IP Rights Infringements and Enforcement Recommendation 45 of the WIPO Development Agenda 6-8 May 2013 Cairo Egypt 2013

Points to Ponder (Recom 45 Wipo Dev Agenda) To approach IP enforcement, in line with Art 7 of TRIPS, with a view that the protection and enforcement of IP rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare and to a balance of rights and obligations.

IP RIGHTS INFRINGEMENTS AND ENFORCEMENT Balancing the rights and responsibilities through a strategy of Co-operation Could this be the key to successful enforcement of IPR?

CONCURRENT FUNCTION The CIPC is the custodian and responsible for the administration of the Act Implementation is done together with CIPC Inspectors appointed through t the CGA and the Customs division of the South African Revenue Service (SARS) and the South African Police Service (SAPS) I Fostering a close working relationship with the Municipal and Local Government Authorities.

CO-OPERATION The efficiency with which counterfeit and pirated products are being combated in South Africa depends on: – the internal working relationship of all government agencies responsible for the enforcement of the Act, and – the co-operation and commitment of the IP holders, their agents and representatives – creating a general awareness with the public

The massive infiltration of counterfeit and pirated products, or IP theft, creates an enormous drain on the global economy crowding out billions in legitimate economic activity and facilitating an "underground economy" that deprives governments of revenues for vital public services, IF NO BALANCE WHAT WILL HAPPEN?

–forces higher burdens on tax payers, –dislocates hundreds of thousands of legitimate jobs and –exposes consumers to dangerous and ineffective products –Foreign investment loss –International trade relations will suffer IF NO BALANCE WHAT WILL HAPPEN?

The exploitation of the IP system is an important and powerful tool for wealth creation and poverty reduction Modern legislation and effective administrative infrastructures for the acquisition of IPR are important steps towards IP protection (CIPC) The acquisition of IPR is of little economic value if these rights cannot be enforced effectively. The credibility of the IP system depends to a considerable extent on the enforceability of IPR

Well-functioning IP enforcement mechanisms are the best means to limit the number of violations of IPR and to assure that right holders and society as a whole can reap the benefits from the INTELLECTUAL PROPERTY system The trade in fake products results in huge losses annually to the Government, consumers and industries Eventually this might cause industries to collapse and legitimate business to fall into the hands of criminals

RESPONSIBILITY The responsibility to balance the protection of legitimate businesses with the responsibility towards consumers will always be that of Government.

Capacity Improvement Programme 1.Establishing a forum for Brand holder engagement 2.Design a Compliance Portal for interaction 3.Centralization of all Training Initiatives 4.Risk Mitigation Alignment Plan 5.Reinforcing Regional Forum interventions within SACU/SADC 6.Strategic approach to enforcement actions (landlord liability) 7.Different approach to awareness, education and marketing strategies (no longer anti piracy but positive angle. Reward the right behaviour)

Counterfeiting and Piracy polarises opinion within society and the judiciary are no exception. Some continue to believe it to be a relatively trivial criminal offence. Perhaps once it was. But in 2013, counterfeiting and piracy like corruption, destroys fair competition and livelihoods, deprives the Treasury of revenue, stifles innovation and leads to unemployment. It is...a serious contemporary problem having adverse economic effects on genuine trade.

WIPO Development Agenda - Recommendation 45 To approach IP enforcement, in line with Article 7 (Objectives) of TRIPS = to ensure a balance in the IP system, taking into account the needs and interests of all countries, developed and developing, and all stakeholders Equilibrium between private rights – to encourage creativity and innovation, and the public interest – to access knowledge in the interest of sustainable development

THANK YOU CONTACT DETAILS: Contact Details Amanda Lotheringen