Manufacturers Propose Tools to Fight Counterfeiting

For example, the white paper suggests there be regulatory and policy changes within the U.S. Customs and Border Protection (CBP) that would enable the "use of cost-effective new technological means for the identification of pirate or counterfeit product (e.g., authentication technologies)." To that end, the paper asserts that CBP should be allowed to accept donations of hardware and software.

"The pharmaceutical companies are starting to use RFID for track and trace," says Signorino. "Why can't we do that with other products? Anything we can do to help promote technology or new solutions that can protect folks from bad products, and protect the industry from counterfeiting, is worth our efforts."

The pharmaceutical industry, with backing from the FDA, is exploring RFID's potential to help prevent drug counterfeiting (see FDA Issues New 'Counterfeit Drug Task Force' Report and Pfizer Prepares for Viagra E-Pedigree Trial). In addition, the organization is encouraging—and may require—medical device companies to use RFID and/or other technologies to help track and trace the products they manufacture and supply (see FDA Reviews Comments on Device-ID System).

In addition to calling on the use of technology to help fight the counterfeiting and piracy of manufactured goods, the white paper also makes a number of other recommendations, such as education, training, enforcement and punishment. For example, the group recommends that federal criminal liability with regard to counterfeit goods be extended beyond the current law, which covers only trafficking, to incorporate the entire distribution chain of counterfeit goods—including those who knowingly manufacture counterfeit products.

The paper recommends the U.S. Commerce Department designate, train and assign 10 additional intellectual property (IP) attachés at key U.S. embassies and other diplomatic missions. It also advocates that there be additional direct funding to the U.S. Justice Department's Computer Crime and Intellectual Property Section, to train law enforcement counterparts overseas in prosecuting intellectual property rights cases, among other things.

Now that the white paper has been completed, NAM, CACP and fellow member organizations plan to meet with legislators. "Our next step is to build support up on the Hill," says Signorino. "There are a number of members of Congress that have asked to talk to us, that want to hear more and look for ways to help. Once we get a definite champion [of this initiative], I think we can come out and work with members of Congress to draft real legislation."