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Joint Strategic Plan on Intellectual Property Enforcement ENDNOTES 1 Section 301 of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (“PRO-IP Act”), Pub. L. No. 110-403 (2008), codified at 15 U.S.C. §8111. 2 Section 1 of Executive Order No. 13565, “Establishment of the Intellectual Property Enforcement Advisory Committees” (February 8, 2011), accessed from 76 FR 7681 (February 11, 2011) at https://www.gpo.gov/fdsys/pkg/FR-2012-03-05/ pdf/2012-5366.pdf. 3 The Department of Justice (DOJ) Intellectual Property Task Force (FIG. 63) serves as a variety of a “Whole of Government” structure within one particular Federal department. The Task Force convenes the Federal Bureau of Investigation, the Civil Division, the Criminal Division, the National Security Division, the Office of Justice Programs, the Office of Legislative Affairs, and several other Justice DOJ components together in one IP-focused task force that is chaired by the Deputy Attorney General, and reports to the Attorney General. At the same time, the DOJ IP Task Force serves as a “Specialized Office” unit that is tasked to affirmatively develop and advance DOJ’s response to the criminal exploitation of intellectual property rights. The Task Force “seeks to support prosecutions in priority areas, promote innovation through heightened civil enforcement, achieve greater coordination among federal, state, and local law enforcement partners, and increase focus on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders.” The DOJ IP Task Force “also supports state and local law enforcement’s efforts to address criminal intellectual property enforcement by providing grants and training.” See United States Department of Justice, Intellectual Property Task Force, “Mission Statement,” accessed from http:// www.justice.gov/iptf/mission-statement. 4 The National Intellectual Property Rights Coordination Center (“IPR Center”) was initially established administratively, and was later established in statute in Section 305 of the Trade Facilitation and Trade Enforcement Act of 2015, Pub. L. No. 114-125, 130 Stat. 122 (2016). As the IPR Center’s website explains: “The mission of the IPR Center is to ensure national security by protecting the public’s health and safety, the U.S. economy, and our war fighters, and to stop predatory and unfair trade practices that threaten the global economy. To accomplish this goal, the IPR Center brings together 23 partner agencies, consisting of 19 key federal agencies, INTERPOL, Europol and the governments of Canada and Mexico in a task-force setting. The task force structure enables the IPR Center to effectively leverage the resources, skills, and authorities of each partner and provide a comprehensive response to IP theft.” National Intellectual Property Rights Coordination Center, “About the IPR Center,” accessed from https://www. iprcenter.gov/about-us. In addition, the “IPR Center partners employ a strategic approach to combat IP Theft” that includes investigation, interdiction, and outreach and training. Through their coordinated activities, the IPR Center partners achieve results “greater than the sum of its parts.” Id. For example, the IPR Center participates in Operation Pangea, which “target[s] the advertisement, sale, and supply of counterfeit and illicit medicines and medical devices that threaten worldwide public health and safety.” National Intellectual Property Rights Coordination Center, “Operation Pangea Fact Sheet” (July 2011), accessed from https://www.iprcenter.gov/reports/factsheets/Operation%20Pangea%20Fact%20Sheet%20FINAL%20 -%20IPR%20DIRECTOR%20APPROVAL.pdf. FIG. 63: Department of Justice – Intellectual Property Task Force Attorney General Deputy Attorney General Solicitor General Office of the Solicitor General Associate Attorney General Office of Legal Policy Office of Public Affairs Office of Justice Programs Community Oriented Policing Services Civil Rights Division Civil Division Office of Legislative Affairs Office of Legal Counsel Federal Bureau of Investigation Criminal Division National Security Division Office of Professional Responsibility SECTION 4 Executive Office for U.S. Trustees Office of Violence Against Women Office for Access to Justice Office of Information Policy Foreign Claims Settlement Commission Antitrust Division Tax Division Environment and Natural Resources Division Community Relations Service Office of Tribal Justice (IP Task Force components in yellow) Drug Enforcement Administration Executive Office for U.S. Attorneys U.S. Attorneys Bureau of Alcohol, Tobacco Firearms, & Explosives Bureau of Prisons U.S. Marshals Service INTERPOL Washington Office of the Inspector General Justice Management Division Executive Office for Immigration Review Professional Responsibility Advisory Office Office of Pardon Attorney U.S. Parole Commission Executive Office for Organized Crime Drug Enforcement Task Forces 148
Office of the Intellectual Property Enforcement Coordinator 5 For examples of the IPR Center’s recent notable accomplishments, see Office of the Intellectual Property Enforcement Coordinator, “Annual Report for Fiscal Year 2015 Under Section 304 of the PRO IP Act of 2008,” (April 29, 2016), accessed from https://www.whitehouse.gov/sites/default/files/ omb/IPEC/fy2015ipecannualreportchairmangoodlatteletter.pdf. 6 See, e.g., U.S. Chamber of Commerce, Global Intellectual Property Center, “Infinite Possibilities, U.S. Chamber International IP Index” (February 10, 2016), accessed from http://www.theglobalipcenter.com/wp-content/themes/gipc/ map-index/assets/pdf/2016/GIPC_IP_Index_4th_Edition.pdf. 7 The IPR Center is a notable example of an organizational structure and entity that, in addition to embodying the “Whole of Government” approach (by bringing together 23 different agencies and components), has developed highly specialized expertise and experience in IPR enforcement tactics by its dedication to IPR-related crimes. 8 United States Department of Justice, “About the Computer Crime & Intellectual Property Section,” accessed from http:// www.justice.gov/criminal-ccips. 9 See United States Department of Justice, “PRO IP Act Annual Report FY 2015,” at p. 10, accessed from https://www.justice. gov/iptf/file/876191/download. 10 See United States Department of Justice, “Regional Intellectual Property Law Enforcement Coordinator (IPLEC)” (vacancy announcement), accessed from https://www.justice. gov/legal-careers/job/intellectual-property-law-enforcementcoordinator-iplec-2. As of this Plan’s publication, there are five IPLEC positions; the IPLECs are posted to U.S. embassies in Bangkok, Thailand; Sofia, Bulgaria; Bucharest, Romania; Sao Paula, Brazil; and Hong Kong, China. 11 See United States Department of State, “Intellectual Property Enforcement,” accessed from http://www.state.gov/e/eb/tpp/ipe/. 12 See United States Department of Commerce, International Trade Administration, “Office of Intellectual Property Rights,” accessed from http://trade.gov/mas/ian/oipr/index.asp. 13 35 U.S.C. § 2(b)(9) (PTO “shall advise Federal departments and agencies on matters of intellectual property policy in the United States and intellectual property protection in other countries.”). 14 See United States Patent and Trademark Office, “Intellectual Property (IP) Policy,” accessed from http://www.uspto.gov/ intellectual-property-ip-policy. 15 As of this Plan’s publication, there are 14 IP attaché positions located throughout the world. Most of the attachés have regional responsibilities; there are three attachés for China; and there are separate attachés for the World Trade Organization and for the United Nations’ World Intellectual Property Organization. See United States Patent and Trademark Office, “Intellectual Property (IP) Attaché Program,” accessed from https://www.uspto.gov/ipattache. 16 See United States Copyright Office, “Office of Policy and International Affairs,” accessed from http://copyright.gov/ about/offices/. 17 See the Annual Reports for the Office of the Intellectual Property Enforcement Coordinator for Fiscal Years 2014 and 2015, required under Section 304 of the PRO-IP Act of 2008 (15 U.S.C. § 8114), accessed from https:// www.whitehouse.gov/sites/default/files/omb/IPEC/ fy2014ipecannualreportchairmangoodlatteletter.pdf and https://www.whitehouse.gov/sites/default/files/omb/IPEC/ fy2015ipecannualreportchairmangoodlatteletter.pdf. 18 Operation Pangea “target[s] the advertisement, sale, and supply of counterfeit and illicit medicines and medical devices that threaten worldwide public health and safety.” National Intellectual Property Rights Coordination Center, “Operation Pangea Fact Sheet” (July 2011), accessed from https://www. iprcenter.gov/reports/fact-sheets/Operation%20Pangea%20 Fact%20Sheet%20FINAL%20-%20IPR%20DIRECTOR%20 APPROVAL.pdf. See also INTERPOL, “Operations” (Operation Pangea is “an international week of action tackling the online sale of counterfeit and illicit medicines” that “brings together customs, health regulators, national police and the private sector from countries around the world”), accessed from http:// www.interpol.int/Crime-areas/Pharmaceutical-crime/Operations/ Operation-Pangea.In June 2015, 236 agencies from 115 countries participated in Operation Pangea VIII. Id. 19 Operation Opson V took place in March 2016 with the participation of 57 countries. The effort yielded more than 10,000 tons and 1 million liters of hazardous food and drink. INTERPOL, “Largest-ever seizures of fake food and drink in INTERPOL- Europol operation” (March 30, 2016), accessed from http://www. interpol.int/News-and-media/News/2016/N2016-039. 20 As the USIPR website explains, the Global Intellectual Property Education Database (USIPR) is: “maintained by agencies of the United States Government who provide training and technical assistance relating to protecting intellectual property rights. The database is a tool designed to permit the US Government Agencies to deposit international and domestic intellectual property enforcement training materials or catalogs in a shared database so that all federal agencies have access to them to provide greater consistency and to avoid duplication and waste of resources. These shared goals and others are included in the 2010 Joint Strategic Plan on Intellectual Property Enforcement, June 2010.” United States Patent and Trademark Office, “Welcome to IPR Training Activity Database,” accessed from http:// usipr.uspto.gov/Search.aspx. See also United States Patent and Trademark Office, “About USIPR” (“The USIPR Training Program Database is comprised of U.S. government agencies that provide IPR-related informational programs, training, and technical assistance to foreign officials and policy makers. Many Programs are offered to help developing countries comply with their obligations under the World Trade Organization (WTO) Agreement on Trade Related Aspects of Intellectual Property, commonly known as ‘TRIPs.’ These programs also help the United States meet its TRIPs obligation to provide technical assistance to developing and least developed members of the WTO.”), accessed from http://usipr.uspto.gov/About.aspx. SECTION 4 149
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B. In Furtherance of a Healthy Doma
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PREAMBLE A Reflection on Creativity
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1 THE GLOBAL SCALE OF INTELLECTUAL
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INTRODUCTION The story of intellect
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