December 19, 2024
Dear President-elect Trump:
Congratulations on your return to the White House as the 47th President of the United States.
This cross-industry group of representatives of U.S. manufacturers and owners of intellectual property (IP) rights recognizes your commitment to protecting American businesses and consumers by cracking down on the illicit trafficking of counterfeit goods and protecting IP.
We look forward to working with you to build upon your previous actions, including your 2019 Memorandum on Combating Trafficking in Counterfeit and Pirated Goods (Memorandum). This Memorandum resulted in the interagency report issued by the Department of Homeland Security (DHS), which states “…illicit activity impacts American innovation and erodes the competitiveness of U.S. manufacturers and workers.“
Innovation is the foundation of our economy, but criminals around the world seek to exploit the ingenuity,
creativity, and reputation of American innovators across the Digital Devalue Chain of Counterfeits. Protecting American businesses and their IP against such exploitation is vital for businesses of all sizes. A safe and fair marketplace – both online and offline – benefits manufacturers, consumers, and our national security.
The challenges faced by American businesses have been exacerbated in recent years by the exponential growth of e-commerce. Although the internet has offered convenience across the world to consumers and businesses, the rise of e-commerce also exposes U.S. consumers to an ever-growing network of counterfeiters seeking to profit at their expense. As a result, consumers who are simply looking for a good deal often unknowingly put their health and safety at risk.
This cross-industry group offers suggestions for your consideration in the first 100 days of your Administration.
Appoint and Work to Confirm Key IP Officials Quickly
To establish a strong foundation for IP protection, we recommend that you prioritize the nomination and Senate
confirmation of critical Administration positions key to protecting and enforcing IP rights:
- An Intellectual Property Enforcement Coordinator (IPEC) to oversee and coordinate IP enforcement actions and policies across your Administration.
- An Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and
Trademark Office (USPTO), to protect IP and drive innovative digital policies for creators and innovators. - The Commissioner for U.S. Customs and Border Protection has already been nominated. We look
forward to a quick confirmation process.- Customs and Border Protection (CBP) has designated the protection of IP rights as a Priority Trade Issue (PTI).
- Trade in infringing goods is considered a high-risk area that threatens America’s innovation economy, the competitiveness of businesses, and the livelihoods of U.S. workers.
- In some cases, it also poses risks to national security and the health and safety of consumers.
Convene an Interagency Working Group to Fight Against Illicit Trade, Protect IP, and Eradicate Counterfeits
- Convene an anti-illicit trade and IP working group to combat the trafficking of counterfeits and other infringing products within your first 100 days to connect (at least quarterly) with stakeholders.
- The group could reconvene the interagency group charged with authoring the DHS report, including the
Secretaries of Commerce and State, the Attorney General, the Office of Management and Budget, the
IPEC, the United States Trade Representative, the Assistant to the President for Economic Policy, the
Assistant to the President for Trade and Manufacturing Policy, the National Intellectual Property Rights
Coordination Center, and other partners touching IP or fighting against counterfeits across the U.S.
Government, with the potential to include representatives from the Federal Trade Commission and the
U.S. Consumer Product Safety Commission.
Take Action on the Outstanding Implementation Plan from the DHS Report
- Given almost half of the Combating Trafficking in Counterfeit and Pirated Goods implementation plan remains outstanding since December 2020, we ask that you convene the group described above to review tactics and resume action on this important work.
Evaluate Actions for Holistic Counterfeit Prevention with Executive Orders, Regulation and/or needed Policy
Changes
- We recommend revisiting a call for policies that address counterfeits from a holistic and strategic
- standpoint to keep our industries competitive and consumers safe from dangerous products.
- This would also require the adoption of policies to better prevent counterfeit and other infringing
products from crossing U.S. borders or otherwise finding their way into the hands of U.S. consumers. - This discovery of immediate and long-term policies could be charged to the working group mentioned
above in the first 100 days with a report due within the first 6-months of your Administration. - This group encourages your support of the SHOP SAFE Act as introduced in the 118th Congress to hold online platforms liable for promoting and selling counterfeit goods. Many of the principles in this legislation were items or recommendations that were pulled from the Combating Trafficking in Counterfeit and Pirated Goods report, developed under your Administration.
Thank you for your leadership on these issues and for evaluating the restart of your important work to eliminate
dangerous counterfeits and hold criminals accountable, while protecting American jobs, IP, and national security.
This group is eager to work with your Administration and we look forward to serving as a resource.
Sincerely,
Alliance for Automotive Innovation (AAI)
American Apparel & Footwear Association (AAFA)
Anti-Counterfeiting Educational Foundation (ACEF)
Automotive Anti-Counterfeiting Council (A2C2)
Association of Home Appliance Manufacturers (AHAM)
Communications Cable and Connectivity Association (CCCA)
Consumer Healthcare Products Association (CHPA)
Footwear Distributors & Retailers of America (FDRA)
MEMA, The Vehicle Suppliers Association
Personal Care Products Council
Sentinel Connector Systems
Sports & Fitness Industry Association
The International AntiCounterfeiting Coalition (IACC)
The Toy Association
TIC Council