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International Bureau of the Universal Postal Union Berne (SWITZERLAND) © UPU 2008 – All rights reserved UPU and the challenges of counterfeit products Mr. B.A. Khan Customs and Airmail Expert John DOE – Programme manager «…» (DIRECTION)
© UPU 2008 – All rights reserved International Bureau of the Universal Postal Union How and where can counterfeit products be controlled? – Responsibility of legislative decision makers and enforcement authorities – UPU members cooperate with authorities within the confines of law and legislation – UPU members, as carriers, are not in a position to determine how and where counterfeit products can be controlled – UPU does not have the expertise to identify whether an item is counterfeit or pirated
© UPU 2008 – All rights reserved International Bureau of the Universal Postal Union How big is the piracy problem and what should be done about it? – It is not the domain of UPU members to quantify either way and none would be able to do so without external expert help of right holders –Ensure any actions on counterfeit products do not compromise legitimate international trade –Postal operators always cooperate with the authorities to execute any intervention on counterfeit products
© UPU 2008 – All rights reserved International Bureau of the Universal Postal Union What are the priorities for legislative decision makers and enforcement authorities? The legislative decision makers and enforcement authorities should ensure that proposed laws, regulations and control procedures are realistic, practical, and reasonable and to ensure that appropriate tools are provided.
© UPU 2008 – All rights reserved International Bureau of the Universal Postal Union What is the UPU doing to prevent the dispatch of counterfeit products sent through postal traffic? 1Include counterfeit products in the List of UPU Prohibited Articles: Clear signal that the UPU is taking the problem of counterfeit seriously The 2008 UPU Congress will decide about the final outcome of the proposal Invitation to the WCO has been extended and accepted to attend the 2008 UPU Congress
© UPU 2008 – All rights reserved International Bureau of the Universal Postal Union What is the UPU doing to prevent the dispatch of counterfeit products sent through postal traffic? 2 Develop electronic messaging from Posts to Customs: Advance electronic information would better enable Customs to carry out risk- assessment of counterfeit products The design of the electronic message has been submitted to WCO for examination New tool to identify repeat offenders
© UPU 2008 – All rights reserved International Bureau of the Universal Postal Union What is the UPU doing to prevent the dispatch of counterfeit products sent through postal traffic? 3Raising awareness of postal employees about counterfeit products: The UPU has recently developed a joint course with WCO. The security module contains information about counterfeit products In consultation with WCO, the UPU plans to develop an E-learning module on IPR infringements being committed through postal traffic
© UPU 2008 – All rights reserved International Bureau of the Universal Postal Union What is the UPU doing to prevent the dispatch of counterfeit products sent through postal traffic? 4 The UPU has developed a check list to improve compliance with the customs declarations: Inform senders that counterfeit products are not allowed to be carried Warn senders about the consequences of sending counterfeit products
© UPU 2008 – All rights reserved International Bureau of the Universal Postal Union What is the UPU doing to prevent the dispatch of counterfeit products sent through postal traffic? 5 UPU plans to conduct a study on counterfeit products in 2009-2012 A congress resolution has been submitted for approval
© UPU 2008 – All rights reserved International Bureau of the Universal Postal Union Thank you
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