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Enforcing IPR: where theory turns to action Marie Pattullo AIM, European Brands Association WIPO Forum on IP and SMEs 14 September 2007.

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Presentation on theme: "Enforcing IPR: where theory turns to action Marie Pattullo AIM, European Brands Association WIPO Forum on IP and SMEs 14 September 2007."— Presentation transcript:

1 Enforcing IPR: where theory turns to action Marie Pattullo AIM, European Brands Association WIPO Forum on IP and SMEs 14 September 2007

2 AIM: who are we? European Brands Association (Association des Industries de Marque) Mission statement: To create for brands an environment of fair and vigorous competition, fostering innovation and guaranteeing maximum value to consumers Counterfeiting today affects more and more everyday goods, affecting more and more unsuspecting consumers AIM®

3 The benefits of brands A contract of confidence with the consumer: repeat purchases based on trust re fitness for purpose, quality and ingredients etc. Allow consumers to differentiate and to choose what they actually want to purchase Innovation: for each extra 1 spent on research and development, brands generate 2 of extra value compared to just 1 for other business types (Of brands and growth – PIMS, 2004) Brands boost employment: EU employment growth in innovative industries like branding is twice that of other sectors (DG III European Commission, 1995) All of the above are destroyed by counterfeiting and piracy AIM®

4 AIM Anti-Counterfeiting Committee Major industry coalition; companies, national anti- counterfeiting groups (including Promarca in CH), sectoral and non-sectoral bodies Mission: To act as a strong, coherent voice for European industry in the fight against the manufacture, distribution and sale of counterfeit and pirated items To engage in world-wide co-operation with all public and private sector stakeholders, including law enforcement agencies and public policy makers AIM®

5 EUROPEAN INDUSTRY COORDINATION Cross-Sectoral Members AIM, BUSINESSEUROPE, ECTA, BMD, ICC-BASCAP… Sectoral Members BIEM, Comité Colbert, EFPIA, EURATEX, FESI, IFPI, IVF, MPA, TIE… Europe COLIPA, IFSP, TABD… Global CACP, QBPC, GMA, INTA, OECD, UNECE, WCO, WTO, WIPO… National Anti- Counterfeiting Group Members ABAC-BAAN, ACG, APM, IACC, INDICAM, Union de Fabricants… AIM Anti-Counterfeiting Committee European institutions AIM® Corporate Members Bacardi-Martini, BatMARK, Beiersdorf, Cadbury-Schweppes, Colgate-Palmolive, Danone, Diageo, Ferrero, Georgia-Pacific, GSK, Heineken, Henkel,Lego,LOreal, LVMH, Microsoft, Nestlé, Nokia, Pernod-Ricard, Philips, P&G, Reckitt-Benckiser, Sara Lee International, Unilever…

6 ACRONYMS ICC-BASCAP: International Chamber of Commerce – Business Action to Stop Counterfeiting & Piracy INDICAM: Italian anti-counterfeiting association IFPI: International Federation of the Phonographic Industry IFSP: International Federation of Spirits Producers INTA International Trademark Association IVF: International Video Federation MPA: Motion Picture Association OECD: Organisation for Economic Co-operation & Development QBPC: Quality Brands Protection Committee TABD: Transatlantic Business Dialogue TIE: Toy Industries of Europe Union de Fabricants: French anti-counterfeiting association UNECE: United Nations Economic Commission for Europe WCO: World Customs Organisation WTO: World Trade Organisation WIPO: World Intellectual property Organisation ABAC-BAAN: Belgian anti-counterfeiting group ACG: Anti-Counterfeiting Group UK AIM: European Brands Association APM: German anti-counterfeiting group BIEM: Bureau des sociétés gérant les Droits dEnregistrement et de reproduction Mécanique BMD: United Brands Association, Turkey CACP: Coalition Against Counterfeiting and Piracy COLIPA: European Cosmetic Toiletry & Perfumery Association Comité Colbert: French luxury goods association ECTA: European Communities Trade Mark Association EFPIA: European Federation of Pharmaceutical Industries and Associations EURATEX: European Apparel and Textile Organisation FESI: European Sporting Goods Industry GMA: Grocery Manufacturers of America IACC: International Anti-Counterfeiting Coalition AIM®

7 Enforcement must be… … seen as the obvious corollary to registration – the defence and protection of a right, in this case an IP right … practical, not theoretical … collaborative; joint industry action (e.g. AIM Anti- Counterfeiting Committee), joint action with law enforcement and joined-up policing within law enforcement … available and accessible AIM®

8 Problems with enforcement Varies hugely from country to country, even within the EU, e.g.: look-alikes/parasitic copies Enforcement and UCP Directives interpretation of Customs Regulation right to information criminal sanctions Non-accountability of land owners who allow market traders to deal in fakes & content providers/ISPs who allow fakes on their Internet sites AIM®

9 Why is enforcement a problem? Different level of appreciation of seriousness of IPR fraud in different countries Unequal expertise of the judiciary, Customs, police etc. Lack of resources The bottom line: because the laws we have are not enforced! AIM®

10 Current EU activities Customs: Suggested amendments to Customs Regulation (1983/2003) Zero tolerance concerns Intelligence sharing Resource fears Criminal sanctions proposal – ongoing contacts with institutions and Member States as to next steps Watching brief on national implementation/Commissions study on transposition of Enforcement Directive, concerns over right to information (etc) DG ENTR: (1) Study on effects of counterfeiting on EU SMEs and a review of various public and private IPR enforcement initiatives and resources; final report expected end 2007 (2) study on use of IPR by SMEs: (3) IPR awareness and enforcement project (including an enhanced version of the previous IPR Helpdesk); (4) regional seminars for SMEs… AIM®

11 Suggested Governmental action Give Customs more resources and train up more IPR specialists Train the judiciary to understand counterfeiting & piracy; dedicated IPR judges Specialist police units also needed; appreciation of knock-on effects on other crimes; cross-border cooperation (e.g. Interpol); IPR crimes should also be recorded in national crime statistics AIM®

12 LEAs/Rightholders joint action Enforcement MUST be collaborative Rightholders MUST file Customs applications! Involvement of rightholders in investigations and exchange of information – i.e. both ways - with LEAs, including regular meetings Joint training sessions – e.g. operational training by DG TAXUD, WCO etc. AIM®

13 More international coordination? TRIPs: we have it, it would take years to replace it, so lets use it and enforce it Active, practical measures – more specialist Customs, police and judges; exchanging officers from different jurisdictions; sharing best practices… ENFORCING THE LAWS WE ALREADY HAVE! Enforcement is not just a word. It is action. AIM®

14 Thanks for listening. Marie Pattullo AIM - European Brands Association 9 Avenue des Gaulois B-1040 Bruxelles

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