IACC Advocates for Strong IP Protection
The IACC plays an active role in ongoing legislative efforts to improve intellectual property protection at the federal, state and international levels. Below are some of our key issues and initiatives.
“All of Government” IP Enforcement Strategy
Effectively protecting legitimate manufacturers, retailers, and consumers from the harms caused by counterfeiting is a monumental task, and one that requires a coordinated effort across the full breadth of government resources. For over 40 years, the IACC has been recognized by our partners in government as the voice of industry on issues related to anti-counterfeiting.
- USTR Letter re: DCC 2021
- Multi-Association IP Letter to the President_Feb 2021
- Comments in Support of the Department of Homeland Security’s (“DHS”) Report to the President on Combatting the Trafficking of Counterfeit and Pirated Goods
- Comments in Support of the Intellectual Property Enforcement Coordinator’s (“IPEC”) Joint Strategic Plan for Fiscal Year 2020 – 2022
- Written Testimony before House Judiciary Committee – “Counterfeits & Cluttering” – July 2019
- Video – House Judiciary Committee Hearing – “Counterfeits & Cluttering”
- “The Fight Against Fakes” – Senate Finance Committee Bi-partisan Staff Report
Developing a Modernized Customs Enforcement Framework
While global distribution chains for counterfeit goods have evolved rapidly in recent years, legal and regulatory regimes have failed to keep pace. The IACC has been a consistent advocate for the adoption of commonsense laws and regulations that allow for robust collaboration between and among stakeholders in the public and private sectors, and provide a strong framework for the protection and enforcement of IP rights.
- Comments on U.S. Customs & Border Protection’s (“CBP”) 21st Century Customs Framework
- Comments on CBP Proposed Rules re: Disclosure of Information Related to Abandoned Shipments
- Comments on CBP Proposed Rules re: Detention, Seizure, Disclosure, and Destruction of Counterfeit, Pirated, and DMCA-violative Imports
- Comments on CBP Proposed Rules re: Customs Brokers’ “Know Your Customer” Obligations
Ensuring Respect for IP Globally
As the global market for counterfeit goods has expanded, the harms caused by that illicit trade are felt by legitimate manufacturers and consumers around the world. Counterfeiters have consistently sought out jurisdictions with weak enforcement regimes to provide safe havens for their illegal production and distribution of counterfeits. The IACC has been a champion for regional and international cooperation between governments to protect IP and to provide a level playing field for domestic and global brands.
The IACC has provided a voice for its member brands, and for trademark owners more broadly, in identifying key concerns in the global marketplace, and spotlighting those jurisdictions that present the greatest challenges to rights-holders around the world.
- Comments to the U.S. Trade Representative – Special 301 2021
- IACC Comments re National Public Awareness Campaign 2021
- IACC Comments for Secondary Trademark Infringement Liability 2021
- Comments to the U.S. Trade Representative – Special 301 2020
- Comments to the U.S. Trade Representative – Notorious Markets 2020
Supporting Effective Legal Regimes at the State Level
While laws in the United States have provided strong criminal penalties at the federal level since the 1980s, the penalties available at the state level have often lagged behind. Nearly a decade ago, the IACC worked in collaboration with the International Trademark Association to develop the Model State Criminal Counterfeiting Statute. That model legislation provides a number of features in-line with the more-developed federal statute, and seeks to aid in developing uniform standards for adoption by state legislatures. Since its development, the Model has been used as the basis for new or amended statutes in seven states.