Presentation on theme: "Strengthening the Protection and Enforcement of Intellectual Property Rights in Ukraine Activity 2.1.3 October 2014."— Presentation transcript:
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 Activity 2.1.3 October 2014 Communication from the Commission COM(2014) 392 final. 1.7.2014 "Towards a renewed consensus on the enforcement of IPR: An EU Action Plan"
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… What can Hide behind a Breach of I ntellectual P roperty R ights? 3
W hat Street C ounterfeit c ould F inance – Terrorist Attack in Madrid 11 M 2004 4
W hat Street C ounterfeit c ould L ead (with the courtesy of LA Sheriff Department - Sergeant Janice Munson and Detective Kevin Olive) 5
C ounterfeit and S ubstandard Products are Not a New Phenomenon 6
C ounterfeit is Just at the Corner Shop Nearby 7 For men…
C ounterfeit is Just at the Corner Shop Nearby 8 For women…
C ounterfeit is Just at the Corner Shop Nearby 9 And for chocolate eaters
C ounterfeit or Not? Not Always so Easy to Say… 10 Can they Beats it? Original Beats headphone sold over 250 euro Superskunk lookalike headphones are for less than 20 euro
Financial Benefits from Crime *For each 1000 $ invested (Source EUROPOL 2014) CrimeReturn on investment Forged money *(Foreign LEA - U.S. Secret Service) $3,300 Credit card fraud *(MC, Visa, Discover) $6,700 Heroin *(DEA) $19,860 Tobacco smuggling *(2 Major Tobacco Companies) $43,000 Software piracy *(Microsoft) $40,000 - $100,000 Fake pharmaceuticals *(Manufacturing Prices of obtaining bulk) $300,000 11
The Example of Counterfeit Cigarettes 12 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- 3.000.000 USD depending 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.
Is There Any Limit to the Business of Fakes? 13 Fake chicken eggs True story or invented statement?
What Strategy to Follow for Enforcement Officers? 15 What fake to go after? Assess the owner’s attitude? How to make your case sexy, IPR and other regulations How to identify a fake? Available search tools European and international agencies to work with
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. Practical Tips: Summary 16
Make sure that the IP right holder is backing you up. Keep in mind that there could be more behind your case Go for the easiest identifiable infringed IPR 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 What Fake to Go after? 17
CTM & Design Infringement Unfair competition Customs Labour Consumer Other IP law Tax fraud Fraud on the quality or origin of the product Safety Labelling Standard Social security fraud Health and drug Advertising Possible Complementary Actions in Case of CTM & Design Infringement (extract from Seminar for Judges) 18 Money Laundering
Dangerous Product Directive 1999/45 on packaging Regulation 608/2013 on customs actions Regulation 726/2004 on medicinal products Regulation 1907/2006 on chemical products Directive 2004/48 on IP enforcement Directive 2011/62 on falsified medecines Directive 2001/95 on products safety Directive 2000/31 on e.commerce Dec. 768/2008 & Reg. 765/2008 on EC marking Regulation 1107/2009 on pesticides Directive 2001/83 on medicinal products Directive 2006/114 on misleading advertising Directive 85/374 on defective products Possible EU Legislations Applying to Fake Dangerous Products (extract from Seminar for Judges) 19 Directive 2005/60 on money laundering
Search a trade mark with TMview http://tmview.europa.eu/tmview/welc ome.html Search a design with Designview https://www.tmdn.org/tmdsview- web/welcome Search on classification of products and services with TMclass http://oami.europa.eu/ec2 To learn more about IPR on line http://oami.europa.eu/knowledge/course/view.php?id=1507&lngcdd=true&la=e n The Enforcement Database https://www.tmdn.org/enforcementdb-ui- webapp/ Available Search T ools 20 Search patents with Espacenet http://www.epo.org/searching/free/espacen et.html Search plant varieties with CPVO Variety Finder http://www.cpvo.europa.eu/main/en/home/databases/c pvo-variety-finder