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1 MEMA Brand Protection Council August 20, 2008 Detroit, MI.

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Presentation on theme: "1 MEMA Brand Protection Council August 20, 2008 Detroit, MI."— Presentation transcript:

1 1 MEMA Brand Protection Council August 20, 2008 Detroit, MI

2 2 Agenda Welcome & Introductions – Cifranic & O’Rourke Review Antitrust Guidelines – Arent Fox Pending Litigations Update – Arent Fox What Are Your Products Doing Online? – Arent Fox Best Practices: Haldex – Randy Petresh Lunch – 30 minutes Government Affairs Update- Nelson Garcia Work Session: Flowchart how counterfeit parts enter the channel – Andy Cifranic Break – 15 minutes MEMA / Council Updates: –AAPEX / IP Guidelines – Sarah Bruno –Trade Show Guidelines – Andy Cifranic –CBP Product ID Training Guidelines – Jack Cameron –MEMA Legislative Summit Highlights – Brian O’Rourke –ICE Annual Conference Highlights – Brian O’Rourke –Next Meeting / Topics

3 3 AASA/MEMA Brand Protection Council “To support members’ global efforts to prevent, detect and prosecute intellectual property offenses against their products and brands”. “Provide the means for collective industry action against counterfeiting, sharing market intelligence and best practices, media and education campaigns and gaining increased enforcement by all relevant law enforcement agencies”.

4 4 Anti-Trust Guidelines

5 5 Pending Litigations Update Arent Fox Tony Lupo & Sarah Bruno

6 6 What Are Your Products Doing Online? Presented by Anthony V. Lupo Sarah E. Bruno Arent Fox LLP Washington, DC | New York, NY | Los Angeles, CA July 15, 2008

7 7 Best Practices Randy Petresh Haldex Brake Systems Inc.

8 8 Lunch 30 minutes

9 9 Government Affairs Update Brand Protection Council August 20, 2008 Nelson Garcia Director, Federal and State Policy Motor and Equipment Manufacturers Association

10 10 MEMA Washington, D.C. Office Seven person office that develops legislative and regulatory strategies on issues impacting automotive and heavy duty suppliers Resource for OESA, AASA, HDMA members Government Affairs Committee that sets legislative priorities based on input from market segments

11 11 Legislative Update Senate Judiciary Legislation – S S. 3325, the Enforcement of Intellectual Property Rights Act, introduced in July by Senate Judiciary Committee Chairman Patrick Leahy and a bipartisan group of cosponsors Senator Leahy is focused on passing legislation that is not controversial and can pass the Senate in the limited time left in the 110 th Congress Committee debate of the bill delayed until September If passed by the Senate this year, a House-Senate Conference Committee will be convened to work out differences between this bill and the House-passed PRO- IP bill (H.R. 4279)

12 12 Legislative Update Senate Judiciary Legislation – S Heavy focus on copyright and trademark protection Coordination of Federal Effort Against Counterfeiting and Piracy –This legislation takes domestic portions of the Bayh Voinovich bill and creates an advice-and-consent level position, the Intellectual Property Enforcement Coordinator (IPEC), to serve in the Executive Office of the President and chair an inter-agency committee, that will produce and implement a joint strategic plan to enforce intellectual property laws

13 13 Legislative Update Senate Judiciary Legislation – S Increased Resources at Department of Justice –This legislation increases the resources available to federal and local law enforcement agencies to combat theft of intellectual property Creates grants for state and local law enforcement New operational unit within the FBI Training program on intellectual property offenses New funds for the FBI and DOJ to hire and train additional agents and prosecutors to investigate and prosecute intellectual property crimes Sends five “intellectual property law enforcement coordinators” to the countries or regions where there presence and assistance can have the greatest positive effect on US intellectual property rights and interests

14 14 Legislative Update Senate Judiciary Legislation – S As introduced, this legislation does not address certain MEMA priorities –Increased protection for IP of goods not bearing a trademark –Increased protection of trade dress –International cooperation between like-minded countries

15 15 Legislative Update Senate Judiciary Legislation – S MEMA Washington Office tried to include statutory language strengthening protection for trade dress and patented goods in bill before it was introduced These attempts were unsuccessful –Other organizations and stakeholders had concerns about language

16 16 Legislative Update Senate Judiciary Legislation – S MEMA Washington Office advocating for the inclusion of language calling for a GAO study to determine how the U.S. government can better protect the intellectual property of manufacturers –Working to get this included in a Chairman’s mark or Manager’s package of amendments when S is considered by the Senate Judiciary Committee in September U.S. Chamber of Commerce supports this language and no known opposition

17 17 Legislative Update Rangel-Levin Trade Enforcement Bill – H.R –Introduced as a legislative marker in July –Will not move this Congress –Title III of bill covers enforcement of IP laws at U.S. borders Enforces U.S. Intellectual Property Rights (IPR). The bill creates a Director of IPR Enforcement and an IPR Enforcement advisory committee to advise on IPR enforcement issues; promotes the use of new technology to better fight intellectual property rights (IPR) infringement; creates a “watch list” for suspected bad actors; and prevents Customs from excusing fines assessed for illegal imports. Increases Staffing, Resources, Training and Coordination. The bill authorizes the support, resources and training that Customs and Immigration and Customs Enforcement need and deserve to carry out their import safety and IPR enforcement responsibilities.

18 18 Anti-Counterfeiting Trade Agreement Late last year, USTR announced that they had begun discussions with our trading partners engaged in discussions to negotiate an anti-counterfeiting trade agreement Discussions include Canada, the European Union (with its 27 Member States), Japan, Korea, Mexico, New Zealand, and Switzerland The National Association of Manufacturers is working with USTR and Immigration and Customs Enforcement to put together a round table in the Detroit area to discuss the trade agreement –When this is scheduled, MEMA Washington will inform the BPC and provide information about attending

19 19 IP Position Paper Discussed at June BPC meeting in Washington Can be the basis for any talking points on the issue For more information, questions or to discuss further, please contact Catherine at or

20 and letter to Congress Safe Ports Act of 2006 required Customs and Border Protection (CBP) to develop advanced data collection for shipments coming into US ports 10+2 Rule creates such a system but added burdensome delays in import supply chain Proposed rule treats all importers in same manner, be they trusted shippers, members of the Customs Trade Partnership Against Terrorism (CTPAT), or first time shippers CBP believes real-time projections will result in 24-hour delay, but business community documented delays reaching 72 hours Business coalition had Rep. Earl Blumenauer (D-MA), along with 19 bipartisan House members, send letter to Sec. Michael Chertoff (DHS) and Comm. Ralph Basham (CBP) asking for pilot program MEMA and coalition partners held briefings for House Ways and Means Committee Staff, Speaker Nancy Pelosi’s Trade Counsel, and other House and Senate offices

21 21 Discussion For more information contact Nelson GarciaCatherine Boland Director, Federal and State PolicyDirector, Government Affairs (202) (202)

22 22 Working Session: Flowchart on how counterfeit products enter our channel First in a series to engage council members and develop valuable industry information to support IP enforcement Future topics include: –Member IP metrics / survey –Product ID Training / standards –BPC Talking Points Today's topic requested by Department of Justice To be published by BPC and distributed to assist in IP enforcement

23 23 Break 15 minutes

24 24 MEMA and BPC Updates AAPEX / IP Guidelines – Sarah Bruno –Webinar scheduled October 1, 2008 at 2:00 EST –Call in , Passcode # –www.readyshow.comwww.readyshow.com –Overview: (1) Your Intellectual Property Rights (2) Exhibitor Responsibilities (3) How to Approach Counterfeiters (4) Examples of Previous Actions

25 25 MEMA and BPC Updates Trade Show Guidelines – Andy Cifranic –Early this year MEMA, CLEPA & JAPIA issued joint statement on International Trade Show IP Protection –Developed white paper on Heavy Duty Trade Show IP Protection – MEMA BPC, HDMA, & TMC –Both recommend adoption of AAPEX Rules & Regulations –Letters sent to Mid-America Trucking Show and Truck World Show, Canada

26 26 Joint Statement by CLEPA, JAPIA and MEMA Announcing Cooperative Effort to Fight Counterfeiting, Intellectual Property Rights Violations Respect for intellectual property rights not only protects the interests of the rights holders, but also serves to uphold the development of society and protect consumer safety. However, counterfeit products are increasing on a global scale and the adoption of effective countermeasures is urgently needed. Given the risk that low quality counterfeit automotive parts and products pose to public health and safety, we acknowledge that all counterfeiting activities must be firmly challenged globally. As one step in the process of stemming the tide of counterfeit parts and IPR violations at international automotive trade shows, we agree to adopt and enforce the guidelines used at the Automotive Aftermarket Products Expo (AAPEX), the annual trade show held in Las Vegas, Nev. USA. These guidelines have been effective at reducing counterfeit product displays and IPR violations at AAPEX. CLEPA, the European association of automotive suppliers Japan Auto Parts Industry Association Motor & Equipment Manufacturers Association Press Release April 1, 2008

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28 28 MEMA and BPC Updates CBP Product ID Training Guidelines – Jack Cameron –Alex Amdur, US Customs and Border Protection addressed the BPC at June meeting –First step in protection is to record copyrights and trademarks with CBP –CBP has developed recommended Product ID Training Guidelines (handout) Most effective ways to help CBP and other enforcement agencies Develop a database or CD of MEMA BPC member companies for distribution

29 29 MEMA and BPC Updates MEMA Legislative Summit Highlights– Brian O’Rourke –BPC Meeting, June 10 Mike Cole – NHTSA Alex Amdur, US Customs and Border Protection Matt Bassiur, US Department of Justice Tom Hipelius, US Immigrations and Customs Enforcement Kiffa Shirley, Federal Bureau of Investigation Jayme Roth, US Senator Evan Bayh staff member Doug Dziak, US Senator George Voinovich staff member –MEMA Legislative Summit, June 10 – 11 –Position papers created on all issues for Hill visits include Intellectual Property –Over 100 attendees –88 visits to House and Senate offices –Nearly 300 visitors to the Supplier Fair

30 30 MEMA and BPC Updates ICE Annual Conference – Brian O’Rourke –June 17 – 19 in Tampa, FL –Over 150 special agents and supervisors –26 field offices and headquarters –Approximately 30 manufacturers and industries displayed including MEMA BPC and IACC –Jack Cameron and Brian O’Rourke represented BPC

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32 32 MEMA and BPC Updates

33 33 MEMA and BPC Updates BPC Member-Only Web Site Updates – Jack –Government Agency contacts –Numerous Press Releases –MEMA Brand Protection Award Recipients & photos –June 10 Washington DC Speaker presentations –New Special Report on Scams –Minutes –Roster –Etc.

34 34 MEMA and BPC Updates Next Meeting – Andy and Brian –November 13 - Detroit –Volunteers Needed: Committee to develop BPC Talking Points Subject expert on 10+2 Product Training ID Guide –Working Session: Survey on Member IP Metrics –C-TPAT: Bob Edge, ZF

35 35 Thank You! Travel Safe!


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