24 June 2013Copyright

US lays out IP strategy goals

A report from the US Government on IP enforcement has suggested implementing voluntary initiatives to reduce online infringement.

The recommendations - set out in the 2013 Joint Strategic Plan for Intellectual Property Enforcement (JSP) - look to implement “practical and effective initiatives” in the private sector which could “dramatically reduce” online infringement.

The JSP, now in its third year, says the US Intellectual Property Enforcement Coordinator (IPEC), will continue to facilitate and encourage dialogue among private sector entities that make the Internet function including data storage services, domain name registrars and search engines.

It says: “Together with law enforcement efforts, private sector voluntary actions can dramatically reduce online infringement and change the enforcement paradigm. We encourage all participants to continue to work with all interested stakeholders, including consumer advocacy groups, to ensure that voluntary initiatives are as effective and transparent as possible.”

As a result of the recommendations, the US Patent and Trademark Office (USPTO) is soliciting input from the public and from other parts of the US Government to assist in the evaluation of whether such voluntary initiatives would be effective. Questions the USPTO is asking include: how should “effectiveness” be defined and what mechanisms should be employed to assist in measuring their effectiveness.

However, according to the report, released on June 21, the government is confident that it can be effective. It says: “We remain optimistic that voluntary initiatives will be an effective tool in our multi-faceted approach to fight infringement. IPEC will be vigilant and revisit voluntary measures to make sure that they are working and that they are effective.”

Also noted in the report, which sets out the administration’s overall vision for IP enforcement over the next three years, are government plans to conduct a “comprehensive review” of domestic laws to determine whether there are any legislative changes needed to improve enforcement.

The review will examine potential shortfalls in existing laws, gaps created by advances in technology, and limitations placed on agencies by outdated language. Efforts will also be made to increase the focus on the number of counterfeit goods shipped through international mail and work with express carriers.

The report says this trend has “increased dramatically.” First published in 2010, the JSP provides a comprehensive outline of the state of IP in the US.

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