On April 3, 2019, US President Donald Trump released a memorandum on combating trafficking in counterfeit and pirated goods, bringing new attention to this topic. The investigation will be helmed by the Department of Homeland Security (Homeland Security), and will feature input from the Department of Commerce, the Attorney General and several other federal agencies asked to prepare the report within 210 days.
First, the memorandum focuses on counterfeit goods and copyright piracy as an issue to be addressed by Homeland Security and law enforcement, calling for these groups to increase their awareness and efforts with respect to the matter.
Further, the memorandum puts as heavy an emphasis on the trafficking as it does on the production of these goods, putting legitimate intermediaries, such as online shopping retailers and marketplaces, shipping carriers, payment providers, custom brokers and digital pipeline operators, on notice of their role in alleviating counterfeiting and piracy. According to government, the indirect involvement of such intermediaries allows counterfeiters to garner revenue through the illegal trade, and the cooperation of these intermediaries is seen as vital to monitoring the Administration’s concerns.
A report on the state of the issue is expected to be released on November 1, 2019.
Summary By: Hashim Ghazi
Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.
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