Prosecuting Prosecuting Intellectual Property Intellectual Property Cases Cases Arnold H. Huftalen Arnold H. Huftalen Assistant U.S. Attorney Assistant U.S. Attorney U.S. Department of Justice U.S. Department of Justice [email protected][email protected]
Prosecuting Intellectual Property Cases. Arnold H. Huftalen Assistant U.S. Attorney U.S. Department of Justice [email protected]. When Do U.S. Authorities Bring Criminal IP Charges? How Does the US Prosecute? Recent IPR Prosecutions. Some Enforcement Issues. AGENDA. - PowerPoint PPT Presentation
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Arnold H. HuftalenArnold H. HuftalenAssistant U.S. AttorneyAssistant U.S. AttorneyU.S. Department of JusticeU.S. Department of [email protected]@usdoj.gov
AGENDAAGENDA
When Do U.S. Authorities When Do U.S. Authorities Bring Criminal IP Bring Criminal IP Charges?Charges?
How Does the US How Does the US Prosecute?Prosecute?
Recent IPR Prosecutions.Recent IPR Prosecutions. Some Enforcement Some Enforcement
IssuesIssues..
When Do U.S. Authorities When Do U.S. Authorities Bring Criminal IP Charges?Bring Criminal IP Charges?
Majority of IP enforcement actions in Majority of IP enforcement actions in U.S. are civil, not criminalU.S. are civil, not criminal• Effective civil systemEffective civil system
Burden of proof more difficult in criminal Burden of proof more difficult in criminal casescases• Civil = “preponderance of evidence”Civil = “preponderance of evidence”• Criminal = “beyond a reasonable doubt” Criminal = “beyond a reasonable doubt”
Factors Affecting Decision to Factors Affecting Decision to ProsecuteProsecute
Federal Law Enforcement PrioritiesFederal Law Enforcement Priorities Nature and Seriousness of OffenseNature and Seriousness of Offense
• scale of infringement (scope, amount of loss, harm)scale of infringement (scope, amount of loss, harm)• commercial purposecommercial purpose• health/safety issueshealth/safety issues
Organized Criminal InvolvementOrganized Criminal Involvement Adequate alternative non-criminal remediesAdequate alternative non-criminal remedies
Other: culpability, cooperation with investigation, Other: culpability, cooperation with investigation, subject to prosecution elsewheresubject to prosecution elsewhere
When Do U.S. Authorities When Do U.S. Authorities Bring Criminal IP Charges?Bring Criminal IP Charges?
How Are IP Cases How Are IP Cases Prosecuted in the U.S.?Prosecuted in the U.S.? Computer Crime & Intellectual Property Computer Crime & Intellectual Property
Section (CCIPS) in Washington, D.C.Section (CCIPS) in Washington, D.C. Computer Hacking and Intellectual Computer Hacking and Intellectual
Property (CHIP) Coordinators in all 94 Property (CHIP) Coordinators in all 94 U.S. Attorney OfficesU.S. Attorney Offices
Office of Consumer LitigationOffice of Consumer Litigation Federal Law Enforcement AgenciesFederal Law Enforcement Agencies Victim Industry PartnershipsVictim Industry Partnerships
CCIPSCCIPS
39 Attorneys in Washington, DC39 Attorneys in Washington, DC 13 Dedicated to IPR13 Dedicated to IPR Work daily with prosecutors in Work daily with prosecutors in
U.S.U.S. Work regularly with prosecutors Work regularly with prosecutors
around the worldaround the world
CHIP CoordinatorsCHIP Coordinators
CHIP Coordinators in all 94 CHIP Coordinators in all 94 DistrictsDistricts– Created in 2001Created in 2001– Prosecute crimes; provide technical Prosecute crimes; provide technical
assistance within district; provide assistance within district; provide multi-district assistance; provide multi-district assistance; provide training and community outreachtraining and community outreach
OFFICE OF CONSUMER OFFICE OF CONSUMER LITIGATIONLITIGATION
– 2005--Virginia2005--Virginia More than 50,000 handbags & wallets seized More than 50,000 handbags & wallets seized Worth more than $2,000,000Worth more than $2,000,000
– 2006--Massachusetts2006--Massachusetts More than 20,000 handbags & wallets seizedMore than 20,000 handbags & wallets seized Worth more than $1,400,000Worth more than $1,400,000
SOME ENFORCEMENT SOME ENFORCEMENT ISSUES . . .ISSUES . . .
Large scale infringement without profit Large scale infringement without profit motive (WAREZ)motive (WAREZ)
Proof issues: quantity and identity of Proof issues: quantity and identity of infringing itemsinfringing items
Disclaimers by distributorsDisclaimers by distributors Obtaining assistance of victimsObtaining assistance of victims Is defendant responsible for Is defendant responsible for
infringement: control over content and infringement: control over content and maintenance of infringement facilitymaintenance of infringement facility
OTHER ENFORCEMENT OTHER ENFORCEMENT ISSUESISSUES
U.S. U.S. – Balancing rights of customers, Balancing rights of customers,
inventors and content providersinventors and content providers– Increasing IP enforcement resourcesIncreasing IP enforcement resources– Training of prosecutors and agentsTraining of prosecutors and agents– Charging IP offensesCharging IP offenses– Educating (victims and public)Educating (victims and public)
OTHER ENFORCEMENT OTHER ENFORCEMENT ISSUESISSUES
InternationalInternational– Same issues as domesticSame issues as domestic– International cooperative International cooperative
agreementsagreements– Uniformity of criminal violationsUniformity of criminal violations– CoordinationCoordination– Cumbersome formal legal processCumbersome formal legal process– Informal contactsInformal contacts
QUESTIONSQUESTIONS
Thank you,Thank you,
Arnold H. HuftalenArnold H. Huftalen
Assistant United States AttorneyAssistant United States Attorney
U.S. Department of JusticeU.S. Department of Justice