Criminal Enforcement of Intellectual Property Rights
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Counterfeiting and piracy were once limited to T-shirts and music sold on street corners. Today, copyright owners encounter infringers more often than customers. Counterfeit goods are sold via the Internet to consumers and wind their way through supply chains into everything from cell phones to weapons platforms. Rights owners suffer brand diminution and economic loss. Counterfeits threaten public health and safety, causing unscheduled maintenance, property damage, physical injury, and even death. Some counterfeits imperil national security by jeopardizing military readiness and mission success enabling cyber espionage, while negatively impacting the safety of service members. Theft of trade secrets derails fair competition and deprives businesses of the fruits of their investments. Economic espionage can imperil national security through the compromise of military technologies.
In Criminal Enforcement of Intellectual Property Rights : U.S. Perspective, career federal prosecutor Sherri Schornstein demystifies the criminal legal process by guiding readers through the federal prosecution maze. She offers detailed information about criminal enforcement, including the roles of government agencies and how private industry can develop case referrals. She also provides cross-industry interviews with former high-ranking government insiders, investigators, attorneys, academics, and brand protection professionals who share experiences concerning the enforcement challenge. This book will be a valuable addition to every industry sector and a resource for those in other countries seeking to understand how the U.S. criminal justice system addresses IP crime.
Features• Provides in-depth information about the criminal enforcement of intellectual property rights in the United States • Explains the criminal legal process with ways to develop cases for criminal referral • Describes how to present a case to the government for investigation and prosecution • Provides detailed resource and reference information along with the links to the Internet sources to facilitate further research • Contains helpful appendices to supplement the analysis along with pertinent contact information for government and industry trade groups
"This work constitutes a very valuable new addition to the literature on U.S. government roles and activities in the IP enforcement realm generally. It enables the reader to 'crack the code' applicable to a heretofore bewildering array of U.S. federal agencies, offices, divisions, and programs devoted to IP enforcement activities. " (From the Foreword)
- -Nancy Kremers, USPTO Senior IPR Attaché, Beijing, China (2009-2012)
"Sherri Schornstein has done an impressive job describing the state of criminal enforcement of IPR in the United States. For academics and government officials alike, this is an important baseline study enriched by her far-ranging interviews and examination of key U.S. IPR cases. This work highlights the danger that counterfeiting and related IPR crime represent to public health and welfare, national security, and national economic interests. This book makes a valuable contribution to U.S. and international understanding of the importance of the criminal legal process to managing this global problem. "
- -Ambassador (ret) Richard Kauzlarich, Deputy Director, Terrorism, Transnational Crime and Corruption Center (TraCCC), George Mason University
"What a gem! Sherri Schornstein's book provides an invaluable resource for anyone dealing with the challenges of worldwide intellectual property crimes. She brilliantly provides striking examples of how these crimes threaten financial interests and how law enforcement tries to combat them. It is a must-read for anyone trying to deal with the challenges of copyright, trademark, patent, and trade secret crimes. "
- -Laurie L. Levenson, Professor of Law David W. Burcham Chair of Ethical Advocacy Loyola Law School
"Part thriller and part how-to manual for fighting the scourge of counterfeit products, Schornstein's book uses true stories to entertain, educate, and empower. This is a 'must read' for all rights holders and officials involved in IP rights and IP crime. "
- -Keith E. Williams
President & CEO Underwriters Laboratories, Inc.
Table of Contents
Chapter 1 Overview and Scope of the IP Enforcement Challenge
Chapter 2 The Role of Key U.S. Federal Government Agencies in IP Enforcement and Policy
Chapter 3 How They Do It: Views on IP Enforcement
Chapter 4 Prosecution and the Criminal Justice System
Chapter 5 Counterfeit Integrated Circuits
APPENDIX A Index to Abbreviations and Acronyms
APPENDIX B Checklists for Reporting IP Crimes to Law Enforcement
APPENDIX C Core Intellectual Property Criminal Statutes
APPENDIX D Governmental and Industry Trade Group and Organizational Contacts