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AASA Brand Protection Council August 14, 2007 Detroit, MI.

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Presentation on theme: "AASA Brand Protection Council August 14, 2007 Detroit, MI."— Presentation transcript:

1 AASA Brand Protection Council August 14, 2007 Detroit, MI

2 Agenda Introductions Review Antitrust Guidelines European Aftermarket Forum Update China Aftermarket Forum Update Government Affairs Update Alibaba, craigslist.com Violator Database; Next Steps Panel Presentations and Q&A –Bendix –ABRO Brand Protection Council Awards Global Anti-Counterfeiting Alliance AAPEX Open Forum BPC Recruitment

3 AASA/MEMA Brand Protection Initiative “To support members’ global efforts to prevent, detect and prosecute intellectual property offenses against their products and brands”. “Provide the means for collective industry action against counterfeiting, sharing market intelligence and best practices, media and education campaigns and gaining increased enforcement by all relevant law enforcement agencies”.

4 European Aftermarket Forum Update EAF now CLEPA Aftermarket Forum (CAF) Vesdo Project Update -Deploying barcode technology -Establishment of a central clearing hub (TecCom) allowing for easy authentication through standard scanners or mobile phones -TRW is pilot testing; further update at CAF June 05 in Brussels -If approved, deployment to begin September, 2007 -BPWG -Will be maintained as an expert group within CLEPA legal working group; updates during quarterly CAF meetings -Block Exemption Regulation -Current BER expires 2009; Renewal for 2010 a certainty; CLEPA working group developing recommendations for enhancements to protect IAM -Right to Repair -FIGIEFA asking for $3M USD for four year lobbying campaign

5 CLEPA Brand Protection-counterfeiting Vesdo presentation Clear idea on the cost Sept meeting, the pilot companies will present their first results and feedback Agreement to announce that we create with the Vesdo/teccom protocol the standard for Aftermarket Request is made to Josef to push through Clepa our OEM colleagues to move from Aftermarket standard to an Automotive standard with this solution Fee of the hub and mostly maintenance annual fee has been assessed as too high, this needs better insight of what is included in it. Need clarification on the different language that the soft can use ( Russian, Chinese, Turkish…)

6 AASA CAF Members Affinia ArvinMeritor BWD Automotive ContiTech Cummins Danaher Delphi DuPont Dura Eagle Picher Eaton Febi Bilstein Federal Mogul Gates Goodyear Haldex Honeywell Lord Corp. Mann + Hummel Philips Electronics Prestolite Qualitor Robert Bosch Saint-Gobain Sekurit Siemens VDO SKF Snap-on Tenneco TI TRW UCI Valeo Visteon WAI/Transpo ZF

7 AASA CAF Initiatives Proposal for Global Automotive Anti- Counterfeiting Alliance

8 Global Alliance Benchmark Automotive Industry is not sufficiently organized to effectively compete with other Industries such as –Motion Picture Industry (MPA) –Phonographic Industry (IFPI) –Software Industry (BSA) –Pharmaceutical Industry (PHARMA) Despite the fact that auto parts are a public health and safety concern, enforcement authorities spend more efforts for these industries than for the automotive industry.

9 Why Now? In most countries in Asia, the above Copyright Industry Associations dominate –the public dialogue regarding counterfeiting –law enforcement agenda They have now also started to dominate the agenda setting with the Chinese government. Enforcement results for the Auto Industry in China are going to get considerably worse - unless we act !!!

10 Current System Each company running own enforcement program with ad hoc cooperation between brand owners Investigations and enforcement usually outsourced Most cases involve many brand owners, usually service providers coordinate enforcement actions

11 Current Limitations Governments do not wish to be seen to support just one company, one country or one region. –However, they are willing to listen to a global industry perspective, in particular if this also extends to the local industry Criminal law enforcement agencies in many countries will not take cases unless ALL brand owners involved commit to support the case. –These agencies will focus on industries which have organized themselves and will ignore those which have failed to do so.

12 Proposed Solution Global Automotive Brand Owners Anti- Counterfeiting Alliance (“Automotive Alliance”) To be effective the Alliance has to be Global in nature, i.e. it has to be perceived as representing the industry as a whole, without any national or regional limitations.

13 Representation of Industry as a Whole Being global in nature will allow the Alliance to advance its agenda independent from wider geo political developments The Alliance will provide a competent and reliable point of contact for governments, law enforcement, media, etc. –In every key country, there will be dedicated resources, contact points, or hotline

14 Coordination of Local / Regional / International Cases Alliance coordinates all Investigations and Enforcement actions involving more than one Brand. Oversee service providers on behalf of the individual companies –Ensure quality of investigative work –Ensures that fees charged are appropriate. Every case will be analyzed from an International perspective to identify the global networks the counterfeiters are operating Disaster regions, i.e. regions in which counterfeiting is of particular eminence will be identified. –Specific programs will be established to address the particular situation in each disaster region. –These all encompassing programs will be tailor made to address the specific problems in each region. –They will include investigations, as well as aspects of enforcement, education, public policy, public relations, government lobbying, etc

15 Lobbying and Government Representation Lobbying on case related details, –Higher level enforcement –Ministerial level enforcement officials, –Local governments –Regional governments –National governments Lobbying on public policy debates to influence changes in policy –Intellectual Property laws –Law enforcement implementation rules and guidelines

16 Customs Training and Alerts Main Goal is to Focus Government resources onto the Automotive Industry instead of other industries. One Alliance official could be responsible for –Training, –Customs response –Product inspection services –Lobbying –Etc. The health and safety aspect of the automotive industry should provide us with a natural ranking on top of the priority list

17 Benefits Substantial Cost Savings Dramatically Better Results –Quantitatively numbers of seizures, prosecutions, and compensation will increase dramatically. –Qualitatively the information obtained in the course of the cases will allow us to strategically address the global networks and the organizers behind the scene. This in turn will eventually create a deterrent effect and will result in discouraging counterfeiters from the automotive industry as a whole. Increased Policy Influence

18 Structure SUPERVISORY BOARD: Consisting of representatives of all Alliance member companies CHAIRMAN: –Manages the Alliance on behalf of the Supervisory board. –Represents the Alliance towards government, public, etc. (In the long term this position should be a full time Alliance employee, but for the start up stage the function shall be performed by a representative elected from within Supervisory board members) VICE CHAIRMEN (x numbers) : –Assist the Chairman in representing the Alliance toward governments, public, etc. (lobbying, marketing) (This function shall be performed by a number of representatives elected from within the Supervisory board) ENFORCEMENT MANAGER(S): –Coordinating all Alliance investigations –Supervising Alliance raid actions and conducting post raid follow-up (particular the second element will result in drastic cost reductions). –Contact point for customs seizures and responsible for customs training Full time position(s) reporting to the Alliance Chairman.

19 Global Automotive Anti-Counterfeiting Alliance Do we need one? If so, how should it be organized? How will it be funded? Should we initiate a more modest first step? Where do we go from here?

20 Next BPC Meeting December 12, 2007 Westin Detroit Metro Airport


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