New Efforts to Combat Trafficking in Counterfeit and Pirated Goods

On April 3, 2019, President Trump issued a memorandum to improve coordinated efforts within the Federal Government to address the challenge caused by the importation and sale of counterfeit and pirated goods, which impairs economic competitiveness by harming U.S. intellectual property rights (IPR) holders and diminishing the reputations and trustworthiness of online markets.

A coordinated approach should include Federal Government agencies, as well as private industry. The Federal Government seeks to expand and enhance detection through coordinated efforts with third-party intermediaries, including online third party marketplaces, carriers, customs brokers, payment providers, vendors, and others involved in international transactions, who all may be beneficial partners in combating trafficking in counterfeit and pirated goods.

The President is directing that a report be issued by the Secretary of Homeland Security within 210 days, which makes recommendations to improve measures to prevent the importation of counterfeit and pirated goods.

The report will:

  • Analyze available data to better understand the extent to which online third-party marketplaces and other third party intermediaries are used to facilitate the importation and sale of counterfeit and pirated goods
  • Evaluate existing policies and procedures third-party intermediaries use to prevent trafficking in counterfeit and pirated goods, and identify their most effective practices.
  • Recommend any needed changes to Federal Government agency data collection practices.
  • Identify administrative, statutory, regulatory, or other changes, including enhanced enforcement actions, that could substantially reduce trafficking in counterfeit and pirated goods, or promote more effective law enforcement.
  • Identify guidance that agencies may provide to third-party intermediaries to help prevent the importation and sale of counterfeit and pirated goods.
  • Identify administrative, regulatory, legislative, or policy changes that would enable agencies to more effectively share information with IPR holders, consumers, and third-party intermediaries.
  • Evaluate current and future agency resource needs, making recommendations for more effective detection, interdiction, investigation, and prosecution on counterfeit or pirated goods.
  • Identify areas that could be collaborated between the Department of Justice (DOJ) and Department of Homeland Security (DHS).

The report is to be published in the Federal Register within 30 days of being submitted.

If you have any questions regarding the President’s efforts to combat trafficking in counterfeit and pirated goods, Livingston can help!  Please contact either your Livingston account manager or our regulatory affairs group at