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Strengthening the Protection and Enforcement of Intellectual Property Rights in Ukraine

Strengthening the Protection and Enforcement of Intellectual Property Rights in Ukraine. Activity 2.1.3 October 2014. Strengthening the Protection and Enforcement of Intellectual Property Rights in Ukraine. Communication from the Commission

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Strengthening the Protection and Enforcement of Intellectual Property Rights in Ukraine

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  1. Strengthening the Protection and Enforcement of Intellectual Property Rights in Ukraine Activity 2.1.3 October 2014

  2. Strengthening the Protection and Enforcement of Intellectual Property Rights in Ukraine Communication from the Commission COM(2014) 392 final. 1.7.2014"Towards a renewed consensus on the enforcement of IPR: An EU Action Plan" Activity 2.1.3 October 2014

  3. What can Hide behind a Breach of Intellectual Property Rights? Quoting Forrest Gump: “Life is like a box of chocolates, you never know what you will get…” Unveiling a counterfeit case could compare to a huge box of chocolates. You never know what you will find beyond…

  4. What Street Counterfeit could Finance – Terrorist Attack in Madrid 11 M 2004

  5. What Street Counterfeit could Lead (with the courtesy of LA Sheriff Department - Sergeant Janice Munson and Detective Kevin Olive)

  6. Counterfeit and Substandard Products are Not a New Phenomenon

  7. Counterfeit is Just at the Corner Shop Nearby For men…

  8. Counterfeit is Just at the Corner Shop Nearby For women…

  9. Counterfeit is Just at the Corner Shop Nearby And for chocolate eaters

  10. Counterfeit or Not? Not Always so Easy to Say… Superskunklookalikeheadphones are for lessthan 20 euro Original Beatsheadphonesoldover 250 euro Can theyBeatsit?

  11. The Example of Counterfeit Cigarettes According to the tobacco industry, a 40 ft. container can contain half a million packs of 20 cigarettes each. A full container load of counterfeit cigarettes in Asia costs around 150.000 USD. Shipping costs shall amount to around 5.000 USD. The resale price on the black market is estimated at 2-3.000.000USDdepending of the country. In the event of an alert or suspicion on the container, re-shipping costs around the world, i.e. 10.000 USD, is nothing compared to the profit expected on the resale of such fake cigarettes to customers.

  12. Is There Any Limit to the Business of Fakes? Fake chicken eggs True story or invented statement?

  13. INDUSTRIAL ESPIONAGE TRADE SECRETS, KNOW-HOW, DESIGNS 2000 Purificación García

  14. Practical Tips: Summary Go for the easiest identifiable infringed IPR. The easiest IPRs to go after are the rights that can prima facie and objectively be evidenced as having been infringed. If technical expertise is required to confirm that the IPR has been infringed, the case may result to be a difficult one. If the ownership or the content of the IPRs is difficult to determine, the case may also result to be a difficult one. Trade mark cases are normally the easiest ones to tackle.

  15. What Fake to Go after? Go for the easiest identifiable infringed IPR Make sure that the IP right holder is backing you up. Keep in mind that there could be more behind your case To sell your case - see whether other “more attractive” legislations are also breached Gather as much evidence as possible. Seek intelligence Go criminal only if the IPR violation is clearly established

  16. Possible Complementary Actions in Case of CTM & Design Infringement (extract from Seminar for Judges) Unfair competition Other IP law Money Laundering Labour Standard Social security fraud Customs CTM & Design Infringement Safety Labelling Consumer Tax fraud Health and drug Advertising Fraud on the quality or origin of the product

  17. Possible EU Legislations Applying to Fake Dangerous Products (extract from Seminar for Judges) Directive 1999/45 on packaging Regulation 726/2004 on medicinal products Directive 2004/48 on IP enforcement Dec. 768/2008 & Reg. 765/2008 on EC marking Directive 2001/83 on medicinal products Directive 2001/95 on products safety Dangerous Product Directive 2011/62 on falsified medecines Regulation 608/2013 on customs actions Regulation 1907/2006 on chemical products Directive 2000/31 on e.commerce Regulation 1107/2009 on pesticides Directive 2006/114 on misleading advertising Directive 85/374 on defective products Directive 2005/60 on money laundering

  18. Available Search Tools Search patents with Espacenet http://www.epo.org/searching/free/espacenet.html Search on classification of products and services with TMclass http://oami.europa.eu/ec2 Search plant varieties withCPVO Variety Finder http://www.cpvo.europa.eu/main/en/home/databases/cpvo-variety-finder Search a trade mark with TMview http://tmview.europa.eu/tmview/welcome.html The Enforcement Database https://www.tmdn.org/enforcementdb-ui-webapp/ Search a design with Designview https://www.tmdn.org/tmdsview-web/welcome To learn more about IPR on line http://oami.europa.eu/knowledge/course/view.php?id=1507&lngcdd=true&la=en

  19. Activity 2.1.3 Thankyou!

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