Enforcing IPR: where theory turns to action

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Enforcing IPR where theory turns to action

• Marie Pattullo
• AIM, European Brands Association
• WIPO Forum on IP and SMEs
• 14 September 2007

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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
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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

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AIM Anti-Counterfeiting Committee

• Major industry coalition companies, national
  anti-counterfeiting groups (including Promarca in
  CH), 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

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EUROPEAN INDUSTRY COORDINATION
AIM Anti-Counterfeiting Committee
Europe COLIPA, IFSP, TABD
European institutions
Corporate Members Bacardi-Martini,
BatMARK,Beiersdorf, Cadbury-Schweppes,Colgate-Pa
lmolive, Danone, Diageo, Ferrero,
Georgia-Pacific, GSK,Heineken,
Henkel,Lego,LOreal,LVMH, Microsoft, Nestlé,
Nokia,Pernod-Ricard, Philips, PG,Reckitt-Bencki
ser, Sara Lee International, Unilever
National Anti-Counterfeiting Group
Members ABAC-BAAN, ACG, APM, IACC, INDICAM,
Union de Fabricants
Global CACP, QBPC, GMA, INTA, OECD, UNECE, WCO,
WTO, WIPO
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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
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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

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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

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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!

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Current EU activities

• Customs
• Suggested amendments to Customs Regulation
  (1983/2003)
• Zero tolerance concerns
• Intelligence sharing
• Resource fears
• Criminal sanctions proposal ongoing contacts
  with institutions and Member States as to next
  steps
• Watching brief on national implementation/Commissi
  ons study on transposition of Enforcement
  Directive, concerns over right to information
  (etc)
• DG ENTR (1) Study on effects of counterfeiting
  on EU SMEs and a review of various public and
  private IPR enforcement initiatives and
  resources final report expected end 2007 (2)
  study on use of IPR by SMEs
• http//www.proinno-europe.eu/NWEV/uploaded_docum
  ents/IPR_Expert_group_report_final_23_07_07.pdf
• (3) IPR awareness and enforcement project
  (including an enhanced version of the previous
  IPR Helpdesk) (4) regional seminars for SMEs

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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

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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.

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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.

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• 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