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Eli Mufisovski SNB-REACT Balkan Skopje 1 April 2009

SNB - REACT. European Anti – Counterfeiting Network. Eli Mufisovski SNB-REACT Balkan Skopje 1 April 2009. SNB-REACT Objectives. Enable cost effective anti counterfeiting operations Europe wide for its members Not for profit Straight forward actions Support enforcement agencies

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Eli Mufisovski SNB-REACT Balkan Skopje 1 April 2009

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  1. SNB - REACT European Anti – Counterfeiting Network Eli Mufisovski SNB-REACT Balkan Skopje 1 April 2009

  2. SNB-REACT Objectives • Enable cost effective anti counterfeiting operations Europe wide for its members • Not for profit • Straight forward actions • Support enforcement agencies • SNB-REACT: Operational • IPR Business Partnership: training-lobbying

  3. SNB-REACT Objectives Create Pan European network One stop service: offices in Amsterdam, Milan, Lisbon, Vilnius, Skopje, agencies and partners all over Europe Europe wide investigation/legal follow up

  4. SNB-REACT – Headquarter REACT Baltics Lithuania Branch REACT Balkan Macedonia Branch REACT Portugal/Spain Branch REACT The Netherlands Branch REACT Italy Branch 1. National Units React’s anti-counterfeiting national units act by swiftly undertaking seizures on behalf of its member companies at low costs

  5. SNB-REACT - Partners Finland Poland Spain Hungary Germany Russia Austria 2. Partners/Agencies Belgium Greece Luxembourg Latvia U.K. Romania SNB-REACT has partnership agreements with specialized intellectual property law firms, investigators and sister organizations. Standard actions are performed at fixed fees

  6. SNB REACT Balkan SNB-REACT Balkan Albania Bosnia and Herzegovina Montenegro Serbia Macedonia

  7. SNB-REACT-operational • Efficiency: to keep fees at low level • Operate at non profit basis: • Standard legal actions, • Monitoring markets, event and The Internet • Joint actions

  8. IPR Business Partnership Training efforts: • National training with enforcement • Asia Pacific region • Either as REACT or jointly with WIPO, UNECE or other intl. organisation Technical assistance: • digital camera’s • containers/ storage of counterfeits

  9. IPR Business Partnership • Lobby issues: • Shift of liability to intermediaries: • Simplified procedures • Disposal of counterfeit goods

  10. Liability of intermediaries • SNB-REACT tries to involve Service Providers: legislation, lobbying and if necessary legal proceedings • EU Directive on the Enforcement of IPR 2004/48 recognizes that intermediaries are a relevant link in the counterfeit business

  11. Liability of intermediaries • EU Enforcement Directive: Intermediary can be ordered to provide information (Article 8) Interlocutory may be issued against an Intermediary (Article 9) • TRIPS Costs of enforcement shall not be unnecessarily costly (Article 41, 2) Infringer pays the right holder damages adequate to compensate for injury the right holder has suffered (Article 45)

  12. Liability Transporter • Vital role – movement of counterfeit • Targets: • Impose costs on the shipper/consignor • Immediate surrender of goods/documents • Pro-active approach with obvious infringing consignments

  13. Liability Transporter • Costs / Surrendering • TRIPS – infringer liable for costs • Anti Piracy Regulation 2003/1383 – unclear wording right holders pay for the costs; will be repaired in the future • In absence of infringer – costs should stay in contractual chain (confirmed by Dutch Summary Judge (China Shipping 22 august 2006))

  14. Liability Transporter • Carriers – General Freight Conditions: 1. Do not transport counterfeit 2. Right to surrender counterfeit goods 3. Shipper liable for damages

  15. Liability Transporter • Pro –active approach • Bill of lading – general obligation to inspect goods • Actual obligation to check when shipper is notorious for sending counterfeit goods – risk analysis

  16. Liability Transporter • To achieve our targets: • Promoting with organizations the amendment of freight conditions • Lobbying for better legal conditions on costs • If the right case comes up – legal proceedings

  17. Landlords • Landlords of markets / fairs • Responsible for their tenants when informed about illegal activities • Base EU Enforcement Directive

  18. Landlords • Targets: • Inclusion in general condition/lease agreement explicit prohibition of trade in counterfeit • Disclosure of traders details • Pro-active approach towards obvious infringements

  19. Internet Service Providers • Internet: perfect platform • Targets • Immediate removal • Disclosure of personal data • Pro-active approach

  20. Operational activities • Follow up notification enforcement officers • Legal actions: civil, criminal • Investigations • Monitoring of markets, fairs • Monitoring of the Internet • Storage, destruction of goods

  21. CONCLUSION • Work on legislation • Strengthening the system • Offer more assistance in the area to the authorities • Practical with enforcement • Training, storage, destruction eo • Legislation

  22. Thank you for your attention SNB REACT BALKAN Ms. Eli Mufisovski Dame Gruev nr 1 Skopje, Macedonia Tel +389 2 3228 244 Fax + 389 2 3298 007 emufisovski@snbreact.org reactbalkan@snbreact.org www.snbreact.org

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