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4th Global Congress: Combating Counterfeiting and Piracy Dubai – 3 February 2008. An Urgent Need to Better Respond to the Global Problem of Counterfeiting and Piracy: The EU Answer Luc P. Devigne Head of Intellectual Property and Public Procurement Directorate General for Trade. Outline.
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4th Global Congress: Combating Counterfeiting and PiracyDubai – 3 February 2008 An Urgent Need to Better Respond to the Global Problem of Counterfeiting and Piracy: The EU Answer Luc P. DevigneHead of Intellectual Property and Public ProcurementDirectorate General for Trade European Commission
Outline • Enforcement in third countries: The IPR Enforcement Strategy • Bilateral cooperation • Multilateral cooperation • Technical assistance • Cooperation with the private sector European Commission
A Growing Problem • International physical trade (only) of counterfeits valued at $200 billion/year by the OECD report of 2007 • 130m counterfeit articles seized at EU border in 2006 (from 75m in 2005) • Growth in seizures of dangerous fakes.Counterfeit medicines (from 0.5m in 2005 2.7m in 2006) but also foodstuffs (1.2m) toys (2.6m), cosmetics, etc. • 80% of all fakes come from China. • Economical, social, political issue. EU priority for its citizens, business and leaders. European Commission
The Enforcement Strategy • Guidelines for EU action on the promotion of IPR enforcement around the world. • Identification of priorities: China, Russia, Turkey, Ukraine, Chile, Korea, ASEAN and Mercosur. • Strong emphasis on cooperation and dialogue • BUT EU will not tolerate large scale infringements of IPR. European Commission
Bilateral Cooperation • Bilateral Dialogueswith key trading partners.China, Russia, Ukraine, Chile, Mexico and others to address specific problems • Important role of EU Delegations/Embassies/Chambers of Commerce – Expanding network of IPR experts in Beijing, Moscow, Kiev and Bangkok. • Result oriented discussion • With competent enforcement authorities • Participation of Industry • Joint conclusions, to allow progress assessment European Commission
Bilateral Cooperation • With Countries sharing EU concerns • EU-US Action Strategy • Customs cooperation • Diplomatic network in third countries • Coordination of technical assistance • Promotion of joint actions between EU and US right-holders • Support to business (help-desks for SMEs, trade fairs) • EU-Japan IP Cooperation European Commission
Bilateral Cooperation • Free Trade Agreements • Strengthening IPRenforcement in FTAs • Sharing the experience of the EU • 2004 Enforcement Directive • 2003 Customs Regulation • Future Directive harmonising criminal sanctions European Commission
Multilateral Cooperation • ACTA: Anti-Counterfeiting Trade Agreement. • improved legislation; • adoption of best practices; • cooperation between enforcement authorities. • WTO: strengtheningenforcement in TRIPs Council. • G8: Heiligendamm 2007. • OECD: Ongoing study on economic impact of IPR infringements. European Commission
Technical Assistance • Multi-year IPR programmes in:China, ASEAN, Central Europe • Training programs, seminars, preparation of laws, capacity building • Increased focus on IPR enforcement European Commission
Cooperation with Private Sector • Support to right-holders (particularly SMEs): • IPR Help-desk • IPR Guidebook • Consultation of industry to reassess priorities. • Enforcement Survey: covering over 40 countries • Participation in IPR Dialogues with third countries • Cooperation with EU Customs European Commission
Conclusion • IP will remain an EU top priority. • EU ready to cooperate with willing partners. • Some progress recorded through Dialogues (legislative improvements; cases resolved). • IPR enforcement inadequate in several countries. • Cooperation to be supported by alternative trade actions. European Commission
Thank you ! More information : http://ec.europa.eu/trade/issues/sectoral/intell_property/index_en.htm European Commission