br />

counterfeit trade. For example, to what extent do<br />

illicit actors use social media tools to generate web<br />

traffic; divert consumers to e-commerce websites<br />

where they sell their goods; utilize in-site “buy<br />

buttons” facilitating purchases directly from page<br />

SECTION 4<br />

145

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