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May 10, 2012
Enforcing Intellectual Property Rights at the Border
U.S. Customs and Border Protection
Presenter’s Name June 17, 2003
For official use only
Protecting America
Presenter’s Name June 17, 2003
For official use only
A Challenging Task
330 Ports of entry
100,000+ miles of border/shoreline
60,000 containers daily
30,000,000 cargo entries annually
250,000,000 postal & express entries
725,000 importers
60,000 employees
Presenter’s Name June 17, 2003
For official use only
Our Enforcement Team
Officers
Import Specialists
Fines and Penalty Officers
International Trade Specialists
Attorneys
Auditors
National Intellectual Property
Coordination Center (IPR Center)
The Future of Risk Management
5-Year IPR Strategy
Deter
Penalties
Audits Criminal
Post - Entry
Enforce
Training
Voluntary Disclosure Seizure / Forfeiture / Destruction
Entry
Facilitate
Supply / Distribution Chain
Management
Targeting
Authentication Tools
Pre - Entry
Modernize Laws Processes Technology
Invest Human Capital Technology Outreach
Partner U.S.Government Foreign Governments Industry
DHS IPR Seizure Statistics
Seizure Examples
International Partners
Training and capacity building: Thailand, Egypt, Brunei, Mali, Peru, Ukraine, Kenya, Uganda, Russia, Morocco,
Turkey, Trinidad & Tobago
International Agreements and Organizations: ACTA, APEC, WCO, G8, US-EU, JCCT, China, Korea, Interpol
Joint Operations: France, Australia, APEC, EU
Presenter’s Name June 17, 2003
Operation APEC
Objective
Protect public health and enhance
enforcement in postal and express
courier facilities
Deliverables
Mutual enforcement operation
Model effective practices
U.S. Results
2,530 Exams
462 Seizures (>250,000 pills)
120 IPR Seizures
$414,320 MSRP of IPR Seizures
Presenter’s Name June 17, 2003
For official use only
U.S. Government Collaboration
Intellectual Property Enforcement
Coordinator
Immigration and Customs
Enforcement – IPR Center
Other Federal Agencies
Trade Community Outreach
Trade community input from
groups and meetings
IPR Subcommittee of the
Advisory Committee on
Commercial Operations of
Customs and Border Protection
(COAC)
Working groups with the
Coalition Against Counterfeiting
and Piracy (CACP)
Program Overview Goal
Industry Based
approach
CBP’s National
Targeting and Analysis
Group and Centers of
Excellence and
Expertise are focused
on specific industries
Enhance and centralize
CBP’s knowledge and
expertise about specific
industries, their import
practices, and their
concerns to better
facilitate trade
Product ID Guide
Collection and Port
training
Right holders can
submit product ID
guides or provide
training at ports for
recorded rights
Increase information
sharing to enhance
infringement
determination
IPR Speaker Request
Website
Web-based speaker
request
Increase information
sharing and provide
venue for trade input
Information Sharing is Critical Information enhances targeting targeting focuses
enforcement on high risk shipments and facilitates release of
legitimate goods without delay
How to share information
Recordation
Center for Excellence and Expertise
National Targeting and Analysis Group – Los Angeles
Regulations and Rulings Branch – Office of Trade
e-Allegations
Product ID guides
Product training
Registration vs. Recordation
Registration - filing for a
trademark with the U.S. Patent
& Trademark office or copyright
with the U.S. Copyright Office
Recordation - Bringing a valid,
registered right to CBP to
protect against infringing
imports
IMPORTANT! – Recorded
trademarks and copyrights are
entitled to greater protection by
CBP than non-recorded rights
Presenter’s Name June 17, 2003
Authentication Technology
CBP seeks authentication
tools that can be used for
multiple products or across
industries.
Raman Analyzers
Portable
Enable on-the-spot authentication
Industry Support
Product libraries
Product ID guides
Samples
Training
Presenter’s Name June 17, 2003
Distribution Chain Management
Goal: To authenticate an entire shipment prior to or
immediately upon arrival by shifting participating authentic
shipments into the trusted segment of imports.
Benefits:
Reduced costs from physical examinations
More effective use of CBP resources
Enhanced targeting
Increased seizures
Presenter’s Name June 17, 2003
For official use only
The Future of IPR Enforcement
Secure supply and distribution
chains
Employ advanced risk models
Conduct IPR audits
Collaborate with criminal
investigators
Contact
U.S. Customs and Border Protection
www.cbp.gov/ipr
Office of International Trade
Sarah Price
International Trade Specialist, IPR Policy
202-863-6045
IPR Policy & Programs
NTAG – LA
Pharmaceutical Center for Excellence and Expertise
Presenter’s Name June 17, 2003
For official use only
