Intellectual Property Rights Enforcement: The U.S. Perspective Presentation in Guangzhou, China Timothy Browning Consul, Intellectual Property Rights Officer U.S. Consulate General Guangzhou U.S. Patent and Trademark Office Guangzhou, China November 2013 Discussion Topics • Why IP enforcement matters • U.S. Government agencies handling IPR • StopFakes.gov • Enforcement options in the U.S. • Trade secrets 2 Why IP Enforcement Matters Value of U.S. intellectual property (2011): USD $5,500,000,000,000 ($5.5 trillion) RMB ¥33,659,725,000,000 (¥33.66 quadrillion) (Source: National Crime Prevention Council, U.S. Department of Justice, quoting U.S. Chamber of Commerce) Theft of U.S. intellectual property (2011): USD $250,000,000,000 ($250 billion) RMB ¥1,529,987,500,000 (¥1.53 trillion) American jobs lost: 750,000 (Source: National Crime Prevention Council, U.S. Department of Justice; http://www.ncpc.org/topics/intellectual-property- theft/facts-and-figures-1.) 3 Why IP Enforcement Matters Dilution of brands and reputation Health and safety concerns Fostering criminal enterprises MONEY: Easily made with relatively low risk Many opportunities for infringement Questionable components entering U.S. markets Health and safety: Counterfeit drugs, fast-moving consumer goods, food products Trademarks: Luxury goods, pharmaceuticals, electronics, toys, auto parts, and electrical components Copyrights: The internet as a source for movies, music, and periodicals 4 Why IP Enforcement Matters E-commerce platforms (eBay, Alibaba, Taobao): Selling counterfeit goods 5 The Enforcement System in the U.S. Administrative Enforcement Civil Enforcement Criminal Enforcement Border Enforcement 6 U.S. Government Agencies Handling IPR • The Patent and Trademark Office works and coordinates with other U.S. Government colleagues domestically and overseas to address enforcement challenges and commercial disputes: Department of Homeland Security: U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) State Department Commerce Department United States Trade Representative Food and Drug Administration U.S. Postal Inspection Service Department of Justice and United States Attorney’s Offices, and the Federal Bureau of Investigation (FBI) U.S. International Trade Commission 7 Locations of U.S. IPR Attachés and Officers 8 www.stopfakes.gov 9 http://www.stopfakes.gov/business-tools/country-ipr-toolkits 10
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