1 n European Commission 4th Global Congress: Combating Counterfeiting and Piracy Dubai – 3 February 2008 An Urgent Need to Better Respond to the Global Problem of Counterfeiting and Piracy: The EU Answer Luc P. Devigne Head of Intellectual Property and Public Procurement Directorate General for Trade Luc P. Devigne Head of Intellectual Property and Public Procurement Directorate General for Trade

2 n European Commission n n Enforcement in third countries: The IPR Enforcement Strategy n n Bilateral cooperation n n Multilateral cooperation n n Technical assistance n n Cooperation with the private sector Outline

3 n European Commission n n International physical trade (only) of counterfeits valued at $200 billion/year by the OECD report of 2007 n n 130m counterfeit articles seized at EU border in 2006 (from 75m in 2005) n n Growth in seizures of dangerous fakes. Counterfeit medicines (from 0.5m in m in 2006) but also foodstuffs (1.2m) toys (2.6m), cosmetics, etc. n n 80% of all fakes come from China. n n Economical, social, political issue. EU priority for its citizens, business and leaders. A Growing Problem

4 n European Commission The Enforcement Strategy n n Guidelines for EU action on the promotion of IPR enforcement around the world. n n Identification of priorities: China, Russia, Turkey, Ukraine, Chile, Korea, ASEAN and Mercosur. n n Strong emphasis on cooperation and dialogue n n BUT EU will not tolerate large scale infringements of IPR.

5 n European Commission Bilateral Cooperation Bilateral Dialogues with key trading partners. China, Russia, Ukraine, Chile, Mexico and others to address specific problems n n Important role of EU Delegations/Embassies/Chambers of Commerce – Expanding network of IPR experts in Beijing, Moscow, Kiev and Bangkok. n n Result oriented discussion n n With competent enforcement authorities n n Participation of Industry n n Joint conclusions, to allow progress assessment

6 n European Commission Bilateral Cooperation With Countries sharing EU concerns n n EU-US Action Strategy Customs cooperation Diplomatic network in third countries Coordination of technical assistance Promotion of joint actions between EU and US right-holders Support to business (help-desks for SMEs, trade fairs) n n EU-Japan IP Cooperation

7 n European Commission Bilateral Cooperation Free Trade Agreements n n Strengthening IPR enforcement in FTAs n n Sharing the experience of the EU 2004 Enforcement Directive 2003 Customs Regulation Future Directive harmonising criminal sanctions

8 n European Commission Multilateral Cooperation n n ACTA: Anti-Counterfeiting Trade Agreement. n n improved legislation; n n adoption of best practices; n n cooperation between enforcement authorities. n n WTO: strengthening enforcement in TRIPs Council. n n G8: Heiligendamm n n OECD: Ongoing study on economic impact of IPR infringements.

9 n European Commission Technical Assistance n n Multi-year IPR programmes in: China, ASEAN, Central Europe n n Training programs, seminars, preparation of laws, capacity building n n Increased focus on IPR enforcement

10 n European Commission Cooperation with Private Sector n n Support to right-holders (particularly SMEs): n n IPR Help-desk n n IPR Guidebook n n Consultation of industry to reassess priorities. n n Enforcement Survey: covering over 40 countries n n Participation in IPR Dialogues with third countries n n Cooperation with EU Customs

11 n European Commission Conclusion IP will remain an EU top priority EU ready to cooperate with willing partners Some progress recorded through Dialogues (legislative improvements; cases resolved) IPR enforcement inadequate in several countries Cooperation to be supported by alternative trade actions.

12 n European Commission Thank you ! More information :