1. Measuring Counterfeiting and Piracy Cancun, 1 – 3 December 2009 Piotr Stryszowski Structural Policy Division Directorate for Science, Technology and Industry OECD The views expressed are those of the author in his private capacity and do not necessarily represent those of the OECD or its Member governments.

2. The OECD Project Economic Impact of Counterfeiting and Piracy Phase 1: Counterfeit and pirated products Tangible products that infringe trademarks, copyrights, patents or design rights. Report published in May 2008 Quantitative update published in November 2009 Phase 2: Digital piracy Digitally transmitted pirated products (i.e., piracy not involving hard media). Report published in June 2009 Phase 3: Other IPR infringements Yet to be scoped and funded.

3. Measurement Measurement needs rigorous methodologies Magnitude – issue of measurement unit (volume, value, number of seizures) Effects – on employment, profits, growth, etc. Data is hard to find activities are illicit and clandestine existing data is sparse, incomplete and inconsistent So far measurement of counterfeiting and piracy is a data driven exercise (not methodology based)

4. OECD Project of counterfeiting an piracy Phase 1: Counterfeit and pirated products Tangible products that infringe trademarks, copyrights, patents or design rights Co-operation with governments, business (e.g. BASCAP), civil society and international institutions, (WCO, WIPO, Interpol, at global and regional level ) Surveys undertaken (governments, industry, customs authorities with the assistance of the World Customs Organisation, WCO) Methodology developed to assess the magnitude of the problem in international trade, principally using statistics on customs seizures Global scale All industries (HS categories)

5. Magnitude of the problem Customs data T.R.I.C. matrix Trade data Absolute figure Indices products, economies

6. Magnitude of the problem (index) Seizures of imported counterfeit and pirated products from the top 20 source economies

7. Magnitude of the problem (index) Seizure Rate of Goods by Harmonised System Chapters

8. Magnitude of the problem (absolute number) Up to US$ 200 billion of international trade could have been in counterfeit or pirated products in 2005 The figure does not include –domestically produced and consumed products –non-tangible pirated digital products If added, the figure could be several hundred billion dollars higher Earlier figure of 5-7% of world trade lacks rigorous foundation and could not be confirmed or disproved

9. Magnitude of the problem T.R.I.C. matrix NEW Trade data 2000-2007 Absolute figure Indices products, economies Update of quantitative Phase I results (November 2009) Trade data 2000-2007

10. Magnitude of the problem (absolute number) Trade in counterfeit and pirated goods grew steadily over the period 2000 – 2007 It could amount to up to USD 250 billion in 2007

11. Magnitude of the problem (absolute number) The share of counterfeit and pirated goods in world trade is also estimated to have increased from 1.85% in 2000 to 1.95% in 2007. These figures do not include domestically produced and consumed products, or non-tangible pirated digital products.

12. Improving data collection This study has highlighted just how poor data really is. Governments and industry can help by maximizing the value of data by ensuring that it is –systematically collected –comparable –Comprehensive The reporting framework developed by the World Customs Organization (WCO) offers a useful template by other law enforcement agencies and industry Many cited estimates of the scope and magnitude (and especially impact) of counterfeiting and piracy appear to be guesswork.

13. Piotr Stryszowski Directorate for Science, Technology and Industry for further information >>> Contact us OECD 2, rue André-Pascal 75775 Paris CEDEX 16 France Email: Piotr.Stryszowski@oecd.org Phone: (+33) 1 4524 9130 Fax: (+33) 1 4430 6257 Website: www.oecd.org/sti/counterfeiting