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Intellectual Property Enforcement Coordinator (IPEC) re: felonies, etc.

Intellectual Property Enforcement Coordinator (IPEC) re: felonies, etc.

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Published by Ven Geancia
ADMINISTRATION’S WHITE PAPER ON INTELLECTUAL PROPERTY ENFORCEMENT LEGISLATIVE RECOMMENDATIONS

On June 22, 2010, the U.S. Intellectual Property Enforcement Coordinator (IPEC) issued the Administration’s first Joint Strategic Plan on Intellectual Property Enforcement (Strategy), which was developed in coordination with many Federal agencies, including the Departments of Commerce, Health and Human Services, Homeland Security (DHS), Justice (DOJ), and State, and the U.S. Trade Representative. As part of the Strategy, the Administration undertook to review existing laws to ensure that they were effective and to identify deficiencies that could hinder enforcement. Based on that review, this White Paper identifies specific recommended legislative changes, designed to increase the effectiveness of U.S. enforcement efforts. We will, of course, continue to assess existing legislation and recommend any further changes to the law as the need arises.

1. Increase the statutory maximum for economic espionage (18 U.S.C. § 1831) from 15 years in prison to at least 20 years in prison; and
2. Increase the statutory maxima for drug offenses under the Federal Food, Drug and Cosmetic Act (FFDCA), particularly for counterfeit drug offenses.
ADMINISTRATION’S WHITE PAPER ON INTELLECTUAL PROPERTY ENFORCEMENT LEGISLATIVE RECOMMENDATIONS

On June 22, 2010, the U.S. Intellectual Property Enforcement Coordinator (IPEC) issued the Administration’s first Joint Strategic Plan on Intellectual Property Enforcement (Strategy), which was developed in coordination with many Federal agencies, including the Departments of Commerce, Health and Human Services, Homeland Security (DHS), Justice (DOJ), and State, and the U.S. Trade Representative. As part of the Strategy, the Administration undertook to review existing laws to ensure that they were effective and to identify deficiencies that could hinder enforcement. Based on that review, this White Paper identifies specific recommended legislative changes, designed to increase the effectiveness of U.S. enforcement efforts. We will, of course, continue to assess existing legislation and recommend any further changes to the law as the need arises.

1. Increase the statutory maximum for economic espionage (18 U.S.C. § 1831) from 15 years in prison to at least 20 years in prison; and
2. Increase the statutory maxima for drug offenses under the Federal Food, Drug and Cosmetic Act (FFDCA), particularly for counterfeit drug offenses.

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Published by: Ven Geancia on Jul 03, 2011
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07/05/2011

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MARCH 2011
 ADMINISTRATION’S WHITE PAPER ON INTELLECTUAL PROPERTY ENFORCEMENT LEGISLATIVERECOMMENDATIONS
 
INRODUCION
On June , 00, the U.S. Intellectual Property Enorcement Coordinator (IPEC) issued theAdministration’s rst Joint Strategic Plan on Intellectual Property Enorcement (Strategy), which wasdeveloped in coordination with many Federal agencies, including the Departments o Commerce,Health and Human Services, Homeland Security (DHS), Justice (DOJ), and State, and the U.S. TradeRepresentative. As part o the Strategy, the Administration undertook to review existing laws to ensurethat they were eective and to identiy deciencies that could hinder enorcement. Based on thatreview, this White Paper identies specic recommended legislative changes, designed to increase theeectiveness o U.S. enorcement eorts. We will, o course, continue to assess existing legislation andrecommend any urther changes to the law as the need arises.Piracy and countereiting in the online environment are signicant concerns or the Administration. Theycause economic harm and threaten the health and saety o American consumers. Foreign-based andoreign-controlled websites and web services raise particular concerns or U.S. enorcement eorts. Weare aware that members o Congress share our goal o reducing online inringement and are consider-ing measures to increase law enorcement authority to combat websites that are used to distribute orprovide access to inringing products. We look orward to working with Congress on those eorts andthe recommendations contained in this paper in the coming year.Turning to the specic recommendations, the Administration recommends increasing the statutorymaxima or the ollowing oenses:
1.
Increase the statutory maximum or economic espionage (8 U.S.C. § 83) rom 5 years inprison to at least 0 years in prison; and
2.
Increase the statutory maxima or drug oenses under the Federal Food, Drug and CosmeticAct (FFDCA), particularly or countereit drug oenses.The Administration recommends that Congress: () direct the U.S. Sentencing Commission to increasethe U.S. Sentencing Guideline range or intellectual property oenses; () require the U.S. SentencingCommission to consider ve specic categories o changes to the Guidelines; and (3) require the U.S.Sentencing Commission to act within 80 days o such legislation being adopted (including issuing areport explaining why it has not adopted any o the specic recommendations). The ve categories o specic recommendations or the U.S. Sentencing Commission are:
1.
Increase the U.S. Sentencing Guideline range or the thet o trade secrets and economic espio-nage, including trade secrets transerred or attempted to be transerred outside o the U.S.;
2.
Increase the U.S. Sentencing Guideline range or trademark and copyright oenses wheninringing products are knowingly sold or use in national deense, national security, criticalinrastructure, or by law enorcement.
3.
Increase the U.S. Sentencing Guideline range or intellectual property oenses committed byorganized criminal enterprises/gangs;

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