We're getting a head start with collecting member feedback for the USTR's Special 301 Watch List. Your voice matters and greatly informs our submission to the USTR in identifying countries with deficient IP protection and enforcement frameworks. In addition to increasing political pressure on those countries named to the Special 301 Watch List, the report helps the US government set priorities for resources and funding to assist rights-holders in those jurisdictions.
Click here for more information about the USTR Special 301 Watch List and how to submit comments.
The IACC has had a long-standing partnership with Europol which was advanced in 2016 with an MOU signed in Europol’s headquarters in The Hague. The MOU served as the basis to bolster the organizations’ collaborative efforts and pave the way for additional initiatives. Starting in 2017, we worked with Europol to launch the annual Europol IP Crime Conference first in Antwerp, Belgium, and subsequently in Budapest, Hungary and Malaga, Spain. As a result of the COVID-19 pandemic, the 2020 conference was held online and will be held virtually again on November 29, 2021.
I am the Executive Director of Europol, the agency of the European Union for Law Enforcement Cooperation.
How can Europol help brands in the fight against IP crime?
Europol’s mission is to support and strengthen action by competent authorities of the Member States (MS) and their cooperation in preventing and combating organised crime, terrorism and other forms of serious crime affecting two or more MS. Intellectual Property Crime has a peculiar profile and the expertise and the intelligence provided by brand owners is crucial for Law Enforcement Authorities (LEAs) to carry out investigations and to build up an intelligence picture.
Europol, as the EU criminal information hub, collects and processes information to provide all our partners with an accurate and updated overview of the current situation and new criminal trends. Europol coordinates investigations involving several MS, third countries and international organisations. We provide analytical support and on-the-spot support by deploying specialized staff members in various IP crime sectors, such as pharmaceutical products, toys, luxury goods, pesticides as well as illegal streaming and piracy. Europol has developed long-lasting partnerships with key private sector representatives and holds annual conferences jointly with the private stakeholders association.
Why do you think public and private collaboration is important in the fight against IP crime?
Considering their unique knowledge, brand owners are in a key position to detect IP infringements.
Moreover, legitimate businesses share a significant interest in combatting IP crime, given the economic risks, with billions of euros lost by private entities every year, as confirmed by Europol-coordinated operations against IP crime.
Information collected by the private sector and transformed into actionable intelligence by law enforcers is therefore essential towards crime disruption. This is all the more important as we observe fraudsters and IP criminals moving increasingly to the online trade, requiring specific expertise to be able to distinguish a fake website from a genuine one.
Can you describe one way (positive and/or negative) in which the COVID-19 pandemic has impacted Europol’s IP enforcement activities?
The COVID-19 pandemic has provided a boost to the criminal economy. The production and distribution of counterfeit goods have increased sharply during this period. The digitalization of IP crime has contributed significantly to this increase. The COVID-19 pandemic has also created the ground for new criminal opportunities related to pharmaceuticals, as can be observed in this press release. Fraud and counterfeiting related to COVID-19 vaccines have also been flagged by Europol. At the same time, enforcement cooperation has also been enhanced: Europol’s European Financial and Economic Crime Center (EFECC) was established in June 2020, enabling Member States to dismantle more transnational organised criminal groups acting in IP crime.
IACC Annual Conference Postponed
Due to the proliferation of the COVID-19 Delta variant, we have decided to postpone our Annual Conference. The increased risk to health and safety, as well as ongoing and new travel restrictions caused by the Delta variant have made a December conference untenable. We regret we won’t see our friends and colleagues in person this year, but are optimistic that next year will bring better health and travel conditions to facilitate safer and greater participation at our Annual Conference. Stay tuned for further information.
Europol IP Crime Conference
November 29, 2021
3:30pm - 5:30pm CET / 9:30am - 11:30am ET
Join us for the second virtual Europol IP Crime Conference organized by Europol, in partnership with the IACC.
The Europol IPC Conference gathers representatives from law enforcement agencies and the private sector to discuss the fight against IP Crime on an annual basis. This 2021 edition will provide an quick overview of IP enforcement actions in Europe over the year, and will explore the best practices of collaboration between law enforcement agencies and the private sector to enhance IP Crime disruption.
IACC Participated in IPR Center's Global Trade Enforcement Training in the Dominican Republic
On August 2 - 6, 2021, the IACC participated in the National Intellectual Property Rights Coordination Center's (IPR Center) Global Trade Enforcement Training in the Dominican Republic, instructing customs and/or law enforcement personnel from 12 Caribbean nations and TCIU teams. Read the full summary here.
Advertisement opportunities in our newsletter are available. Please contact Dawn Sgarlata at dsgarlata@iacc.org. Ads are limited to IACC members.
Virtual Law Enforcement Trainings
The IACC has continued its virtual CBP training program by hosting two separate three-day series of instruction for the Port of Newark and Port of San Francisco in July and September. Each training hosted 40-60 brands from the Health & Safety, Pharmaceuticals, Apparel & Footwear, Electronics/Software/Hardware, Personal Care and Consumer Mass Marketing categories. These brands presented to CBP Officers, Import Specialists as well as Fines, Penalties & Forfeiture personnel on their latest materials and trends in the fight against fakes. Each training had over 150 participants.
Summary: Amends the Lanham Act to provide for contributory liability of e-commerce platforms in connection with the sale / offer for sale of counterfeit goods by third parties; provides a shield against contributory liability where such e-commerce platforms have adopted certain enumerated best practices. The bill’s provisions are limited to sales in e-commerce of goods deemed to implicate consumers’ health and safety.
Status: Reported favorably by the House Judiciary Committee on September 29th (30-8 vote)
Companion Legislation: S 1843 – introduced in the Senate and referred to the Judiciary Committee; no action taken to date.
Summary: Requires e-commerce platforms to verify the identity of high-volume sellers on an annual basis, and to conspicuously disclose to consumers information identifying the seller.
Status: Introduced in the Senate and referred to the Commerce, Science, and Transportation Committee.
Related Legislation: HR 5502 – introduced in the House and referred to the Energy & Commerce Committee, Consumer Protection Subcommittee.
Summary: Expands and clarifies the authority of U.S. Customs and Border Protection to disclose relevant IP enforcement information to key stakeholders in the supply chain; expands the types of information that can be disclosed to such stakeholders.
Status: The text of S. 1159 was incorporated as an amendment to S. 1260 – the United States Innovation and Competition Act. S. 1260 was passed by the Senate on June 8th, currently awaiting action in the House of Representatives.
The IACC's membership includes a broad range of IP enforcement expertise around the world. We are excited to include this Resource Section in our Quarterly Newsletter where we share interesting insights, research studies, white papers and other thought pieces from our members with our IP community. If you are a member and would like to submit relevant material to be included in our next newsletter, please contact Dawn Sgarlata at dsgarlata@iacc.org.
Disclaimer: The IACC is providing these links as a courtesy to our members; the IACC has not independently verified any claims or assertions contained therein. Further, the views expressed in each of the linked resources are those of the respective authors, and their inclusion should not be interpreted as an endorsement by the IACC.
From mobile apps to social media to online marketplaces, no digital channel is safe from the threat of brand infringement. Want to gauge the level of your vulnerability? Check out our comprehensive brand protection checklist.
Singles Day, also known as 11/11, is the biggest online shopping day in the world and a prominent occasion for brand abuse. Now is the time to set a plan—or revaluate your strategy—for protecting your brand equity and, more importantly, your customers.
Today's brand protection teams have a huge amount of ground to cover. From counterfeit goods to social media impersonators, there are any number of damaging ways a company's identity can be infringed. The threats each business faces will vary, but there are general steps all organizations can take to evolve their approach.
As brands try to use resources effectively, it is worthwhile to consider the role of US Customs in this effort. There are several options to consider that may be part of a broader enforcement strategy.
As online marketplaces continue to be exploited by illicit traders, there is a growing amount of peddling with convincing bootleg and falsified versions of branded products. This activity increases during major global events such as the recent Summer Olympics in Tokyo where it was discovered falsified and unlicensed merchandise was being sold through illegitimate, third party websites.
