Trump’s Memorandum on Combating Trafficking in Counterfeit and Pirated Goods

On April 3rd, President Trump released a memorandum (see Memorandum on Combating Trafficking in Counterfeit and Pirated Goods) calling for improved efforts by government agencies and a coordinated approach between government and private industry in the fight against counterfeit and pirated goods.

Pointing specifically to third-party marketplaces, the memorandum asserts that existing efforts are to be expanded to address the scale, scope, and consequences associated with the sale of counterfeit goods. However, a lack of comprehensive data regarding the trafficking of counterfeit goods on such third-party marketplaces is cited as an obstacle to overcome.

The memorandum issues a call for the Secretary of Homeland Security and the Secretary of Commerce to consult with IP rightsholders, third-party intermediaries, and other stakeholders to collect such data in order to develop a deeper understanding of how third-party marketplaces contribute to and benefit from the sale of counterfeit goods. Further, the Administration seeks to learn what controls and methods have been successfully implemented by third-party marketplaces to curb the trafficking of counterfeit goods.

This data is to be utilized in the development of a report to be issued to the Administration within 210 day of the memorandum’s issuance – a deadline of October 30th, 2019.

To learn how BCGuardian may be able to help your firm collect and/or analyze data responsive to the Trump Administration’s request for data regarding the trafficking of counterfeit and pirated copies of your goods, please contact Michael Candore at m.candore@bcguardian.com.

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