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Enforcing IPR: where theory turns to action

Enforcing IPR: where theory turns to action . Marie Pattullo AIM, European Brands Association WIPO Forum on IP and SMEs 14 September 2007. AIM: who are we?. European Brands Association (Association des Industries de Marque)

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Enforcing IPR: where theory turns to action

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  1. Enforcing IPR: where theory turns to action Marie Pattullo AIM, European Brands Association WIPO Forum on IP and SMEs 14 September 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 (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 AIM®

  5. EUROPEAN INDUSTRY COORDINATION AIM Anti-CounterfeitingCommittee Europe COLIPA, IFSP, TABD… European institutions Corporate Members Bacardi-Martini, BatMARK,Beiersdorf, Cadbury-Schweppes,Colgate-Palmolive, Danone, Diageo, Ferrero, Georgia-Pacific, GSK,Heineken, Henkel,Lego,L’Oreal,LVMH, Microsoft, Nestlé, Nokia,Pernod-Ricard, Philips, P&G,Reckitt-Benckiser, 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… AIM®

  6. ACRONYMS 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 d’Enregistrement 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 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 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. 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/Commission’s 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_documents/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… AIM®

  11. 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®

  12. 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®

  13. More international coordination? • TRIPs: we have it, it would take years to replace it, so let’s 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®

  14. Thanks for listening. Marie Pattullo AIM - European Brands Association 9 Avenue des Gaulois B-1040 Bruxelles marie.pattullo@aim.be www.aim.be AIM®

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