ENFORCEMENT
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Joint Strategic Plan on Intellectual Property Enforcement<br />
FIG. 46: Dangerous Goods Abound - Example of Counterfeit Bicycle Helmet Sold Online.<br />
SAFETY TESTING RESULTS:<br />
Dynamic Retention Test: Counterfeit helmet<br />
is strapped and adjusted to a level head form.<br />
A 4kg weight is secured to the chinstrap and<br />
dropped .6m. The straps can’t stretch more<br />
than 30mm. The fake exceeded 30mm.<br />
= FAIL<br />
Source: http://www.bicycling.com/bikes-gear/components/catch-counterfeiter-sketchyworld-fake-bike-gear<br />
Impact Test: Counterfeit helmet is strapped<br />
to a 5kg head form and dropped from<br />
various heights onto flat, hemispherical and<br />
metal anvils. Peak instantaneous acceleration<br />
on impact may not exceed 300 Gs. The fake’s<br />
peak acceleration reached 1,052 Gs.<br />
= FAIL<br />
SECTION 2<br />
purchasing products online that later turned out to<br />
be counterfeit. 82 In addition to defrauding customers,<br />
these counterfeit products can cause serious injury<br />
and even death (FIG. 46).<br />
It is difficult to identify and effectively terminate<br />
online sellers of counterfeit goods. The scale and<br />
volume of the transactions presents unique challenges.<br />
Alibaba Group Holding, for example, reported over $14<br />
billion in e-commerce transactions in 2015 during its<br />
“Singles’ Day” (November 11th), which is a peak day for<br />
e-commerce activity in China. 83<br />
Opportunities exist for governments, rights<br />
holders, and the owners and operators of e-commerce<br />
sites to engage in sustained and meaningful efforts<br />
to combat counterfeiting within these e-commerce<br />
platforms. Enhanced coordination between rights<br />
holders and marketplaces, for example, is required<br />
to identify effectively and timely remove infringing<br />
listings, while coordination and cooperation is<br />
necessary among all stakeholders to curb persistent<br />
serial offenders.<br />
Some leading e-commerce businesses have<br />
developed internal best practices and policies with<br />
respect to infringing products. These and other<br />
efforts must be encouraged and directed toward the<br />
continued evolution of these practices, to expanding<br />
the adoption of best practices around the globe, and<br />
to enhancing benchmarking, transparency, and public<br />
reporting of counterfeit incidents in order to support<br />
data-driven policies.<br />
The use of technology by e-commerce platforms<br />
(such as algorithms to spot fraud) has provided<br />
enhanced detection measures over the years that,<br />
coupled with other actions, have reportedly helped to<br />
combat the proliferation of counterfeit goods being<br />
sold online. Technological solutions must not remain<br />
static, and in light of new trends and counterfeit<br />
practices, there remains an opportunity for continued<br />
investments in technological improvements and<br />
innovative business practices to protect consumers and<br />
IP rights holders.<br />
The U.S. Government, by way of its law<br />
enforcement agencies, is in a unique position to share<br />
appropriate information on emerging trends, the<br />
behavior of criminal syndicates, and other relevant<br />
data; and to assist e-commerce sites in refining their<br />
proprietary analytical tools and techniques to identify<br />
and disrupt fraud in the form of counterfeit and pirated<br />
goods carried on their platforms.<br />
ACTION NO. 2.19: Support enhanced<br />
coordination between rights holders and<br />
e-commerce platforms. To help facilitate<br />
enhanced coordination between rights<br />
holders and leading e-commerce platforms,<br />
IPEC—in partnership with the FBI, the IPR<br />
Center, USPTO, USTR, and other relevant<br />
members of the U.S. Interagency Strategic<br />
Planning Committees on IP Enforcement—<br />
will coordinate an annual meeting to assess<br />
the state of e-commerce initiatives to curb<br />
counterfeit trade, and opportunities for<br />
78