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IPR ENFORCEMENT CONFERENCE 2016
Follow the money approach to IPR infringements and IPRED review Brussels, June #IPRECONF
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Opening Speech by Elżbieta Bieńkowska Commissioner of Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs
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Voluntary cooperation agreements in the field of IPR enforcement: MoU on the online sale of counterfeit goods
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Speech by Julia Reda (MEP)
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Coffee Break
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Keynote Speech by Danny Marti (US IPEC)
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MoU on online advertising and IPR (panel discussion) Peter Szyszko, White Bullet Carlo D'Asaro Biondo, Google Mark Lichtenhein, Chairman, SROC Jon Chase, EACA
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Lunch Break
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MoU on payment service providers and IPR (panel discussion) Christian Chmiel, Webshield Peter Bayley, Visa Europe
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MoU on shipping companies and IPR (panel discussion) Meena Sayal, Unilever Laurent Audaz, MSC Kees Wagenaar, Expeditors Keith Vaughan, UPS
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Panel Discussion on Protection and integrity of supply chains Iolanda D’Amato, SDA Professor of Operation and Technology Management Zeeger Vink, Intellectual Property Director, Maus Frères International Services Joerg Hofstetter, Assistant Professor of Logistics Management, University of St.Gallen Laurent Zibell, Policy Advisor, IndustriAll
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Illegitimate trade and counterfeiting risk in supply chains Iolanda D’Amato, MBA, Ph.D. SDA Professor of Operations & Technology Management 21/06/2016
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LISC - Legitimate-Illegitimate Supply Chain Model
and
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The LISC Model: Super-families
The 32 possible paths have been categorized in the following 12 families and 6 super-families according to their main characteristics and codified rules
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The LISC Model: Super-families
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The LISC Model: Super-families
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Pearson Correlations between ill
Pearson Correlations between ill.trade phenomena (frequency of occurrence) All types of illegitimate trade have at least three significant positive correlations with the others Pure Infiltrat. Grey trade Overruns Retail Shop-lift. Pearson Correlation 1 0,171° 0,245* 0,041 0,322*** -0,039 Sig. (2-tailed) 0,080 0,011 0,677 0,001 0,689 0,174° 0,454*** 0,541*** 0,181° 0,075 0,000 0,063 0,306*** 0,256** 0,219* 0,008 0,024 0,474*** 0,184° 0,059 0,282** 0,003 °p-value<0,1; *p-value<0,05; **p-value<0,01; *** p-value<0,001
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Countering Strategies
Increase costs for counterfeiting Protect the legitimate supply chain, avoiding infiltrations and grey market/ product diversions Reduce demand for counterfeits
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Trade union role in IPR enforcement strategies
Enforcement of IPR conference - DG GROW 21 June 2016 Dr. Laurent Zibell, PhD, Policy adviser, industriAll Europe
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Trade unions in manufacturing have a strong interest in having all economic actors complying with regulation trust is an essential component of any market ("Lemons" by Akerlof, 1972) health & safety of consumer - and of the professional user social & environmental regulations fair competition with appropriate reward for contributors to the common good
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Trade unions in manufacturing support strong market surveillance
Non-compliance = unfair competition and downward pressure on price, salaries and working conditions In line with the agenda of any honest economic actor
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Trade unions in manufacturing have a strong interest in the prevention of counterfeiting
Traced, authentic products constitute a reliable liability link between product and producer => Counterfeiting: escape one's responsibility as producer Counterfeiting = double source of illegitimate profit: lower costs by non-compliance, higher prices by parasitic behaviour on efforts made by others Illegal activity: locus of the worst working conditions
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Trade unions in manufacturing are concerned by the conjunction of legal infringements
Frequently, simultaneous infringements to all 3 categories of laws: social rights of workers environmental regulation protecting common goods (climate, water, air, public health…) Intellectual Property Rights of innovators and creators
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Trade unions in manufacturing are well-placed to contribute in the prevention of illicit behaviour
Only players that simultaneously are: Permanently present on the premises Technically competent Independent from management Direct interest in: good labour conditions good environmental conditions when health impact Indirect but real interest in: good environmental practices IPR compliance
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Trade unions in origin or destination countries can participate in prevention and detection
Partners in the responsible management of supply chains (good practices: legally-binding Bangladesh Accord on fire & building safety of 2013; evaluation tool for CSR risk being jointly developed by the social partners in the Textile & Clothing sector) Possible “whistle-blower” role for good-faith workers with appropriate protection (EESC opinion INT 731 “Industrial products”, June 2014)
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Trade unions need support to perform their part in this common task
Supportive legal frameworks in the EU: increase legal validity of collective agreements increase recognition of trade unions as negotiation partners => more relevance, more members, better representativeness, more responsibility Institutional support outside the EU: capacity-building legally-binding, enforceable chapters in trade agreements => level playing field
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Trade unions and industry can and should unite against fraudsters
Different means, different positions, on many issues but Common goals for a socially, economically and environmentally sustainable manufacturing in Europe Common interests to prevent infringements to: labour environmental IPR regulation.
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Thank you for your attention !
Dr. Laurent Zibell, PhD, Policy Adviser industriAll European Trade Union +32 (0)
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Closing Speech Slawomir Tokarski Director for Directorate F – Advanced Manufacturing and Innovation (DG GROW)
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