The GIPC has worked closely with Congress to make certain that the Executive Branch has the personnel, authorities, and resources necessary to carry out its IP protection, enforcement, and promotion responsibilities. This includes ensuring that the protection and advancement of current IP rights and norms remains a centerpiece of the administration’s trade policy; that enforcement efforts carried out by the Department of Justice and the Department of Homeland Security remain vigilant.

As such, the GIPC supports the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009 (S. 1631), introduced by Senate Finance Committee Chairman Baucus and Ranking Member Grassley. This legislation earned the GIPC’s support because it includes provisions that would bolster IP enforcement resources and tools for the Department of Homeland Security through its Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) agencies. These agencies play a critical role in stopping the increasing flow of counterfeit goods into U.S. ports and across the borders, and thus require a range of additional resources. 

Recent statistics emphasize the need for increased enforcement. IP seizures in the U.S. increased by 9.7% from 2007 to 2008, with 14,992 seizures recorded at a domestic value of over $270 million, an increase of over 38%. The customs bill, introduced by senators Max Baucus and Chuck Grassley, also does the following:

• Establishes high-level government leadership that will prioritize IP enforcement — The bill combines the international and commercial offices of the CBP under a single Assistant Commissioner and formally authorizes the National Intellectual Property Coordinating Center under an Assistant Director at U.S. Immigration and Customs Enforcement (ICE). 
• Increases IP resources with better training for those in the field — The bill requires an assessment of the optimal allocation of personnel to ensure that both CBP and ICE are effectively enforcing IP while ensuring that CBP personnel are adequately trained to detect and identify imported goods that violate IP laws.
• Enhances the IP enforcement capabilities of CBP and ICE — The billcalls for the development of a Joint Strategic Plan that addresses IP enforcement while establishing individual National Targeting and Analysis Groups to assist port inspectors. The bill also: calls for a list of previous offenders as well as trustworthy partners; lessens administrative barriers to information sharing between the rights holders and the CBP; and launches information campaigns educating travelers on the consequences of transporting goods that violate IP laws.

On October 20, 2009 Rick Cotton, Executive Vice President and General Counsel of NBC Universal, and GIPC Chairman testified before the Senate Finance Committee on behalf of the Coalition Against Counterfeiting and Piracy (CACP) that cross-border IP theft has “mushroomed from a cottage industry into a global network that endangers our economy, kills our jobs, threatens our citizens’ health and safety and nourishes organized crime.”  Cotton stated that Congress should use the authorization process to upgrade IP enforcement capabilities at CBP and ICE, and raise anti-counterfeiting and piracy responsibilities to senior levels at these agencies. The economic future of the U.S., he added, depends on innovation, ingenuity, and creativity.  Further, America’s international competitiveness relies on the technical sophistication of our products, the global recognition of our brands for quality, and the appeal of our creative industries.

Passage of S. 1631 in 2010 is a top priority for the GIPC this year.