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Look-alikes 2003

Look-alikes 2003. Presentation from Philip Sheppard Public Affairs Manager AIM - European Brands Association. Ice- cream look-alikes Italy. Ice- cream look-alikes Italy. Ice- cream look-alikes Italy. Ice- cream look-alikes Italy. Italy - 2002 survey. 59 responses, 19 (32%) cited problems

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Look-alikes 2003

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  1. Look-alikes 2003 Presentation from Philip Sheppard Public Affairs Manager AIM - European Brands Association

  2. Ice- cream look-alikes Italy

  3. Ice- cream look-alikes Italy

  4. Ice- cream look-alikes Italy

  5. Ice- cream look-alikes Italy

  6. Italy - 2002 survey • 59 responses, 19 (32%) cited problems • Most categories – especially dry food and beverages • 16 retailers –especially Metro, Carrefour and Esselunga

  7. Italy - what did companies do? • 113 incidents, action taken in 74 (65%) • Negotiation in 49 cases • Litigation in 25 cases • Most cases pending Wherever action taken and concluded, 100% success!

  8. Italy - reasons for no action 1. Fear of retributive action 2. Insufficient legal framework 3. Low economic impact Italian equal top rating: • Retribution & weak law

  9. Italy - trends • Slightly more responses than in 2000 – up from 48 to 59 • Higher rate reporting problems – from 21% to 32%. • Incidents doubled to 113 from 55 • But action also grown from 18% to 65%!

  10. Italy - conclusion • Look-alike problem is getting worse • But manufacturers are more willing to take action to protect their rights and when they do, it works!

  11. European survey 2002 - more replies, bigger problem

  12. European survey 2002 - more cases

  13. European survey 2002- look-alikes in most sectors

  14. European survey 2002- what did companies do? • In top 12 countries, from 432 incidents, 48% of the time action was taken • 80% negotiation, 20% litigation 86% of the time a positive result!

  15. European survey 2002- results of taking action

  16. European survey 2002- why 52% did nothing

  17. European survey 2002- worst offenders

  18. European survey 2002- is there a link to private label?

  19. European survey - conclusions • Action works • As a result of increasing like-alikes, more companies are taking action and getting successful outcomes.

  20. Legislative initiatives • EC proposed directive on unfair marketing defines unfair to consumers: • “taking account of all features”… • “including overall presentation”... • and if deception as to: • “the identity ...of the trader”

  21. Legislative initiatives - unfair marketing directive • First internal draft April 2003 • Next draft June 2003 • Then, Commission adoption, Parliament 1st reading, member states adoption, Parliament 2nd reading, final adoption 2004?

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