Japan’s Perspective on Combating Counterfeiting and Piracy Third Global Congress on Combating Counterfeiting and Piracy Hisamitsu Arai January 30, 2007 IP Analyst (Former Secretary General of IP Strategy Headquarters)

2 Fakes are a Serious Social Problem Industrial Society Knowledge Society  Environmental Measures  Anti-Counterfeit Measures

3 Threat to Safety Fake Drugs Fake Batteries Fake FoodsFake Parts MILK Serious Threat to Safety and Human Health

4 Origin of Counterfeits Direct Route Indirect Route Source: “Customs’ Battle Against Counterfeiting and Piracy to Protect Intellectual Property” European Commission World Counterfeit Trafficking Route

5 1. Border Measures Law Revisions to Strengthen Customs Function  Prohibition of Export  Sample Inspection  Exporter / Importer Information Disclosure a. Legislative Measures  Strengthen Control of De-minimis Imports  Strengthen Inspection of EMS parcels b. Administrative Measures - Measures Taken by GOJ -

6 2. Domestic Measures  Toughen Criminal Penalty for IP Infringement  Increase Law Enforcement Officials for IPR Infringement Cases  Self-Imposed Guidelines of Internet Auction Providers a. Legislative Measures b. Administrative Measures - Measures Taken by GOJ -

7 3. International Measures  “Draft Treaty on Non-Proliferation of Counterfeits and Pirated Goods”  Officials in Charge of IP in All Embassies  Investigation System on IP Practice by Foreign Countries  Capacity Building Strategy a. Legislative Measures b. Administrative Measures - Measures Taken by GOJ -

8 Chronology of New Treaty Proposal Gleneagles G8 Summit (July 2005) Heiligendamm G8 Summit (June 2007) St. Petersburg G8 Summit (July 2006) Japan Proposed the Necessity of New Treaty Necessity of Study on New Legal Framework Recognized Bilateral and Plurilateral Talks in Progress

9 Necessity of New Treaty  No Single Country Can Prevent Counterfeit and Piracy  Ensure Effective Counter Measures Against Spread Out of Fakes  Strong Legal Framework Needed

10 Basic Concept of New Treaty Manufacturing Stage Consumption Stage Distribution Stage Forfeiture or Destruction of Manufacturing Equipments etc. Prohibition of exportation and transshipment Consumer Education and Awareness Raising

Coordinated actions are necessary Thank You!