Ministerstwo Gospodarki Counterfeiting and other problems in plant protection products marketing (presentation of ) Zbigniew Barszcz Department of Development of Economy European strategy of combating falsification of goods and piracy

Ministerstwo Gospodarki Ministerstwo Gospodarki 2 Problem of counterfeit goods (generally) is the global problem Trading in pirate goods and other counterfeit products violating all intellectual property rights inflicts a significant damage to legal producers and business entities and to the holders of such rights. In many cases it misleads, and sometimes it may pose a threat to the health and safety of the consumers.

Ministerstwo Gospodarki Ministerstwo Gospodarki 3 The extent of the problem, estimated losses OECD report (The Economic Impact of Counterfeiting and Piracy) The goal of the report is, first of all, to deal with the real understanding of the issue relating to the impact of falsification and piracy of goods on economy and making the participants of business trading and economy more aware of the occurrence of this harmful phenomenon and developing the more effective methods of counteracting these phenomena.

Ministerstwo Gospodarki Ministerstwo Gospodarki 4 : The OECD report relates, in particular, to: Impact on innovativeness Impact on the economic growth Impact on employment Impact on health and safety of the consumer Issues connected with the organized crime

Ministerstwo Gospodarki Ministerstwo Gospodarki 5 European strategy relating to the industrial property rights (1/7) Expectations of the European Commission Expectations of the European Commission focus on the limitation of a dangerous practice relating to the falsification and piracy of goods to the minimum. There is an opinion that the counterfeit products are more profitable than smuggling drugs, and falsified pharmaceutics (therefore, also fito-pharmaceutics = plant protection products) are particularly dangerous and constitute a threat to the health and safety of the consumers.

Ministerstwo Gospodarki Ministerstwo Gospodarki 6 European strategy regarding industrial property rights (2/7) Challenges Challenges Quality of industrial property rights Quality of industrial property rights Supporting innovation of the small and medium enterprises Supporting innovation of the small and medium enterprises Execution of intellectual property rights – counteracting falsification and piracy Execution of intellectual property rights – counteracting falsification and piracy Reform of trademarks Reform of trademarks Conclusions Conclusions

Ministerstwo Gospodarki Ministerstwo Gospodarki 7 European strategy regarding industrial property rights (3/7) The goal of the document is the development of a horizontal and integrated strategy regarding industrial property rights, which is aimed at creation of a system of protection and exercising of these rights, which will facilitate the optimum accomplishment of tasks facing Europe, which result from the needs of the global knowledge-based economy.

Ministerstwo Gospodarki Ministerstwo Gospodarki 8 European strategy regarding industrial property rights (4/7) The Announcement specifies actions, which the European Commission intends to undertake in order to create the system of industrial property rights enabling the European economy to use its potential to the maximum to achieve the optimum benefits from operating within the global economy.

Ministerstwo Gospodarki Ministerstwo Gospodarki 9 European strategy regarding industrial property rights (5/7) With respect to seeking intellectual property rights and counteracting falsification and piracy, the European Commission will act to ensure full transfer and effective application by the Member States of the provisions of Directive 2004/48/WE regarding execution of intellectual property rights. The Commission will also develop a new plan of action regarding application of customs measures on the borders in order to stop the goods that violate intellectual property rights.

Ministerstwo Gospodarki Ministerstwo Gospodarki 10 European strategy regarding industrial property rights (6/7) The Commission will also take non-legislative steps aimed at the strengthening of cooperation and coordination of actions of the state bodies involved in the seeking of intellectual property rights (customs and court authorities, police, prosecutor’s office, intellectual property offices, etc.), as well as cooperation between the public and private sector units in counteracting the violations of these rights.

Ministerstwo Gospodarki Ministerstwo Gospodarki 11 European strategy regarding industrial property rights (7/7) The Announcement presents the main actions at the Community level The Announcement presents the main actions at the Community level The Announcement is aimed at enhancing further discussion and actions on the part of the Member States and all parties concerned The Announcement is aimed at enhancing further discussion and actions on the part of the Member States and all parties concerned The Member States are expected to formulate the strategy in the areas that are within their powers The Member States are expected to formulate the strategy in the areas that are within their powers

Ministerstwo Gospodarki Ministerstwo Gospodarki 12 What do the actions related to the Announcement look like in the case of Poland ? The The Polish initiative of the European campaign against counterfeiting of plant protection products is fully compliant with the Announcement presented by the European Commission. Meeting for the second time, you are ahead of the decisions related to the realization of actions stipulated in the Announcement. Earlier, it was the initiative of several countries, and today, meeting the expectations of the European Union, the authorities of Poland support this initiative.

Ministerstwo Gospodarki Ministerstwo Gospodarki 13 The position of the Government of the Republic of Poland The Government of the Republic of Poland supports the strategy presented by the European Commission regarding the industrial property rights for Europe and actions proposed for its implementation. To maintain the competitiveness in the world knowledge- based economy, Europe should have a strong system of protection, exercising and seeking of industrial property rights. This system is a key condition for the development of innovativeness, stimulating investments in the research-development work and transfer of knowledge from science to industry, this is why it is necessary for this system to be effective and easily accessible for the users.

Ministerstwo Gospodarki Ministerstwo Gospodarki 14 Counteracting the falsified goods in Poland The Order of the Prime Minister of November 9, 2000, creating the Team for Counteracting Violations of the Copyright and the Related Rights On July 8, 2008, the Council of Ministers adopted the "Report on the compliance with the copyright and the related rights in Poland for 2007", and on July 18, 2008, the "Program for protection of the copyright and the related rights in Poland for ".

Ministerstwo Gospodarki Ministerstwo Gospodarki 15 Tasks of the Team The tasks of the Team include the preparation of motions and proposals relating to the improvement of coordination of actions of the state administration bodies with respect to the effectiveness of counteracting the violations of the copyright and the related rights, and in particular: 1) presenting to the Prime Minister the current analysis of the situation regarding the compliance with the copyright and the related rights, 2) presenting the proposed actions aimed at prevention of the violations of the copyright and the related rights and counteracting such violations, 3) preparation of the proposals of legislative changes aimed at the more effective execution of the copyright and the related rights, conducting a periodical evaluation of the progress in the actions related to the counteracting of the violations of the copyright and the related rights.

Ministerstwo Gospodarki Ministerstwo Gospodarki 16 The Report on the compliance with the copyright and the related rights in Poland for 2007 This study contains the detailed data on the number of the conducted cases relating to the violations of the copyright and the related rights This study contains the detailed data on the number of the conducted cases relating to the violations of the copyright and the related rights, as well s other intellectual property rights and the number of the confiscated pirate and falsified goods. The re The re ports are translated into English and are sent to the foreign partners, with whom Poland cooperates.

Ministerstwo Gospodarki Ministerstwo Gospodarki 17 Program for protection of the copyright and the related rights for The program contains the detailed actions, which Polish institutions intend to take to reduce the violations of the copyright and the related rights, as well as other intellectual property rights.

Ministerstwo Gospodarki Ministerstwo Gospodarki 18 The Act - the Industrial Property Right In 2005, the Supreme Court adopted Resolution, in which it defined the notion of „placing on the market” the goods, which are referred to in Art. 305 section 1 of the Act of June 30, 2000 – the Industrial Property Right. Pursuant to the then adopted Resolution, it was defined that „placing on the market” was the transfer by the producer or importer, for the first time, for trading, the goods marked with the falsified trademark. As a result of the Resolution of the Supreme Court, in the legal state applicable until August 30, 2007, only the placing on the market of goods marked with the falsified trademark was penalized, whereas further trading in them was not penalized. The Act on the Amendment of the Act – the Industrial Property Right, passed on June 29, 2007, amended accordingly the provision of Art. 305, which became effective on August 31, 2007.

Ministerstwo Gospodarki Ministerstwo Gospodarki 19 European strategy regarding the industrial property rights the Community judicative system The Community patent would significantly contribute to the liquidation of problems related to the protection of inventions. The integrated Community judicative system could significantly facilitate the access to the possibilities of settling disputes and would strengthen the legal certainty of both, the holders of rights and third parties.

Ministerstwo Gospodarki Ministerstwo Gospodarki 20 The Court for Intellectual Property issues The Ministry of Economy supports the idea of creating in Poland the court applicable for the intellectual property issues. Such solution would help to make the rulings regarding industrial property protection more uniform and to improve their quality. The Ministry of Economy supports the idea of creating in Poland the court applicable for the intellectual property issues. Such solution would help to make the rulings regarding industrial property protection more uniform and to improve their quality. Establishment of such courts would accelerate the settlement of disputable cases, and thanks to the specialized judicative bodies having also the technical knowledge the quality of the issued decisions would improve. Establishment of such courts would accelerate the settlement of disputable cases, and thanks to the specialized judicative bodies having also the technical knowledge the quality of the issued decisions would improve.

Ministerstwo Gospodarki Thank you for your attention