Republika Slovenija Ministrstvo za finance CARINSKA UPRAVA REPUBLIKE SLOVENIJE

Republika Slovenija Ministrstvo za finance CARINSKA UPRAVA REPUBLIKE SLOVENIJE Customs Administration RS: Vojko Otovic Head of section of prohibitions and restrictions (

Customs responsibility protection and facilitation of the international and national trade preventing illegal traffic and fight against counterfeit goods, drugs, cigarettes… preventing the entry of hazardous goods ensuring the safety and security of citizens fight against fraud, terrorism and organised crime (in collaboration with other law enforcement agencies)

Prohibitions and restrictions Protection of: – public policy and international security – health and life of humans – environment – fauna and flora – industrial and commercial property – national treasures possessing artistic, historic or archaeological value

Activities of customs in the protection of IPR 1.Legislation 2.Applications 3.Cooperation 4.Public awareness 5.Statistics

1. Legislation Council Regulation (EC) 1383/2003 − concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights Commission Regulation (ES) 1891/2004 and 1172/2007 – provisions for the implementation of Reg. 1383/2003

Act Implementing the Customs Reg. of EU Provisions on customs IPR measures – request for action, a decision on the request and the statement by the right holders – sampling because of suspected IPR violations – judicial protection – destruction of goods under customs control – arrangement of destruction – security instead of detention of the goods – storage of seized goods – treatment of seized goods – costs in relation to goods

Temporarily detained goods by customs on request of the right-holder – if the application is lodge – Simplified procedure (right-holder's agreement-destruction under customs control) ex officio Costs relating the goods the right-holder bear all costs Destruction of the goods at the expense and under the responsibility of the right holder

2. Lodging of applications National applications – according to Article 5(1) of the basic Regulation the applicant applies for action by the customs authorities of that Member State in which the application for action is lodged. – This application can be used for all type of intellectual property rights. Community applications – With this application the applicant requests assistance by the customs authorities of the Member State in which it is lodged and assistance by the customs authorities of one or more other Member States. – The advantage for right holders is that the decision taken in the Member State in which the application is lodged, has the same legal effects in all other requested Member States.

Community applications: National applications: 74/2010

3. Cooperation National cooperation – Informal working group within customs administration – Working group between all enforcement bodies: Ministry of Economy - Slovenian Intellectual Property Office, Market Inspectorate Customs Administration of the Republic of Slovenia Ministry of Interior Ministry of Justice

International cooperation – EC/CCC/Counterfeit Section – EU action plan – ACTA (Anti-Counterfeiting Trade Agreement) – Action plan EU/China – Joint customs cooperation – WCO – Interpol – Europol

Customs/business partnership – Memorandum of understandings – Specific action with sensitive business sectors – Information exchange between privat sector and customs – Training material

Raising awareness both – business and customs campaigns (leaflets, posters…) at major border points exhibitions, information to consumers (publication of statistic, press releases, open days…) 4. Publicity (public awareness)

Exhibitions and open days Visit at school…

5. Statistic Most counterfeit goods are discovered at the Port of Koper Office. The number of seizures at the Ljubljana Post Office increased significantly; most cases involved counterfeit medicines. For the most part, the consignments with counterfeits come from India (counterfeit medicines), Hong Kong (counterfeit watches), and from China (counterfeit sports articles, clothes, technical products)… 2008 (436 cases, pieces) 2009 (359 cases, pieces) 2010 (602 cases, pieces)

Cases:

Simon Golub Head of Financial Crime and Money Laundering Section Senior Criminal Police Inspector General Police Directorate Criminal Police Directorate Stefanova ulica 2, 1501 Ljubljana Phone: 01 / Fax: 01 /

THE POLICE The police performs its tasks at three levels: the state, the regional and the local levels. Organisationally, it is composed of General Police Directorate, Police Directorates (8) and police stations. The police headquarters are in Ljubljana. Within the General Police Directorate (national level) the Financial Crime Section is responsible for preventing, discovering and inspecting penal acts in the field of intellectual property (national / international cooperation, strategic tasks etc), while criminal investigations are carried out manly by Financial Crime Units within the Police Directorates (regional level).

Criminal Offence IPR offences are in the Criminal Code defined in: 1.Chapter Sixteen - CRIMINAL OFFENCES AGAINST HUMAN RIGHTS AND LIBERTIES Violation of Moral Copyright (Article 147) Violation of Material Copyright (Article 148) Violation of Copyright and Related Rights (Article 149) 2.Chapter Twenty-Four - CRIMINAL OFFENCES AGAINST THE ECONOMY Unauthorised Use of Another’s Mark or Model (Art. 233) Unauthorised Use of Another’s Patent or Topography (Article 234)

Criminal Offence - Legal Persons Liability of Legal Persons for Criminal Offences Act “A legal person shall be liable for a criminal offence committed by the perpetrator in the name of, on behalf of or in favour of the legal person…if it has at is disposal unlawfully obtained property benefit or uses objects obtained through a criminal offence…”;

CRIMINAL OFFENCE Violation of Moral Copyright 31 Violation of Material Copyright 55 Violation of Copyright and Related Rights 00 Unauthorised Use of Another’s Mark or Model 48 Unauthorised Use of Another’s Patent or Topography 40 TOGETHER 1614 In 2010 The Police filed criminal reports against 10 natural and 4 legal persons.

Andrejka Grlić Chief Market Inspector Republic of Slovenia Ministry of the economy Market inspectorate of republic of Slovenia Phone: 01/

Organization, Powers and Activities of Market Inspectorate of Republic of Slovenia 113 market inspectors are responsible for 42 national acts on different areas with more than 80 executive regulations and several European Regulations

Scope of Activity (cont.) consumer protection product safety trade craft catering and tourism moonlighting unfair competition protection of copyrights and industrial property rights unfair business-to-consumer commercial practices credit agreements for consumers sale of real estate …

Scope of Activity (cont.) New Approach Directives: Low voltage equipment (LVD) Safety of machinery (MD) Personal protective equipment (PPE) Gas appliances (GAD) Electromagnetic compatibility (EMC) Recreational crafts (RCD) Radio equipment and telecommunications terminal equipment (R&TTE) Energy labelling of household electric refrigerators, freezers, and combinations thereof Construction products (CPD) General product safety (GPSD)

I ndustrial Property Act Official Gazette RS, no. 51/2006  Judicial protection

Unfair Commercial Practices Directive Directive 2005/29/EC Directive directly protects consumer economic interests from unfair business-to-consumer commercial practices. Thereby, it also indirectly protects legitimate businesses from their competitors who do not play by the rules in this Directive and thus guarantees fair competition in fields coordinated by it.

Misleading actions A commercial practice shall be regarded as misleading if it contains false information and is therefore untruthful or in any way, including overall presentation, deceives or is likely to deceive the average consumer, even if the information is factually correct, in relation to one or more of the following elements, and in either case causes or is likely to cause him to take a transactional decision that he would not have taken otherwise the main characteristics of the product :…..

Misleading actions A commercial practice shall be regarded as misleading if it contains false information and is therefore untruthful or in any way, including overall presentation, deceives or is likely to deceive the average consumer, even if the information is factually correct, in relation to one or more of the following elements, and in either case causes or is likely to cause him to take a transactional decision that he would not have taken otherwise the main characteristics of the product :…..

(cont.) A commercial practice shall also be regarded as misleading if, in its factual context, taking account of all its features and circumstances, it causes or is likely to cause the average consumer to take a transactional decision that he would not have taken otherwise, and it involves: any marketing of a product, including comparative advertising, which creates confusion with any products, trade marks, trade names or other distinguishing marks of a competitor;

The Law on Copyright and Related Rights Official Gazette RS, no. 16/2007, 68/2008  Judicial protection The person whose rights may demand the protection of his rights and claim restitution from the infringer according to the rules on damages.  Competence of the Market Inspection seize the goods which were used or intended for the commission of a misdemeanor, or were created by such misdemeanor, and order to remedy the irregularity within the prescribed time limit

The specially qualified group of market inspectors carried out the controls given the special nature of inspection in respect of computer programs. In accordance with the provisions of the Inspection Act an inspector has the right to conduct inspection of the economic entity on the basis of the law (without special permission of the court) and without prior notice. Market Inspectorate control subjects selected randomly or based on applications received. Randomly selected subjects are chosen individually or by the industries in which they operate. In previous years selected subjects were chosen from lawyers, media organizations (radio and TV organizations, newspapers, magazines...), architects and others.

In the years from 2008 to 2010 Market Inspectorate conducted 417 inspections in which the 2284 computers were checked. On the computers computer programs that user’s use at their work was examined with random selection method. Of all the programs examined individual subjects did not demonstrate legitimate use for 1626 (12.4%) programs. From the 417 examined subjects in 252 subjects (60.4%) was identified at least one illegal use of a computer program.

Aktion SUM Number of conducted inspections Number of checked computers Number of checked computer‘s programs Number of illegal programs Precentage of illegal programs13,3%12,4%11,2%12,4% Number of subjects in the offense Precentage of subjects in the offense 70,3%63,6%51,4%60,4%

Thank you for your attention! Customs Administration RS: Vojko Otovic Head of section of prohibitions and restrictions Simon Golub Head of Financial Crime and Money Laundering Andrejka Grlić Chief Market Inspector