1. Eli Mufisovski SNB-REACT Balkan Skopje 1 April 2009 European Anti – Counterfeiting Network

2. SNB-REACT Objectives Enable cost effective anti counterfeiting operations Europe wide for its members Not for profit Straight forward actions Support enforcement agencies SNB-REACT: Operational IPR Business Partnership: training-lobbying

3. SNB-REACT Objectives Create Pan European network One stop service: offices in Amsterdam, Milan, Lisbon, Vilnius, Skopje, agencies and partners all over Europe Europe wide investigation/legal follow up

4. 1. National Units SNB-REACT – Headquarter SNB-REACT – Headquarter REACT Italy Branch REACT Italy Branch REACT Portugal/Spain Branch REACT Portugal/Spain Branch REACT Baltics Lithuania Branch REACT Baltics Lithuania Branch REACT Balkan Macedonia Branch REACT Balkan Macedonia Branch REACT The Netherlands Branch REACT The Netherlands Branch React’s anti-counterfeiting national units act by swiftly undertaking seizures on behalf of its member companies at low costs

5. 2. Partners/Agencies SNB-REACT - Partners Hungary Austria Luxembourg Romania Poland Finland Spain Germany Russia Greece U.K. Latvia Belgium SNB-REACT has partnership agreements with specialized intellectual property law firms, investigators and sister organizations. Standard actions are performed at fixed fees

6. SNB REACT Balkan SNB-REACT Balkan Montenegro Serbia Albania Macedonia Bosnia and Herzegovina

7. SNB-REACT-operational Efficiency: to keep fees at low level Operate at non profit basis: Standard legal actions, Monitoring markets, event and The Internet Joint actions

8. IPR Business Partnership Training efforts: National training with enforcement Asia Pacific region Either as REACT or jointly with WIPO, UNECE or other intl. organisation Technical assistance: digital camera’s containers/ storage of counterfeits

9. IPR Business Partnership Lobby issues: Shift of liability to intermediaries: Simplified procedures Disposal of counterfeit goods

10. Liability of intermediaries SNB-REACT tries to involve Service Providers: legislation, lobbying and if necessary legal proceedings EU Directive on the Enforcement of IPR 2004/48 recognizes that intermediaries are a relevant link in the counterfeit business

11. Liability of intermediaries EU Enforcement Directive: Intermediary can be ordered to provide information (Article 8) Interlocutory may be issued against an Intermediary (Article 9) TRIPS Costs of enforcement shall not be unnecessarily costly (Article 41, 2) Infringer pays the right holder damages adequate to compensate for injury the right holder has suffered (Article 45)

12. Liability Transporter Vital role – movement of counterfeit Targets: 1. Impose costs on the shipper/consignor 2. Immediate surrender of goods/documents 3. Pro-active approach with obvious infringing consignments

13. Liability Transporter Costs / Surrendering TRIPS – infringer liable for costs Anti Piracy Regulation 2003/1383 – unclear wording right holders pay for the costs; will be repaired in the future In absence of infringer – costs should stay in contractual chain (confirmed by Dutch Summary Judge (China Shipping 22 august 2006))

14. Liability Transporter Carriers – General Freight Conditions: 1. Do not transport counterfeit 2. Right to surrender counterfeit goods 3. Shipper liable for damages

15. Liability Transporter Pro –active approach Bill of lading – general obligation to inspect goods Actual obligation to check when shipper is notorious for sending counterfeit goods – risk analysis

16. Liability Transporter To achieve our targets: - Promoting with organizations the amendment of freight conditions - Lobbying for better legal conditions on costs - If the right case comes up – legal proceedings

17. Landlords Landlords of markets / fairs Responsible for their tenants when informed about illegal activities Base EU Enforcement Directive

18. Landlords Targets: 1. Inclusion in general condition/lease agreement explicit prohibition of trade in counterfeit 2. Disclosure of traders details 3. Pro-active approach towards obvious infringements

19. Internet Service Providers Internet: perfect platform Targets 1. Immediate removal 2. Disclosure of personal data 3. Pro-active approach

20. Operational activities Follow up notification enforcement officers Legal actions: civil, criminal Investigations Monitoring of markets, fairs Monitoring of the Internet Storage, destruction of goods

21. CONCLUSION Work on legislation Strengthening the system Offer more assistance in the area to the authorities - Practical with enforcement - Training, storage, destruction eo - Legislation

22. Thank you for your attention SNB REACT BALKAN Ms. Eli Mufisovski Dame Gruev nr 1 Skopje, Macedonia Tel +389 2 3228 244 Fax + 389 2 3298 007 emufisovski@snbreact.org reactbalkan@snbreact.org www.snbreact.org