© 2011 Rochester Electronics, LLC

Page 11

September 2011

All Rights Reserved

 

(FAA) Suspected Unapproved Parts Program

(800-255-1111 — 9-awa-avs-aai-safetyhotline@faa.gov)

Commercial counterfeits:

FBI (find your local FBI office at http://www.fbi.gov/contact/fo/fo.htm)

Also, visit Cybercrime.gov to learn more on reporting counterfeit incidents.

There has been an increase in cooperation among international agencies. For example, U.S. law enforcement

authorities are working with China’s Ministry of Public Security (MPS) to combat the manufacture and export of

counterfeit network hardware from China. According to a May 6, 2010, FBI press release, “This ongoing work is

being facilitated by the IP Criminal Enforcement Working Group of the U.S.-China Joint Liaison Group for law

enforcement, which is co-chaired by the Criminal Division and the MPS. The Working Group is dedicated to

increasing cooperation in intellectual property enforcement efforts and pursuing more joint IP criminal

investigations with China.”

The Anti-Counterfeiting Trade Agreement (ACTA) is currently being negotiated, reportedly between the

governments of the United States, the European Commission, Japan, Switzerland, Australia, New Zealand, South

Korea, Canada, and Mexico. The agreement will address counterfeiting as well as a wide range of issues

regarding the protection of intellectual property. Most of the details – including the definitive names of participants

– are still being deliberated and have not been published; however, it is encouraging to see the issues being

addressed in a cooperative global arena.

There are ways that semiconductor manufacturers can protect themselves.

While it is not likely that the counterfeiting of semiconductors can be stopped completely, steps can be taken by

original component manufacturers – and are being taken – to negatively impact the success of the criminal

endeavor.

Semiconductor manufacturers can work within the industry to help expose, thwart, or at least hinder, and

sometimes even eliminate counterfeit operations.

•

Original component manufacturers (OCMs) should ensure that trademarks, product branding marks, and

chip designs are legally registered, and technologies are patented. This documentation helps legal

authorities prove and prosecute infringement by counterfeiters.

•

OCMs should share – with original equipment manufacturers and government agencies where

appropriate – information that will help in the identification of suspect or counterfeit parts; for example,

techniques and materials used in marking a device, surface finishes used, and part number and date

code/lot number information.

•

OCMs should cooperate with international trade organizations and government agencies in their efforts to

enforce laws that affect the business of counterfeiting. In some cases, OCMs are in an excellent position

to help governmental agencies in developing legal cases against suspected counterfeiters.

•

OCMs should offer all available assistance to manufacturers who suspect they have received counterfeit

components, even when they were purchased from an unauthorized source. In many cases, in order to

prosecute counterfeiters, authorities require information about the device that can be provided only by the

OCM, such as certificate of conformity details, date and lot code markings, or chip layout and assembly

materials.

•

OCMs should align themselves with industry-wide, international semiconductor associations. For

example, in the United States, the Semiconductor Manufacturers Association (SIA) has established the