World Intellectual Property Organization

WIPO IP Enforcement News: January - March 2005

I. SELECTED WIPO ACTIVITIES

WIPO TRAINING ACTIVITIES

During the first quarter of 2005, WIPO continued to respond to requests from its Member States concerning training and information sessions in the various areas related to IP enforcement. These activities included:

• Jordan : WIPO National Seminar on Intellectual Property for the Princess Sumaya University of Technology (PSUT), Amman, January 11-12, 2005, documents available at http://www.wipo.int/meetings/en/details.jsp?meeting_id=7383;

• India : WIPO National Seminar on the Promotion, Protection and Enforcement of IP Rights, New Delhi, February 17-18, 2005.

COOPERATION WITH THE EUROPEAN COMMISSION

In the framework of WIPO’s ongoing cooperation with the European Commission, DG Enlargement, under the TAIEX program, WIPO assisted in a two-day Seminar on the Enforcement of Intellectual Property Rights, held in Ljubljana, Slovenia, on March 15-16, 2005. Participants included legal practitioners, members from the judiciary and the customs authorities, as well as representatives from various industry sectors. The program featured presentations on the dynamic legal developments in the different areas related to IP enforcement, both at the international and the national level. In addition, practical experience with effective enforcement was presented from different perspectives. A practical case study allowed participants to examine existing enforcement mechanisms, and to identify relevant steps to be taken.

The presentations, as well as the program of the session, have been made available on the website of the Slovenian Intellectual Property Office (SIPO), see

http://www.uil-sipo.si/Sem_Taiex.pdf

COOPERATION WITH THE WORLD CUSTOMS ORGANIZATION (WCO): ADOPTION OF REVISED MODEL PROVISIONS

In a meeting on February 16-17, 2005, the WCO Enforcement Committee approved and adopted a revised version of model provisions, entitled WCO Model provisions for national legislation to implement fair and effective border measures consistent with the TRIPS Agreement. The revised text incorporates suggestions and comments that, following a request by WCO, had been provided by WIPO.

The final version of the text is available at http://www.wcoipr.org/wcoipr/gfx/ModelLawfinal.doc

COOPERATION WITH THE INTERNATIONAL CHAMBER OF COMMERCE (ICC): MEETING OF THE “BUSINESS ACTION TO STOP COUNTERFEITING AND PIRACY (BASCAP)”

On March 9, WIPO participated in a meeting of the BASCAP initiative at the ICC headquarters in Paris. The meeting was co-chaired by the Secretary General of ICC and the Chair of the ICC Task Force on Enforcement and attended by three IGOs, 17 trade associations, five ICC national committees and 26 companies. For further information, see

http://www.iccwbo.org/home/news_archives/2005/BASCAP_03.asp

COOPERATION WITH THE INTERNATIONAL BAR ASSOCIATION (IBA):
SURVEY OF SPECIALIZED IP COURTS PUBLISHED

On March 15, 2005, IBA published the final version of its survey of specialized intellectual property courts and tribunals, examining the use of specialized bodies to adjudicate IP disputes in 85 countries around the globe. The final version incorporates a set of comments and information submitted by WIPO earlier this year.

The final report is available online at

http://www.ibanet.org/images/downloads/International_IP_Survey_February_2005.pdf;

press release at

http://www.ibanet.org/iba/article.cfm?article=44

ANNOUNCEMENT: WCO/INTERPOL REGIONAL ANTI-COUNTERFEITING FORUM, 
BRAZIL, JUNE 13-14, 2005

WCO and Interpol plan to organize, in cooperation with the Government of Brazil and WIPO and with the support of a number of non-governmental organizations, a Regional Anti-Counterfeiting Forum in the framework of activities agreed upon following the First Global Congress on Combating Counterfeiting held in Brussels in 2004. The Forum is scheduled to take place on June 13 and 14, 2005, in Rio de Janeiro. The draft program is under preparation.

Information on the Second Global Congress on Combating Counterfeiting, planned to be held in the last quarter of 2005, will be published in the next newsletter.

II. LINKS

RUSSIA: RECOMMENDATIONS TO DEVELOP NATIONWIDE ANTI-COUTNERFEITING PROGRAM

The State Duma Committee on Civil, Criminal, Arbitrary and Procedural Legislation approved, on January 20, 2005, a set of detailed recommendations entitled On civil and criminal mechanisms to protect the consumer market against counterfeit products. The text recommends action at various levels, including a number of legislative amendments, measures to strengthen coherent judicial practice, and the involvement of right holders and consumers associations.

The text of the recommendations is available on the website of the Coalition for Intellectual Property Rights (CIPR), see

http://www.cipr.org/activities/initiatives/duma_hearings_nov04/docs/Recommendations_Eng.doc

SWITZERLAND – SURVEY OF SWISS COMPANIES ON COUNTERFEITING AND PIRACY

The Swiss Federal Institute of Intellectual Property has published a survey, entitled Counterfeiting and piracy. An appraisal of the current situation in Switzerland. Launched in the spring 2004, the survey aims to assess the extent to which Swiss companies are affected by counterfeiting and piracy, both at national and international levels, and to identify areas where enforcement measures could be further developed.

For the English and French versions of the report, see

http://www.ige.ch/E/jurinfo/documents/j10711e.pdf

http://www.ige.ch/F/jurinfo/documents/j10711f.pdf

EUROPEAN UNION (EU): UPDATE OF SEIZURE STATISTICS RELATED TO PIRATED AND COUNTERFEIT GOODS

In February 2005, the European Commission's Taxation and Customs Union Directorate-General has published the Community-wide statistics for 2004 (quarters 1-3), showing a continuing increase in the amount of counterfeit and pirated articles seized at the EU's external borders. The Commission expresses particular concern with a view to consumer health and safety, based on a significant increase in the number of seizures of food products and medicines, as well as children’s games and toys.

See

http://europa.eu.int/comm/taxation_customs/customs/customs_controls/counterfeit_piracy/statstics/index_en.htm

WORLD CUSTOMS ORGANIZATION (WCO): GUIDELINES RELATED TO IP INFRINGEMENTS IN FREE ZONES

Based on information provided by WCO business partners, WCO initiated, in 2004, a survey among its members and business partners which aimed at assessing the nature and extent of IP rights infringements in free zones. Reflecting the outcome of this survey, the WCO Enforcement Committee issued, on January 12, 2005, guidelines aimed at assisting customs administrations that wish to improve or review their control over goods infringing IP rights in free zones.

See http://www.wcoipr.org/wcoipr/gfx/freezones2005.doc

CENTRE D’ÉTUDES INTERNATIONALES DE LA PROPIÉTÉ INTELLECTUELLE (CEIPI): STUDY ON THE IMPACT OF COUNTERFEITINTG AND PIRACY IN EUROPE

CEIPI, a department of the Université Robert Schuman in Strasbourg, France, has undertaken a study examining the current situation of counterfeiting and piracy in Europe, with a view to include the various industry sectors concerned. As an annex, the study produces an overview of criminal sanctions that are available in European countries in cases of counterfeiting and piracy.

The study is available online (in French only) at

http://www.europa.eu.int/comm/justice_home/doc_centre/crime/studies/study_ceipi_counterfeiting_fr.pdf

INTERNATIONAL CHAMBER OF COMMERCE (ICC): PUBLICATION OF (I) SURVEY ON IMPACT OF COUNTERFEIT GOODS TO BUSINESS, AND (II) 2005 IP ROADMAP

On February 15, 2005, the results of a survey on counterfeit products and theft of intellectual property, conducted by ICC and the Ifo Economic Research Institute, Munich, were released. The survey reflects responses from over 1,000 economists, and identifies counterfeiting and theft of intellectual property among the most pressing problems for business today.

See press release at

http://www.iccwbo.org/home/news_archives/2005/WES_counterfeiting.asp

In addition, ICC has issued, on March 22, 2005, its annual publication which aims at identifying current and emerging intellectual property issues from the business perspective. In the preface, effective enforcement of IP rights ranges among one of the two areas of major business concerns. In addition to issues related to counterfeiting and piracy, critical enforcement problems are seen in the area of jurisdiction and applicable law in IP infringement disputes.

See http://www.iccwbo.org/home/news_archives/2005/IP_Roadmap.asp

INTERNATIONAL FEDERATION OF THE PHONGRAPHIC INDUSTRY (IFPI) : DIGITAL MUSIC REPORT 2005

In January 2005, IFPI published a report highlighting current trends and challenges in the field of digital music business. The document confirms an evolving legitimate online music market in 2004, based on both a significantly increased digitized music repertoire made available by record companies, and effective anti-piracy enforcement.

For more details see http://www.ifpi.org/site-content/press/20050119.html

INTERNATIONAL ANTI-COUNTERFEITING COALITION (IACC): WHITE PAPER ON NEGATIVE CONSEQUENCES OF INTELLECTUAL PROPERTY THEFT

In January 2005, IACC published a report entitled The negative consequences of international intellectual property theft: economic harm, threats to the public health, safety, and links to organized crime and terrorist organizations, providing a number of recent examples in the respective fields.

The paper is available online at http://www.iacc.org/WhitePaper.pdf

CENTRE NATIONAL DE LA CINÉMATOGRAPHIE CNC (FRANCE) - DOCUMENTATION OF MOVIE PIRACY ON THE INTERNET

In October 2004, CNC published a study which assesses the kind and extent of “pirate” movie services that are available on the Internet. An earlier study, made available in May 2004, examines motivations and practices of users and is based on interviews with people using illegal movie downloading and P2P services.

Both studies are available online (in French only), see

http://www.cnc.fr/a_presen/r4/offrepirate.pdf (summary)

http://www.cnc.fr/a_presen/r4/pirateriemotivprat.pdf

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