Every year since 2009, the United State Department of Justice (“DOJ”) has published a report that details actions the DOJ has taken to implement Title IV of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (“PRO IP Act”). The PRO IP Act reports also summarize efforts, activities, and resources that the DOJ has allocated to intellectual property enforcement. There are now a dozen PRO IP Act reports available on the DOJ’s website, and they offer useful insights into how the DOJ prioritizes the enforcement of intellectual property rights and the prosecution of those violating IP rights domestically and abroad.
Under the PRO IP Act, the Office of Justice Programs can grant awards to state and local IP law enforcement task forces. The awards are designed to provide national support through training and technical assistance and improve the capacity of state and local criminal justice systems to address criminal IP enforcement, including prosecution, prevention, training, and technical assistance.
Data on these awards—which is known as the Intellectual Property Enforcement Program—is available from between 2009 and 2020:
2009
| Attorney General’s Office, MS | $200,000 |
| Bronx County District Attorney, NY | $43,718 |
| Chesterfield County, VA | $199,919 |
| City of Los Angeles, CA | $199,995 |
| Los Angeles County Sheriff’s Department, CA | $200,000 |
| New York City, NY | $200,000 |
| North Carolina Department of the Secretary of State, NC | $44,485 |
| Office of the Attorney General of Virginia | $17,575 |
| National Association of Attorneys General, DC | $450,000 |
| NW3C Inc. National White Collar Crime Center, VA | $450,000 |
| $2,005,692 |
2010
| Attorney General’s Office, Mississippi | $166,365 |
| City of San Antonio | $200,000 |
| County of Sacramento | $200,000 |
| North Carolina Department of the Secretary of State | $199,978 |
| Los Angeles County Sheriff’s Department | $200,000 |
| Chesterfield County, VA | $200,000 |
| Virginia Department of State Police | $149,907 |
| Miami Shores Village | $64,885 |
| County of Fresno | $49,992 |
| New York County District Attorney’s Office | $199,800 |
| Bronx County District Attorney | $113,103 |
| New York City | $192,200 |
| Houston Police Department | $200,000 |
| City of Los Angeles Police Department | $400,000 |
| National Crime Prevention Council (“NCPC”) | $600,000 |
| National Association of Attorneys General (“NAAG”) | $300,000 |
| National White Collar Crime Center (“NW3C”) | $563,770 |
| $4,000,000 |
2011
| Bexar County, Texas | $200,000 |
| City of Austin, Texas | $200,000 |
| City of Central Point Police Department, Oregon | $196,000 |
| City of Portland, Oregon | $199,883 |
| Cook County State Attorney’s Office, Illinois | $178,629 |
| County of Marin, Office of the District Attorney, California | $197,980 |
| Hartford Police Department, Connecticut | $198,038 |
| Los Angeles City Attorney’s Office | $200,000 |
| Michigan Department of State Police | $200,000 |
| New York City Police Department | $200,000 |
| Oregon Department of Justice | $191,548 |
| San Francisco District Attorney’s Office | $198,676 |
| Suffolk County District Attorney’s Office, New York | $148,102 |
| Bronx County District Attorney, New York | $103,022 |
| Los Angeles Police Department | $200,000 |
| Attorney General’s Office of Mississippi | $200,000 |
| Los Angeles County Sheriff’s Department | $200,000 |
| Chesterfield County, Virginia | $197,690 |
| County of Sacramento, California | $200,000 |
| County of Fresno, California | $200,000 |
| Houston Police Department, Texas | $200,000 |
| National Crime Prevention Council (“NCPC”) | $250,000 |
| National Association of Attorneys General (“NAAG”) | $250,000 |
| National White Collar Crime Center (“NW3C”) | $410,432 |
| $4,920,000 |
2012
| Baltimore County, Maryland | $123,971 |
| Board of Police Commissioners, St. Louis Metropolitan Police | $199,961 |
| California Department of Justice | $200,000 |
| City of Orlando, Florida | $100,020 |
| Cook County Sheriff’s Office, Illinois | $213,300 |
| County of Riverside, Office of the District Attorney | $200,000 |
| City of Los Angeles, California | $200,000 |
| City of San Antonio, Texas | $200,000 |
| New York County District Attorney’s Office, New York | $199,829 |
| Virginia State Police, Virginia | $214,971 |
| City of Austin, Texas | $200,000 |
| City of Central Point Police Department, Oregon | $200,000 |
| County of Sacramento, California | $205,258 |
| $2,457,310 |
2013
| City of Los Angeles (Los Angeles Police Department) | $200,000 |
| Mississippi Attorney General’s Office | $188,775 |
| New York City Police Department | $200,000 |
| Suffolk County District Attorney’s Office | $200,000 |
| Cook County State’s Attorney’s Office | $213,300 |
| City of Los Angeles (Los Angeles City Attorney’s Office) | $200,000 |
| City of Houston | $200,000 |
| Los Angeles Sheriff’s Department | $194,118 |
| Bronx County District Attorney’s Office | $194,115 |
| Cook County Sheriff’s Office | $200,000 |
| North Carolina Department of the Secretary of State | $200,000 |
| $2,190,308 |
2014
| City of Los Angeles (Los Angeles Police Department) | $456,413 |
| City of Dallas, Texas | $400,000 |
| County of Essex, New Jersey | $393,587 |
| National White Collar Crime Center (“NW3C”) | $750,000 |
| $2,000,000 |
2015
| City of Austin Police Department | $400,000 |
| City of Hartford Police Department | $399,545 |
| Cook County State Attorney’s Office | $400,000 |
| Baltimore County Police Department | $120,174 |
| North Carolina Department of Secretary of State | $367,076 |
| New Jersey State Police | $269,619 |
| City of Phoenix Police Department | $253,129 |
| City of Portland (OR) Police Department | $373,569 |
| Virginia State Police | $253,128 |
| City of San Antonio Police Department | $400,000 |
| $3,236,240 |
2016
| Essex County Prosecutor’s Office | $400,000 |
| City of Houston Police Department | $400,000 |
| City of Dallas Police Department | $358,534 |
| Louisiana Department of Justice | $150,000 |
| Los Angeles County Sheriff’s Department | $400,000 |
| City of Los Angeles Police Department | $314,653 |
| California Department of Justice | $200,000 |
| $2,223,187 |
2017
| City of Austin | $400,000 |
| Baltimore, County of | $58,142 |
| City of Los Angeles | $400,000 |
| North Carolina Department of the Secretary of State | $400,000 |
| City of Phoenix Police Department | $390,162 |
| City of Saint Louis Metropolitan Police Department | $400,000 |
| $2,048,304 |
2018
| City of Los Angeles, California | $400,000 |
| City of Portland, Oregon | $400,000 |
| North Carolina Department of the Secretary of State | $400,000 |
| City of Houston, Texas | $400,000 |
| The City of San Antonio Police Department | $400,000 |
| County of Los Angeles | $400,000 |
| Louisville Metro Government | $24,999.99 |
| $2,425,000 |
2019
| Cook County State’s Attorney’s Office | $400,000 |
| City of Los Angeles | $352,000 |
| North Carolina Department of the Secretary of State | $352,000 |
| Essex County Prosecutor’s Office | $350,345 |
| Pennsylvania State Police | $400,000 |
| City of Saint Louis Metropolitan Police Department | $400,000 |
| $2,254,345 |
2020
| City of Hartford | $399,545 |
| North Carolina Department of the Secretary of State | $125,000 |
| City of Los Angeles | $125,000 |
| City of Austin | $400,000 |
| County of Los Angeles | $399,080 |
| State of New Jersey, Department of Law & Public Safety | $199,900 |
| City of Houston | $400,000 |
| Louisiana Department of Justice | $216,622 |
| $2,265,147 |
The data here—collected from twelve years of PRO IP Act reports—represents over $32 million in grant awards. The average size of an award during this period is $260,370, with the median and mode awards modestly lower (both at $200,000). The year 2011 was the most active for PRO IP Act grants, both because it is the year with the largest number of grants awarded (24 total) and the most amount of money award ($4.92 million).
The State that has benefitted the most from PRO IP Act awards is California, with 30 awards total (and over 25% of the 114 awards that have been granted). Following California is Texas, with 18 awards total, and coming in third is New York, with 12 awards total. While only a few awards have been granted to non-governmental agencies, far and away the most common non-governmental agency to receive an award is the National White Collar Crime Center, which has received 4 awards total over $2.17 million. Seventeen total States have benefitted from PRO IP Act awards.
The Office of Justice Programs distributes many hundreds of millions of dollars per year. So, it is perhaps unsurprising that a small award like the Intellectual Property Enforcement Program has not received attention from outlets. But after a dozen years of data, interesting insights from a competitive grant program can be gleaned.
First, States with the largest populations are receiving the largest number of awards, and relatedly are receiving the largest amounts of rewards. But this does not mean States with smaller populations are not interested in benefitting from the Intellectual Property Enforcement Program as well. Government agencies in Missouri (4), Mississippi (4), Maryland (3), Connecticut (3), and Louisiana (2) have all received multiple rewards and none of these States have a population that is great than seven million. This reflects how the protection of intellectual property laws is relevant across industries and markets.
Second, the average size of a single award through the Intellectual Property Enforcement Program during any year has modestly but consistent grown:
Indeed, the trendline would be even more pronounced if not for a special grant in 2014 to the National White Collar Crime Center for $750,000, in a year when there were only three other awards granted. This trend potentially reflects recognition by both the Office of Justice Programs as well as the state and local law enforcement entities that IP enforcement is complex and requires substantial resources to be effectively accomplished.
Crowell will continue to monitor the release of PRO IP Act reports to assess whether any changes in the trends are present.
For further information, please contact:
Jacob Canter, Crowell & Moring
jcanter@crowell.com
