Roles and Responsibilities of Intermediaries: Fighting counterfeiting and piracy in the supply chain (2015)

Preface

Introduction

Trends toward IP infringement in the supply chain

Purpose

Organization

Intermediaries in the physical world

Intermediaries in the online world.

Key principles found in intermediary-related laws

Guiding principles

Responsibility and accountability

Complicit behavior

Conditions for “safe harbor” immunity

Legal precedents and regulation

Part I: Physical Intermediaries

1. Raw materials and component suppliers

1.1 Vulnerabilities to counterfeits from raw material, component, and ingredient suppliers

Vulnerabilities in commercial aviation

Vulnerabilities in electronics

Vulnerabilities in pharmaceuticals.

Vulnerabilities in tobacco products

1.2 Current approaches to the problem

Commercial aviation: distributor accreditation program

Electronics: standards for parts and vendor management, procurement, testing, and response strategies

Pharmaceuticals: verified mark program

Tobacco: the Digital Coding & Tracking Association

Cross-sector standards: ANSI

1.3 Additional approaches to consider

KYS and beyond — Know Your Customer

KYC in transport of pesticides

1.4 Are these practices working

1.5 Suggested best practices

2. Transport operators

2.1 Vulnerabilities to counterfeits for transport operators

Vulnerabilities in container shipping — sea and land

Vulnerabilities in air cargo and mail couriers

2.2 Current approaches to the problem

Voluntary monitoring and reporting, partnerships, blacklists, education and data-sharing

KYC programs in shipping/transport

KYC and due diligence services

Multilateral public-private partnerships

2.3 Additional approaches to consider

Partnerships to enhance targeting of counterfeit shipments

Authorized Economic Operator Program (AEO)

COAC IPR subcommittee

Transport intermediary action in other areas — sustainabilit

2.4 Are these practices working?

2.5 Suggested best practices

3. Landlords

3.1 Vulnerabilities to counterfeits for landlords

3.2 Current approaches to the problem

Landlord deterrence

MoUs and collaboration eforts

Voluntary charter progra

3.3 Additional approaches to consider

Anti-drug programs

3.4 Are these practices working?

3.5 Suggested best practices

Part II: Online Intermediaries

4. Sites, platforms, portals and services

4.1 Online marketplaces

4.1.1 Infringement in E-commerce

Direct counterfeit sales

Mobile apps

4.1.2 Current approaches

European Commission’s Memorandum of Understanding (MoU)

MoUs between industry associations and Taobao

Internal corporate policies to deter infringement

4.1.3 Additional approaches to consider

nline seals, trust marks, and certifications

4.1.4 Are these programs working?

4.1.5 Suggested best practices

4.2 Content-sharing services

4.2.1 Infringement and piracy

User-generated content sites

Social networks

Cloud storage

BitTorrent

4.2.2 Current approaches to the problem

Notice and takedown 

Automatic Content Recognition (ACR) filtering

Direct licensing

Automated notice and takedown

Terminating repeat infringers

4.2.3 Additional approaches to consider

Education and raising awareness

Predictive tools for risk analysis

4.2.4 Are these practices working?

4.2.5 Suggested best practices

5. Infrastructure providers

5.1 Internet hosting services

5.1.1 Infringement on Internet hosting services

5.1.2 Current approaches to the problem

Notice and takedown

5.1.3 Suggested best practices.

5.2 Domain name services

5.2.1 Current approaches to the problem.

Domain seizure

Information sharing

5.2.2 Are these practices working?

5.2.3 Suggested best practices

Roles and Responsibilities of Intermediaries

5.3 Internet service (access) providers

5.3.1 Vulnerabilities of Internet access and transmission services to misuse and abuse by IP infringers 

5.3.2 Current approaches to the problem

Terms of service/acceptable use policies

Education, notice and graduated response for repeat infringers

The US Copyright Alert System 

The Graduated Response Programs in France, the UK and Ireland

Public education and awareness

Colleges and universities

Site blocking

5.3.3 Are these practices working?

5.3.4 Suggested best practices

6. Search, online advertisers and payment processors

6.1 Internet search engines and portals

6.1.1 Infringement on Internet search engines and portals

6.1.2 Current approaches to the problem 

Notice and takedown

Search engine rank demotion

Key-word blocking in autocomplete

Advertising policies

6.1.3 Are these practices working?

6.1.4 Additional approaches to consider

Prioritize legitimate sources in search

De-index overwhelmingly infringing sites

De-rank sites that persistently make available unlicensed content

Auto-complete functions and predictive search query suggestions

6.1.5 Suggested best practices

6.2 Online advertising

6.2.1 Vulnerabilities to counterfeiting and piracy for online advertising

6.2.2 Current approaches to the problem

Statement of best practices — advertising sector

Tools available to advertisers

62.3 Are these practices working?

6.2.4 Suggested best practices 

6.3 Payment processors

6.3.1 Vulnerabilities to counterfeiting and piracy for payment processors

6.3.2 Current approaches to the problem

Voluntary cooperation with payment processors

Rights holder, law enforcement, and payment processor coordination

The Center for Safe Internet Pharmacies (CSIP)

6.3.3 Other approaches to consider.

6.3.4 Are these practices working? 

6.3.5 Suggested best practices

Conclusions

Notes 

International Chamber of Commerce (ICC) Publication