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IPR Enforcement: the view from European industry

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Title: IPR Enforcement: the view from European industry


1
IPR Enforcement the view from European industry
  • Marie Pattullo
  • AIM, European Brands Association
  • UNECE, International Conference on IPRs Geneva,
    25-26 July 2007

2
AIM who are we?
  • European Brands Association (Association des
    Industries de Marque)
  • Mission statement To create for brands an
    environment of fair and vigorous competition,
    fostering innovation and guaranteeing maximum
    value to consumers
  • Counterfeiting today affects more and more
    everyday goods, affecting more and more
    unsuspecting consumers

AIM
3
The benefits of brands
  • A contract of confidence with the consumer
    repeat purchases based on trust re fitness for
    purpose, quality and ingredients etc.
  • Allow consumers to differentiate and to choose
    what they actually want to purchase
  • Innovation for each extra 1 spent on research
    and development, brands generate 2 of extra
    value compared to just 1 for other business
    types (Of brands and growth PIMS, 2004)
  • Brands boost employment EU employment growth in
    innovative industries like branding is twice that
    of other sectors (DG III European Commission,
    1995)
  • All of the above are destroyed by counterfeiting
    and piracy

AIM
4
AIM Anti-Counterfeiting Committee
  • Major industry coalition companies, national
    anti-counterfeiting groups, sectoral and
    non-sectoral bodies
  • Mission
  • To act as a strong, coherent voice for European
    industry in the fight against the manufacture,
    distribution and sale of counterfeit and pirated
    items
  • To engage in world-wide co-operation with all
    public and private sector stakeholders, including
    law enforcement agencies and public policy makers

AIM
5
EUROPEAN INDUSTRY COORDINATION
AIM Anti-Counterfeiting Committee
Europe COLIPA, IFSP, TABD
European institutions
National Anti-Counterfeiting Group
Members ABAC-BAAN, ACG, APM, IACC, INDICAM,
Union de Fabricants
Global CACP, QBPC, GMA, INTA, OECD, UNECE, WCO,
WTO, WIPO
AIM
6
ACRONYMS
ICC-BASCAP International Chamber of Commerce
Business Action to Stop Counterfeiting
Piracy INDICAM Italian anti-counterfeiting
association IFPI International Federation of
thePhonographic Industry IFSP International
Federation of Spirits Producers INTA
International Trademark Association IVF
International Video Federation MPA Motion
Picture Association OECD Organisation for
Economic Co-operation Development QBPC
Quality Brands Protection Committee TABD
Transatlantic Business Dialogue TIE Toy
Industries of Europe Union de Fabricants French
anti-counterfeiting association UNECE United
Nations Economic Commission for Europe WCO World
Customs Organisation WTO World Trade
Organisation WIPO World Intellectual property
Organisation
ABAC-BAAN Belgian anti-counterfeiting group ACG
Anti-Counterfeiting Group UK AIM European Brands
Association APM German anti-counterfeiting
group BIEM Bureau des sociétés gérant les Droits
dEnregistrement et de reproduction
Mécanique BMD United Brands Association,
TurkeyCACP Coalition Against Counterfeiting and
Piracy COLIPA European Cosmetic Toiletry
Perfumery Association Comité Colbert French
luxury goods association ECTA European
Communities Trade Mark Association EFPIA
European Federation of Pharmaceutical Industries
and Associations EURATEX European Apparel and
Textile Organisation FESI European Sporting
Goods Industry GMA Grocery Manufacturers of
America IACC International Anti-Counterfeiting
Coalition
AIM
7
Enforcement must be
  • seen as the obvious corollary to registration
    the defence and protection of a right, in this
    case an IP right
  • practical, not theoretical
  • collaborative joint industry action (e.g. AIM
    Anti-Counterfeiting Committee), joint action with
    law enforcement and joined-up policing within law
    enforcement
  • available and accessible

AIM
8
Problems with enforcement
  • Varies hugely from country to country, even
    within the EU, e.g.
  • look-alikes/parasitic copies
  • Enforcement and UCP Directives
  • interpretation of Customs Regulation
  • right to information
  • criminal sanctions
  • Non-accountability of land owners who allow
    market traders to deal in fakes content
    providers/ISPs who allow fakes on their Internet
    sites

AIM
9
Why is enforcement a problem?
  • Different level of appreciation of seriousness of
    IPR fraud in different countries
  • Unequal expertise of the judiciary, Customs,
    police etc.
  • Lack of resources
  • The bottom line because the laws we have are not
    enforced!

AIM
10
Suggested Governmental action
  • Give Customs more resources and train up more IPR
    specialists
  • Train the judiciary to understand counterfeiting
    piracy dedicated IPR judges
  • Specialist police units also needed appreciation
    of knock-on effects on other crimes cross-border
    cooperation (e.g. Interpol) IPR crimes should
    also be recorded in national crime statistics

AIM
11
LEAs/Rightholders joint action
  • Enforcement MUST be collaborative
  • Rightholders MUST file Customs applications!
  • Involvement of rightholders in investigations and
    exchange of information i.e. both ways - with
    LEAs, including regular meetings
  • Joint training sessions e.g. operational
    training by DG TAXUD, WCO etc.

AIM
12
More international coordination?
  • TRIPs we have it, it would take years to replace
    it, so lets use it and enforce it
  • Active, practical measures more specialist
    Customs, police and judges exchanging officers
    from different jurisdictions sharing best
    practices
  • ENFORCING THE LAWS WE ALREADY HAVE!
  • Enforcement is not just a word. It is action.

AIM
13
  • Thanks for listening.
  • Marie Pattullo
  • AIM - European Brands Association
  • 9 Avenue des Gaulois
  • B-1040 Bruxelles
  • marie.pattullo_at_aim.be
  • www.aim.be

AIM
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