STOPfakes News

Office of the U.S. Trade Representative Releases Draft ACTA Text

The 8th round of negotiations on the proposed Anti-Counterfeiting Trade Agreement (ACTA) was held in Wellington, New Zealand from 12-16 April 2010, hosted by New Zealand. Participants in the negotiations included Australia, Canada, the European Union, represented by the European Commission, the EU Presidency (Spain) and EU Member States, Japan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the United States of America. The ACTA participants announced their unanimous agreement to release the text following the round and, on April 21, the Office of the United States Trade Representative (USTR) released the draft ACTA text. The text is now available on the USTR website: www.ustr.gov/acta. (Press Release)

U.S.-EU Intellectual Property Rights Working Group Meets in Washington on September 23-24, 2009

On September 23-24, 2009, a session of the U.S.-EU Intellectual Property Rights (IPR) Working Group was held in Washington, D.C. The meeting was co-chaired for the United States by the U.S. Trade Representative’s Office and the U.S. Department of Commerce, and for the European Union by the European Commission’s Directorates General (DG) for External Trade and Enterprise and Industry.

The session commenced on September 23, with a briefing for transatlantic stakeholders hosted by the U.S. Chamber of Commerce’s Global Intellectual Property Center. At the briefing, officials from both sides of the Atlantic reported about ongoing cooperative efforts to strengthen IPR protection globally through support for U.S. and European small- and medium-sized enterprises (SMEs), joint Customs activities to address concerns related to the growing problem of trade in counterfeit and pirated goods, and capacity-building efforts in third countries.

Officials reviewed the current status of a number of ongoing multilateral discussions currently underway within the Organization for Economic Cooperation and Development, United Nations, and other international bodies. Both U.S. and European Union (EU) officials also reaffirmed a commitment to the Anti-Counterfeiting Trade Agreement (ACTA) negotiations. They also pledged to fairly represent the interests of the various constituency groups who are following the negotiations with interest and to keep them informed as the negotiations progress.

Representatives of DG Enterprise and the Department of Commerce spoke on support for SMEs, particularly the web-based IPR resources that both have developed. DG Enterprise presented a catalogue of on-line IPR tools for SMEs, which can be found under "Online Tools" at its SME Portal and can be accessed at ec.europa.eu/enterprise/sme/. The Department of Commerce noted that an on-line SME IPR training module is now available on the U.S. government IPR portal StopFakes.gov and that the two portals will soon include a link to each other.

U.S. and EU Customs officials rolled out a new brochure titled "Protecting Intellectual Property at Our Borders," which provides information to rights holders on how to work with Customs officials to obtain enforcement of intellectual property rights in both markets. Customs officials also delivered joint Web-Toolkit Product Guidelines, which provide guidance to right holders who are developing toolkits to assist Customs officials in both markets with authenticating suspect shipments. They further noted the success of past joint operations and information exchanges and indicated that discussions are on-going for future joint operations.

On September 24, discussions continued when U.S. and EU officials met at the Department of Commerce to discuss common goals in key third country markets. Both parties agreed to continue to work together to strengthen intellectual property protection through both bilateral and multilateral mechanisms. DG Enterprise and the U.S. Department of Commerce agreed to continue to cooperate in the development of resources that will benefit SMEs. The next meeting of the IPR Working Group is tentatively scheduled to take place in Europe during the first quarter of 2010. The Working Group will report on its activities to the Transatlantic Economic Council and the U.S.-EU Summit.

The United States and the European Union established the IPR Working Group in 2005. The Working Group is composed of IPR officials representing lead agencies and services from both the United States and Europe. It was constituted to identify the areas and modalities for joint action. The Working Group works in close consultation with industry and other interested parties.

Customs Guidelines to Maximize Protection of Intellectual Property

U.S. Customs and Border Protection (CBP) and the European Union (EU) have developed a set of guiding principles for companies to better protect their IP. These guidelines will help enhance U.S. and EU Customs Officers’ abilities to differentiate legitimate and illicit goods and prevent illegal goods from entering the supply chain.

Negotiations Continue on a New Anti-Counterfeiting Trade Agreement

Participants from over eleven governments recently concluded a second round of negotiations for a new Anti-Counterfeiting Trade Agreement (ACTA), with the goal of enhancing the enforcement of intellectual property rights. ACTA participants included: Australia, Canada, the European Union - represented by the European Commission and Member States, including the EU Presidency (France), - Japan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland, and the United States.

Seventh Annual Ambassador’s Roundtable Announced

On November 6th - 7th U.S. Ambassador to China, Clark T. Randt, will host the seventh annual "Ambassador’s Roundtable on Intellectual Property" in Beijing, China. The Ambassador’s Roundtable provides an opportunity for American businesses and entrepreneurs to discuss the latest news regarding the protection and enforcement of IP within China. This year discussions will highlight new Chinese legislation and strategies, including China’s new National IPR Strategy; the new Anti-Monopoly Law; current efforts to revise patent, trademark, and copyright laws; and the rejuvenated bilateral JCCT IPR Working Group.

President Bush Announces New IP Enforcement Coordinator

The President announced today his intention to appoint Wayne B. Paugh to be the U.S. Coordinator for International Intellectual Property Enforcement. As Coordinator, Paugh will work with agencies across the Administration to coordinate policies and programs to enforce intellectual property rights overseas through both the Administration’s STOP! Initiative, the Strategy Targeting Organized Piracy, and the National Intellectual Property Law Enforcement Coordination Council. (White House Press Release)

USTR Releases 2008 “Special 301” Report

The United States Trade Representative (USTR) issued the annual Special 301 report on U.S. trading partners efforts to protect and enforce intellectual property (IP). The annual report issued by USTR reviews IP protection efforts made around the world and depicts important country specific information used by policy-makers to address challenges of IP protection. Counterfeiting and piracy negatively impacts the national economy, decreases jobs, and threatens consumer health and safety. The Bush Administration has amplified efforts to confront IP crimes through enhanced coordination of agencies tasked with protecting and enforcing IP across the Federal Government. (USTR Press Release

Five New IP-Toolkits Launched on STOPfakes.gov

The United States launched five new IP-Toolkits to aid American innovators and entrepreneurs protect their intellectual property. The Toolkits were created through collaboration from across the Government agencies and focus on specific countries, including Egypt, India, Paraguay, Thailand, and Vietnam. These new Toolkits bring the total number of country toolkits to 15.

Program on Protection of Intellectual Property in China and the Global Market

On April 2-3, the Department of Commerce’s U.S. Patent and Trademark Office is hosting a free, two-day program for American businesses on all of the different measures and procedures available to protect and enforce IP in China and the global marketplace. The program will be held at the Hobby Airport Marriott hotel in Houston, Texas. This program is part of an ongoing initiative to increase public awareness and highlight the importance of protecting and enforcing intellectual property.

Law Enforcement Takes Action Against Counterfeit Cisco Systems Hardware

Officials from the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP), the Department of Justice, Federal Bureau of Investigation and Royal Canadian Mounted Police recently announced results from an ongoing international enforcement initiative between the United States and Canada that targets the illegal distribution of counterfeit network hardware manufactured in China. This ongoing operation has resulted in more than 400 seizures of counterfeit Cisco network hardware and labels having an estimated retail value of more than $76 million. It is being led by ICE, CBP and the FBI working in conjunction with DOJ’s Computer Crime & Intellectual Property Section (CCIPS).

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