Project Title

Trademark-Infringement Determinations in a Border-Enforcement Context 

Project Year

2017   

Project Number

CTI 04 2017 

Project Session

Session 1   

Project Type

Standard 

Project Status

Project in Implementation   
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Project No.

CTI 04 2017 

Project Title

Trademark-Infringement Determinations in a Border-Enforcement Context 

Project Status

Project in Implementation 

Publication (if any)

 

Fund Account

General Project Account 

Sub-fund

None 

Project Year

2017 

Project Session

Session 1 

APEC Funding

248,325 

Co-funding Amount

Total Project Value

248,325 

Sponsoring Forum

Intellectual Property Rights Experts Group (IPEG) 

Topics

Intellectual Property 

Committee

Committee on Trade and Investment (CTI) 

Other Fora Involved

 

Other Non-APEC Stakeholders Involved

 

Proposing Economy(ies)

United States 

Co-Sponsoring Economies

Canada; Chile; Hong Kong, China; Japan; Korea; Mexico; Papua New Guinea; Peru; Chinese Taipei; Viet Nam 

Expected Start Date

01/08/2017 

Expected Completion Date

30/09/2018 

Project Proponent Name 1

Daniel Lee 

Job Title 1

Deputy Assistant US Trade Representative for Innovation and Intellectual Property 

Organization 1

Office of the US Trade Representative 

Postal Address 1

600, 17th St, NW Washington, DC 20508, USA 

Telephone 1

1-202 3959549 

Fax 1

Not Applicable 

Email 1

dlee@ustr.eop.gov 

Project Proponent Name 2

Not Applicable 

Job Title 2

Not Applicable 

Organization 2

Not Applicable 

Postal Address 2

Not Applicable 

Telephone 2

Not Applicable 

Fax 2

Not Applicable 

Email 2

Not Applicable 

Declaration

Daniel Lee 

Project Summary

The United States and co-sponsoring economies propose to hold three one-day workshops to assist border and other enforcement officials to better understand how to determine whether trademarks are counterfeit or confusingly similar in a border enforcement context.  These workshops will be held on the margins of the SCCP and IPEG meetings in August 2017, February 2018, and August 2018.  The goals of these workshops include enhancing identification of protected trademarks and enforcement at the border for counterfeit and infringing goods; increasing consumer confidence in product integrity; identifying priorities of various parties and integrating them into a cohesive action plan; and improving border-interdiction skills.  The proposed audience would be border and other enforcement authorities as well as intellectual property offices.

Relevance

The problem of trademark counterfeiting and infringement continues on a global scale and involves the production and sale of a vast array of fake goods, including semiconductors, chemicals, automotive and aircraft parts, medicines, food and beverages, household consumer products, personal care products, and toys.  Consumers may be harmed by fraudulent and potentially dangerous counterfeit or confusingly similar products, particularly medicines, automotive and airplane parts, and food and beverages that may not be subjected to the rigorous “good manufacturing practices” used for legitimate products.  Producers and their employees face diminished revenue and investment incentives, an adverse employment impact, and loss of reputation when consumers purchase fake products.  Governments may lose tax revenue and find it more difficult to attract investment because infringers generally do not pay taxes or appropriate duties and often disregard product quality and performance.  Addressing trade in counterfeit goods through raising capacity among border enforcement officials will benefit consumers, producers, and governments across the APEC region. 

This project falls under Rank 1 and 2 as a project that demonstrates a direct link to promoting regional economic integration via free and open trade and investment and directly supports the APEC Strategy for Strengthening Quality Growth.  We propose three one-day workshops to assist border and other enforcement officials to better understand how to determine whether trademarks are counterfeit or confusingly similar in a border enforcement context.  Specifically, this project will promote the following:

·  the Multilateral Trading System and the Bogor Goals (Rank 1); and

.  Protection and enforcement of intellectual property rights, including trade secrets (Rank 2).

Objectives

Through a series of workshops, this project aims to:

·  Ensure border and other enforcement officials improve their understanding of the importance of trademark protection and enforcement, including the harms of trademark infringing goods; and

.  Increase capacity for effective IPR enforcement among border and other enforcement officials in the region by providing training on trademark infringement determinations in a border enforcement context through a series of three workshops.

Alignment

The Intellectual Property Rights section of the Osaka Action Agenda states that APEC economies will “in conformance with the principles of the TRIPS Agreement:

·  ensure adequate and effective protection, including legislation, administration and enforcement of intellectual property rights,

·  foster harmonization of intellectual property rights systems in the APEC region,

·  strengthen public awareness activities and

·  promote dialogue on emerging intellectual property policy issues, with a view to further improve intellectual property rights protection and use of the intellectual property rights systems for the social and economic benefit of members.” 

Also, the Customs Procedures section of the Osaka Action Agenda states that APEC economies will “Protect intellectual property rights by adopting or abiding by the principles of the TRIPS Agreement with regard to border control while encouraging further acceleration, if possible, through technical assistance.” 

This project will support the above actions to which the APEC economies are committed by enhancing adequate and effective enforcement of IPR at the border through three workshops.  These workshops will educate government officials on the importance of protecting and enforcing trademarks and how to make trademark infringement determinations in a border-enforcement context. 

In addition, the 2014 IPEG Work plan includes, as one of its goals, an initiative on effective enforcement.  This project will help APEC economies improve effective enforcement against counterfeit and confusingly similar goods at the border.

TILF/ASF Justification

Not Applicable.

Beneficiaries and Outputs

Outputs: This project will result in a series of three workshops to assist border and other enforcement officials to better understand how to determine whether trademarks are counterfeit or confusingly similar in a border enforcement context.  Benefits for the APEC region will include enhancing identification of protected trademarks and enforcement at the border against counterfeit and infringing goods; increasing consumer confidence in product integrity; identifying priorities of various parties and integrating them into a cohesive action plan; and improving border-interdiction skills. 

Outcomes: Workshop participants will improve their understanding of the importance of trademark protection and enforcement, including the harms of trademark infringing goods, as well as increase their capacity with respect to trademark infringement determinations in a border enforcement context.  Participants will be able to apply workshop knowledge directly to their jobs and to conduct workshops for colleagues in their home economies.  Given the global nature of the production and trade in trademark infringing goods, these workshops will increase effective border enforcement across the APEC region through increasing capacity among APEC economies.

Beneficiaries: Workshop participants will include working-level officials from border enforcement agencies and intellectual property authorities from across all APEC economies, including participation from IPEG and SCCP delegates.  They will gain additional skills and knowledge and will be able to share best practices in their home economies.  These outcomes will help raise the level of effective enforcement against counterfeit and confusingly similar goods across the APEC region, benefiting consumers, producers, and governments.

Dissemination

We will share electronic versions of workshop presentation slides with participants so that they can more easily share the knowledge and information from the workshop in their home economies.  We will also assemble and post the agenda, presentation slides, and any other relevant materials from each workshop on the APEC Meeting Document Database, which will serve as a curriculum guide that participants can use to conduct their own workshops in their home economies so that a wider audience can also benefit.  In addition, we will share the project monitoring and completion reports with delegates to IPEG, SCCP, and CTI.

Gender

When selecting workshop experts to make presentations, we will take into consideration the participation and engagement of both men and women.  In addition, we will request that each economy take gender balance into account in nominating participants to the workshops. 

More effective border enforcement will contribute to product safety of and consumer confidence in goods traded across the APEC region, which promotes innovation and enhances social welfare.  This will benefit the whole society in each APEC economy, including both men and women.

Work Plan

Late June – August 2017:  After receiving final BMC approval, plan for Workshop 1, including selecting a venue, finalizing agenda, recruiting experts and participants, and other logistical items. 

August 2017:  Hold Workshop 1, including topics related to trademarks as an indicator of source for goods and services; similarities and differences between member economies on criteria for determining what is confusingly similar; for member economies that do not protect against confusingly similar trademarks, explaining the importance and need for such protection; determining whether a mark is confusingly similar; and the impact of trademark infringement on rights holders. 

August – September 2017:  Conduct evaluations and disseminate workshop materials. 

November 2017 – February 2018:  Plan for Workshop 2, including incorporating feedback from Workshop 1, selecting a venue, finalizing agenda, recruiting experts and participants, and other logistical items. 

February 2018: Hold Workshop 2, including topics related to the role that different government agencies play in addressing trademark misappropriation; best practices in building effective relationships between Customs and police services and rights holders; and best practices in effective trans-national law enforcement and border-enforcement strategies. 

February – March 2018:  Conduct evaluations and disseminate workshop materials. 

May – August 2018:  Plan for Workshop 3, including incorporating feedback from Workshop 1 and 2, selecting a venue, finalizing agenda, recruiting experts and participants, and other logistical items. 

August 2018: Hold Workshop 3, including topics related to effective risk assessment; border-measure obligations and procedures; and utilizing technology and ex officio actions to reduce commercial-scale counterfeiting. 

August – September 2018:  Conduct evaluations, disseminate workshop materials, and consider follow-up steps. 

Regarding workshop participants, we will ask APEC economies to nominate participants with a view to including:

·  Customs officials from each economy, preferably one responsible for IPR enforcement policymaking and one responsible for IPR enforcement practices;

·  Officials from IP offices in APEC economies; and

·  Representatives/delegates from SCCP, the World Customs Organization, and IPEG.

Risks

Risk 1: Identified speakers might not be available to participate in the workshop. 

Risk management: For each workshop, project overseers will take prompt action on the selection of the speakers and confirm their participation as early as possible.  Project overseers will also develop lists of back-up speakers. 

Risk 2: Low interest in participation. 

Risk management: For each workshop, project overseers will take prompt action and follow up in reaching out IPEG and SCCP delegates for nominations of participants.  Project overseers will work with delegates from IPEG and SCCP to promote participation in the workshops. 

Risk 3: Duplication of work of other APEC fora. 

Risk management: Project overseers will take into consideration the ongoing projects and activities handled by other APEC fora which may pose a risk of potential duplication with this project, and consult with their overseers to avoid the duplication of work when they select the topics or speakers.

Monitoring and Evaluation

We will monitor the progress of preparation for the workshop against the work plan set out in Section 10.  The relevance of agenda and speakers is subject to peer review by members of IPEG.  We will also monitor quantitative indicators, including the number of participants and speakers from each member economy and the gender breakdown of participants and speakers. 

We plan to circulate a questionnaire to all the participants to collect their comments after each workshop.  The collected comments will be reflected in subsequent workshops, as well as in the project monitoring reports and project completion report.  Also, the result of the workshop and feedback from the questionnaire will be reported to IPEG, SCCP, and CTI for their evaluation.

Linkages

Engagement: Experts from the WCO, a leading multilateral organization in the promotion of IPR border enforcement, and the SCCP will be invited as speakers as well as participants.  The results and benefits of this workshop will be communicated to IPEG, as well as to SCCP and CTI. 

Previous Work: SCCP conducted a workshop on intellectual property rights border enforcement in 2014 (Project: CTI 29 2013).  This program would look to build upon that work. 

APEC’s Comparative Advantage: This project is a capacity building activity that will support the goals of the Osaka Action Plan and the IPEG Work Plan.  In addition, capacity building activities under the WCO are regionally conducted in principle.  The WCO categorizes its Members into 6 regions, and APEC member economies are divided into two different regions, one is Asia and Oceania and the other is Americas and Caribbean.  This APEC workshop will be able to take advantage of experiences of both regions.

Sustainability

Participants will be able to apply workshop knowledge directly to their jobs and to conduct workshops for colleagues in their home economies.  In addition to a curriculum guide, the sponsoring economy will be available to provide advice and feedback to participants on organizing their own workshops.  Given the global nature of the production and trade in trademark infringing goods, these workshops will increase effective border enforcement across the APEC region through increasing capacity among APEC economies. 

Questionnaires after each workshop will help measure progress on outcomes and impacts.  This feedback will be incorporated into subsequent workshops.  In conjunction with discussion and interest among IPEG representatives, we will evaluate next steps, such as potentially working on a set of best practices, after the completion of the three workshops.

Project Overseers

Daniel Lee
Deputy Assistant U.S. Trade Representative for Innovation and Intellectual Property
Office of the U.S. Trade Representative 

Daniel Lee currently serves as Deputy Assistant U.S. Trade Representative for Innovation and Intellectual Property at the Office of the U.S. Trade Representative (USTR).  He was a negotiator for the intellectual property chapter of the Trans-Pacific Partnership (TPP) Agreement.  His regional portfolio includes Southeast Asia, Japan, Australia, and New Zealand and has previously included Canada, Mexico, and parts of Latin America and Africa. 

Peter N. Fowler
Senior Counsel for Enforcement
Office of Policy and International Affairs
U.S. Patent and Trademark Office 

Peter N. Fowler is a Senior Counsel for Enforcement in the Office of Policy and International Affairs at the United States Patent and Trademark Office (USPTO), and former Regional Intellectual Property Attaché for Southeast Asia.  In both positions, Mr. Fowler has served as a resource for national IP offices and enforcement-oriented agencies on IP enforcement matters, working on a range of IP enforcement policy issues and training and capacity-building programs.  His portfolio includes ASEAN, Japan, and Oceania, with experience organizing APEC and ASEAN border enforcement capacity-building activities, and has been a technical advisor to the Office of the United States Trade Representative on a number of trade agreements, including the Anti-Counterfeiting Trade Agreement (ACTA) and the Trans-Pacific Partnership Agreement (TPP).

Cost Efficiency

Not Applicable.

Drawdown Timetable

Not Applicable.

Direct Labour

Not Applicable.

Waivers

We may need to seek waivers for actual hotel costs, depending on final venues for upcoming APEC meetings.  Recent APEC meetings have been held at venues above the prevailing per diem rate.  In addition, we may seek waivers to include lunch at the workshop if the “package” cost is cheaper than a room-only rate.

Are there any supporting document attached?

No 
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Version HistoryVersion History

Project No.

Project Title

Project Status

Publication (if any)

Fund Account

Sub-fund

Project Year

Project Session

APEC Funding

Co-funding Amount

Total Project Value

Sponsoring Forum

Topics

Committee

Other Fora Involved

Other Non-APEC Stakeholders Involved

Proposing Economy(ies)

Co-Sponsoring Economies

Expected Start Date

Expected Completion Date

Project Proponent Name 1

Job Title 1

Organization 1

Postal Address 1

Telephone 1

Fax 1

Email 1

Project Proponent Name 2

Job Title 2

Organization 2

Postal Address 2

Telephone 2

Fax 2

Email 2

Declaration

Project Summary

Relevance

Objectives

Alignment

TILF/ASF Justification

Beneficiaries and Outputs

Dissemination

Gender

Work Plan

Risks

Monitoring and Evaluation

Linkages

Sustainability

Project Overseers

Cost Efficiency

Drawdown Timetable

Direct Labour

Waivers

Are there any supporting document attached?

hdFldAdmin

Project Number

Previous Fora

Secretariat Comments

Reprogramming Notes

Consolidated QAF

Endorsement By Fora

PD Sign Off

Batch

Forum Priority

Committee Ranking Category

Committee Priority

PDM Priority

Priority Within Funding Category

Monitoring Report Received

Completion Report Received

PMU Field 1

PMU Field 2

PMU Field 3

On Behalf Of

Proposal Status

Originating Sub-Forum

Approval Status
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