Anti-Counterfeiting Trade Agreement (ACTA): Request for Public Comments

The NAM endorses and commends the Administration for concluding the Anti-Counterfeiting Trade Agreement. This milestone achievement in IPR protection will enhance criminal enforcement and the seizure and destruction of fake goods, provide new authority for customs to act against import and exports of fake goods and cooperate on transshipment, create new cooperation and information sharing among ACTA signatories and the private sector, and the promotion of best practices the result in better IPR protection. IPR protection and enforcement is an issue for virtually all our members. Manufacturing is as dependent on intellectual property like patents, trademarks, trade secrets, trade dress and copyright as copy-based industries that receive somewhat more attention. Counterfeiting and piracy are existential threats to manufacturers, the people they employ, and the consumers who come in contact with their products and services. Theft is theft no matter if it is called three-syllable words like "counterfeit" or "piracy". The trade in fake products supplants legitimate markets, steals our workers' jobs and puts American and other consumers needlessly at risk as counterfeit pharmaceuticals, unsafe products and even hazardous materials are put into the stream of commerce on a daily basis. It is amazing what products and trademarks counterfeiters and pirates are so willing to steal. While most people are familiar with the counterfeiting of luxury brands because of the cachet that can command premium prices, counterfeiters are willing to engage is criminal activities by selling such everyday items as circuit breakers, extension cords, batteries, fireplace tools, golf clubs, kitchenware, toothpaste, windshields—the list can go on and on. Even semiconductor chips used in guidance systems for America's defense have been counterfeited and found in the United States. As this nation looks to our economic recovery, it is important to note that IPR theft is an impedim