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The Role of U.S. Customs and Border Protection in the Fight Against Counterfeit Electronics

Mark Goins IPR Industry Officer U.S. Customs and Border Protection Office of International Trade Telephone: (415) 782-9448 Email: mark.goins@dhs.gov

The presentation provides an overview of CBP’s role in IPR enforcement and explains the enforcement process, including interdiction, seizure, forfeiture and disposition of IPR infringing goods. Other topics include: post-seizure disclosure of detailed seizure information to trademark owners and assessment of financial penalties against violators, the role of CBP scientific laboratories in identification of counterfeit electronics, CBP resources for trademark owners and other victims of counterfeiting and CBP’s role in the international enforcement arena. Lastly, CBP IPR enforcement processes will be illustrated with examples of recent large-scale CBP enforcement operations in the counterfeit electronics sector.

Mark Goins is IPR Industry Officer in U.S. Customs and Border Protection Office of International Trade, where he has national responsibility for IPR border enforcement in the information technology sector. He works with owners of intellectual property, trade associations, U.S. government agencies and foreign governments to advance IPR border enforcement. Mr. Goins has represented CBP in the U.S., Europe, Asia and South America.

He has designed and coordinated large-scale anti-counterfeiting operations targeting computer software, electrical merchandise bearing counterfeit UL, Inc. certification marks, computer networking equipment, semiconductor devices and other products. Mr. Goins designed and coordinated Operation Infrastructure, the first joint IPR border enforcement operation undertaken by the US and the European Union, resulting in seizures totaling more than 410,000 counterfeit integrated circuits and networking equipment components. The operation took place in five countries during late 2007 and uncovered a pattern of trade in counterfeit networking equipment and integrated circuits passed off as genuine products from 40 of the world’s largest U.S., European, Japanese, and Korean technology companies. It was followed in 2008 by Operation Infrastructure II, a U.S. operation which resulted in additional seizures totaling more than 420,000 of the same types of products bearing counterfeit marks of 50 technology companies.

He initiated outreach to computer network equipment trademark owners in 2004 and led CBP targeting, training and coordination for the ongoing International Initiative Against Traffickers in Counterfeit Network Hardware announced jointly by the U.S. Departments of Justice and Homeland Security and the RCMP in February, 2008. The Initiative included Operation Cisco Raider and has resulted to date in more than 500 seizures of counterfeit networking equipment and labels with an estimated retail value of more than $80 million. ICE and FBI have executed more than 55 warrants related to counterfeit computer network hardware. To date nine defendants have received jail sentences totaling more than fourteen years. A number of additional significant cases have not yet gone to trial.

Mr. Goins is a graduate of the School of International Service of the American University in Washington, D.C.


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