US Trademark Office Seeks Input on Preventing Counterfeiting

The US Patent and Trademark Office (USPTO) is inviting feedback from stakeholders on ways to prevent counterfeiting and piracy.

In a federal register notice released on 25 May, the agency said it wanted to know what was being observed by interested parties with regard to this issue, as well as receive information on anti-counterfeiting and anti-piracy strategies that have proven effective, or that could be used for future strategies.

Stakeholders have 90 days from the date of the notice to submit their response, in electronic or paper format. Electronic submissions must be sent through the Federal e-Rulemaking Portal at www.regulations.gov (on the homepage enter ‘PTO-C-2023-0006’ in the ‘Search’ box, click ‘Comment Now!’, complete the required fields, and enter or attach your comments).

The agency also plans to host a roundtable titled ‘Future Strategies in Anti-Counterfeiting and Anti-Piracy’. This will provide a forum for consumers, IP rights holders, representatives of online and physical marketplaces and platforms, and other private sector stakeholders to discuss the following key points:

• The recent evolution and growth in counterfeiting and piracy

• The harmful effects of selling counterfeit and pirated products

• Successful anti-counterfeiting and anti-piracy strategies

• Successful collaborative efforts between public and private partnerships

• Effective technological solutions to stem the flow of illicit products entering the marketplace.

‘Counterfeit and pirated products are readily available to US consumers through all forms of commerce, including physical markets, e-commerce, and social media sites. Many of these products endanger public health and safety as well as national security, and their presence is growing,' said the agency.

‘In fiscal year 2021, US Customs and Border Protection made over 27,000 seizures. The estimated retail value of these seized products added up to more than $3.3. billion, an increase of 152% over the previous year.

‘The trade in counterfeit and pirated products negatively impacts American innovation and erodes the competitiveness of US manufacturers and workers. For example, according to the US Chamber of Commerce, digital video piracy has been estimated to cause as much as $71 billion in lost revenue annually, with an accompanying loss of 230,000 to 560,000 US jobs,’ said USPTO.

The roundtable is open to the public, free of charge. However, advanced registration is required for both in-person and virtual attendance, via https://web.cvent.com/event/656d5a1c-fae5-43af-80fa-c8bc35b8fef2/summary.

For those unable to attend the roundtable, a recording will be made available online for later viewing. To be a panellist on the roundtable, please send a request to [email protected] before 1 September 2023.