IPR Protection in the U.S.

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IPR Protection in the United States

Reporting IPR Crimes Domestically

U.S. Department of Justice: Intellectual property crime, such as copyright piracy, trademark counterfeiting, or internet fraud, like any other crime, should be reported to appropriate law enforcement investigative authorities at the local, state, federal, or international levels, depending on the scope of the crime. Citizens or companies aware of federal crimes should report them to local offices of federal law enforcement. Federal law enforcement agencies have offices conveniently located in every state. In general, federal crimes, which include IPR crimes, may be reported to the local office of an appropriate law enforcement agency by telephone call and by requesting the “Duty Complaint Agent”. Contact information regarding these local offices may be found at 202-324-3000 or www.cybercrime.gov/reporting.htm.

National Intellectual Property Rights Coordination Center: If a company learns of infringement occurring in the United States, it should contact the National Intellectual Property Rights Coordination Center at 202-344-2410 or fax 202-344-1920. The IPR Center is a multi-agency center responsible for coordinating a unified U.S. Government response regarding IPR enforcement issues. Investigative personnel provide core staffing from Immigration and Customs Enforcement (ICE) and the Federal Bureau of Investigation (FBI). If a company has specific information concerning IPR crimes, it can complete a complaint form at http://www.ice.gov/graphics/cornerstone/ipr/IPRForm.htm. Companies may also contact the Center by mail or telephone:

U.S. Immigration and Customs Enforcement
National Intellectual Property Rights Center
1300 Pennsylvania Avenue, NW, RM 3.5A
Washington, DC 20229
Phone: 202-344-2410
Fax: 202-344-1920

U.S. Food and Drug Administration: The Food and Drug Administration (FDA) Office of Criminal Investigations (OCI) investigates counterfeiting involving drugs, medical devices, foods, blood and biologic products. If a company or consumer finds an FDA regulated product to be counterfeit they should contact this office for further investigation:

Food and Drug Administration, Office of Criminal Investigations
7500 Standish Place
Rockville, MD 20855
Tel: (301) 294-4030

IPR Protection in the United States

The U.S. Department of Commerce’s International Trade Administration and U.S. Patent and Trademark Office, U.S. Copyright Office, U.S. Customs and Border Protection, U.S. Department of Justice and the National Intellectual Property Rights Coordination Center are U.S. government agencies that can assist with IPR problems encountered domestically.
Obtaining a U.S. Patent: The first step in ensuring protection of intellectual property is registering for protection at the U.S. Department of Commerce’s Patent and Trademark office (USPTO). A U.S. patent is the grant of a property right to the inventor(s) of an invention, issued by the USPTO. The right conferred by the patent grant is “the right to exclude others from making, using, offering for sale or selling” the invention in the United States or “importing” the invention into the United States. To get a U.S. patent, an application must be filed with the USPTO. For more information on filing for a patent in the United States contact: 1-800-786-9199 or 703-308-4357 or www.uspto.gov.To file electronically with the USPTO visit: www.uspto.gov/ebc/efs/index.html. Obtaining a U.S. Trademark: A trademark is a word, phrase symbol or design, or combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is similar to a trademark except that it identifies and distinguishes the source of a service rather than a good. The U.S. Patent and Trademark Office (USPTO) reviews trademark applications and determines whether an application meets the requirements for federal registration. The USPTO does not decide whether a company or individual has the right to use a mark (which differs from the right to register). Even without registration an individual or company may still use any mark adopted to identify the source of its goods and/or services. For more information on filing for a trademark in the United States contact: 1-800-786-9199 or 703-308-4357 or www.uspto.gov   To file with the USPTO electronically visit: www.uspto.gov/teas/index.html. Registering a Copyright:Copyrights reserve to authors the exclusive control of their “writings”, such as literary, musical, pictorial and audiovisual works, including computer programs, for a fixed period of time. Although copyright protection is automatic, registration can offer several benefits, such as proof of ownership. For information on securing a U.S. copyright registration, contact:

U.S. Copyright Office
Phone: 202-707-5959
Website: www.copyright.gov.

Stopping Infringing Imports at the U.S. Border: Once a company secures a trademark registration from the U.S. Patent and Trademark Office (USPTO), or a copyright from the U.S. Copyright Office, the registration should be recorded with U.S. Customs and Border Protection (CBP). Recordation of a federally registered trademark or copyright significantly aids in the border enforcement of such rights by making it easier for CBP officials to identify infringing goods. U.S. law provides for seizure of pirate and counterfeit goods at the border, and provides various procedures for requesting assistance from CBP to prevent pirate and counterfeit goods from entering the United States. The recordation fee is $190. Applications to record a trademark, copyright, or trade name must be in writing and should be addresses to:

U.S. Customs and Border Protection
Office of Regulations and Rulings
Intellectual Property Rights Branch
1300 Pennsylvania Avenue, N.W.
Mint Annex
Washington, D.C. 20229
Phone: 202-572-8710; fax: 202-344-1873

An applicant wishing to record an intellectual property right with CBP may refer to the CBP website for further information and for forms that may be used to complete a recordation: www.cbp.gov. The Intellectual Property Rights Branch e-mail address is hqiprbranch@dhs.gov. Additional information on how CBP can assist in protecting a company’s IPR is available at: http://www.customs.gov/xp/cgov/import/commercial_enforcement/ipr/ipr_enforcement/. Exclusion Order:Companies may also want to consult with their legal counsel to discuss whether filing a Section 337 complaint with the U.S. International Trade Commission (USITC) may be useful for their particular situation. Section 337 declares the infringement of certain statutory IPR and other forms of unfair competition in import trade to be unlawful practices. Most Section 337 investigations involve allegations of patent or registered trademark infringement; however, it is also available for copyright infringement. In the event that the USITC determines that Section 337 has been violated, it may issue an exclusion order barring the products at issue from entry into the United States, as well as a cease and desist order directing the violating parties to cease certain actions, when appropriate. USITC provides information on Section 337 at: http://info.usitc.gov/337
The USITC also has a Trade Remedy Assistance Office (TRAO) that provides information to small businesses concerning the remedies and benefits available under U.S. trade laws and provides technical and legal assistance and advice to eligible small businesses to assist them in preparing and filing Section 337 complaints. TRAO can be reached by telephone at 800-343-9822 or 202-205-2200, or by facsimile at 202-205-2139.
Under the STOP initiative, the Commerce Department established a single IPR hotline where businesses can go to learn how to protect their intellectual property rights overseas or for international intellectual property enforcement assistance: 1-866-999-HALT (4258).

Date Updated: October 03, 2008

[ Additional IPR Websites ] [ Additional U.S. Government Contacts ] [ Glossary of Key IPR Terms ] [ IPR Industry Contacts ] [ IPR Protection in Foreign Markets ] [ IPR Protection in the U.S. ] [ Questions to Consider Safeguarding Your IPR ]

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