World Intellectual Property Organization

WIPO IP Enforcement News: August - December 2006

I. SELECTED WIPO ACTIVITIES

THIRD GLOBAL CONGRESS ON COMBATING COUNTERFEITING AND PIRACY, JANUARY 30-31, 2007: OPEN FOR REGISTRATION

The Global Congress has become a key international forum for shaping strategies
vis-à-vis the challenges posed by worldwide trade in counterfeit and pirated
products. The Third Global Congress, hosted by WIPO at the Geneva International Conference Center, aims to build on the process that began in 2004, and will bring together top government and private sector representatives to pool their experience and to enhance international cooperation. Early registration is recommended, as attendance will be limited to allow for maximum interaction among participants. The Congress is co-convened by WIPO, the World Customs Organization (WCO) and Interpol, in cooperation with the International Trademark Association (INTA), the International Chamber of Commerce (ICC), the International Security Management Association (ISMA) and the Global Business Leaders Alliance Against Counterfeiting (GBLAAC). 

For further information and registration see the congress website at http://www.ccapcongress.net/.


WIPO ENFORCEMENT WORKSHOPS AND TRAINING COURSES

In line with the many requests from Member States, the second half of 2006 saw another busy series of WIPO workshops and training courses focusing on the enforcement of intellectual property rights. Once more, many of those events were organized in close co-operation with WIPO Member States and partner organizations of WIPO.

Mongolia :

  • WIPO National Seminar on the Enforcement of Intellectual Property Rights for customs officials, Ulaanbaatar, August 30, 2006;
Pakistan :
  • WIPO National Workshop on the Enforcement of Intellectual Property Rights, Islamabad, September 12 - 15, 2006;
Mali :
  • WIPO National Seminar for Judges on Copyright and Related Rights, Bamako, September 18-20, 2006;

Ecuador :

  • WIPO National Seminar for Judges on the Enforcement of IPRs, Quito, September 21–22, 2006;
Japan :
  • WIPO/Japan Patent Office (JPO) Training Course on the Enforcement of Intellectual Property Rights, Tokyo, Japan, October 10 - 20, 2006;
Senegal :
  • WCO/Interpol/WIPO/World Health Organization (WHO) National Seminar on the Fight against Counterfeiting and Piracy, Dakar, November 8-10, 2006;

Switzerland/Germany:

  • Third WIPO Colloquium for Romanian Judges, organized in cooperation with the European Patent Academy and the Swiss Federal Institute of Intellectual Property, Geneva/ Berne/Munich, November 8 - 17, 2006;

Germany:

  • European Patent Office (EPO) IP Enforcement Week, supported by WIPO, the European Commission, the German Federal Patent Court and the Academy of European Law (ERA), Munich, November 13-17, 2006, program available at http://academy.epo.org/schedule/2006/jc01/index.en.php;

United Arab Emirates:

Niger:

  • WIPO/ Organisation Africaine de la Propriété Industrielle (OAPI) Sub-regional Workshop on the Enforcement of Intellectual Property Rights, at the attention of magistrates and lawyers from French-speaking African countries, Niamey, November 27-30, 2006;

Algeria:

  • WIPO Seminar on Border Measures against Counterfeit Goods, Oran, December 2 and 3, 2006;

China:

  • WIPO High-Level Roundtable on the Enforcement of IP Rights, Bejing, December 11, 2006; 

Jordan:

  • IP Week 2006: Regional Anti-Counterfeiting Forum, organized jointly by WIPO, the Jordan Intellectual Property Association (JIPA) and the Association for the Protection of Industrial Property in the Arab World (APPIMAF), Amman, December 11 and 12, 2006; for more information see http://www.jipa.jo/. 

A regular update on WIPO's training and awareness-raising activities in the field of IP enforcement is made available on the WIPO Enforcement website.

  

COOPERATION WITH THE WORLD HEALTH ORGANIZATION (WHO): FIRST MEETING OF THE INTERNATIONAL MEDICAL PRODUCTS ANTI-COUNTERFEITING TASKFORCE (IMPACT)

Following the launching of IMPACT in February 2006, the taskforce held its first official meeting on November 15-16, 2006, in Bonn, Germany. Led by WHO in cooperation with more than 20 international partners, including WIPO, IMPACT aims to help national authorities protect the public from counterfeit medicines. At the opening, WHO and its partners unveiled a program covering legislation, law enforcement, regulation, technology and communication. The taskforce also produced an update on estimates concerning counterfeit medicines. For more information see http://www.who.int/medicines/services/counterfeit/en/.

 

COOPERATION WITH THE GROUP OF G-8 COUNTRIES

The combat against piracy and counterfeiting was for the first time included in the political agenda of the G8 Summit at Gleneagles in July 2005. On this occasion, G-8 countries agreed on a statement on IPR piracy and counterfeiting, referring, inter alia, to the work of WIPO and other international organizations in this field (see http://www.fco.gov.uk/Files/kfile/PostG8_Gleneagles_CounterfeitingandPiracy.pdf ). This process was continued at the 2006 Summit, under the Russian presidency, where G8 Member States formulated a number of concrete measures to be taken (see declaration at http://en.g8russia.ru/docs/15.html ). For the preparation and implementation of the Summit declarations in the field of IP enforcement, an IPR Expert Group was established and WIPO was invited to participate in each of the Group’s meetings, mainly to give advice on technical assistance projects to be developed under the auspices of the G8. Under the forthcoming German presidency in 2007, the protection of innovations against product and trademark piracy is once more identified as one of the focus areas on the agenda; for more information see http://www.g-8.de/Webs/G8/EN/Homepage/home.html.

   

II. LINKS

ALGERIA: COLLOQUIUM ON COUNTERFEITING

The World Trade Center Algeria will organize, on January 15 and 16, 2007, a colloquium on counterfeiting, bringing together representatives of local and international businesses, as well as of international organizations. An exhibition of counterfeit products will also be held. The program of the colloquium and more information on this initiative by the World Trade Center Algeria is available at http://www.wtcalgeria.com/

  

APEC MINISTERIAL MEETING : JOINT STATEMENT

At the 18 th APEC Ministerial Meeting, held in Hanoi, Vietnam, on November 15-16, 2006, APEC Member States issued a Joint Statement which, inter alia, addresses the enforcement of intellectual property rights. In the statement, Ministers reaffirm their support of the APEC Anti-Counterfeiting and Piracy Initiative, and endorse two new sets of Model Guidelines, addressing secure supply chains against counterfeit and pirated goods as well as effective public awareness campaigns. Other IP enforcement-related issues in the statement concern the   use of legal software and other copyright material by central government agencies, as well as the further development of information sharing channels to strengthen IPR border enforcement. The text of the Joint Statement is available at
http://www.apecsec.org.sg/apec/ministerial_statements/annual_ministerial/2006_18th_apec_ministerial.html

 

EU (I): INTELLECTUAL PROPERTY ENFORCEMENT SURVEY 2006

In October 2006, the European Commission (DG Trade) published the findings of its Enforcement Survey 2006. Based on responses by right holders, associations, EU Delegations and Embassies of EU Member States, the survey aims to assess the current state of intellectual property infringements outside the European Union, as well as the available enforcement mechanisms. The survey and related information is available at
http://ec.europa.eu/trade/issues/sectoral/intell_property/survey2006_en.htm

  

EU (II): EUROPEAN COURT OF JUSTICE (ECJ) RULINGS ON JURISDICTION IN CROSS-BORDER PATENT LITIGATION

In July 2006, the ECJ issued two long-awaited decisions addressing international jurisdiction in cross-border patent litigation. Both cases sought clarification of certain provisions of the EEC Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters 1968 (“ Brussels Convention”), each of them in context with attempts to avoid the need to litigate related issues separately in different Member States. In GAT v LuK (C-4/03), the application of Art. 22 (4) of the Brussels Convention, reserving exclusive jurisdiction regarding patent validity to the courts of the country where the patent is registered, to cases where invalidity was raised as an incidental question, was at matter. The Roche v Primus decision (C-539/03) addresses the scope of application of Art. 6 (1) of the Brussels Convention, allowing to sue several defendants in the state of domicile of any of them, in patent infringement cases. Both decisions are available online, see

Gat v LUK at
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62003J0004:EN:HTML;

Roche v Primus at
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62003J0539:EN:HTML .

  

JAPAN: CAMPAIGN AGAINST COUNTERFEITING AND PIRACY

During December 2006, the Japan Patent Office is running a one-month campaign which aims at communicating problems related to counterfeiting and piracy to the public. The initiative includes TV spots, posters in stations and airports, as well as online advertisements and articles in airline magazines. There also is a special website (in Japanese), at http://www.kawanai.com/.

  

UK: REVIEW OF THE NATIONAL INTELLECTUAL PROPERTY SYSTEM

Commissioned by the UK government, this review of the UK intellectual property system, conducted by Andrew Gowers, was published on December 6, 2006. The review aims to assess whether the current national intellectual property framework was to be considered adequate in an era of globalization, digitization and increasing economic specialization. It identifies three principle areas where improvement is recommended, the first of which addresses the effective enforcement of intellectual property rights. The full report and related documentation is available at http://www.hmtreasury.gov.uk/independent_reviews/gowers_review_intellectual_property/gowersreview_index.cfm

  

US: REPORT ON COORDINATION OF IP ENFORCEMENT

The report, issued by the National IP Law Enforcement Coordination Council in September 2006, draws a detailed picture of the various US authorities involved in the enforcement of intellectual property rights. It describes the role and activities of each of those, and identifies recent achievements as well as priorities for action in the forthcoming year. The report is available at
http://www.iccwbo.org/uploadedFiles/2006%20IP%20report.pdf

  

WTO TRIPS COUNCIL : JOINT COMMUNICATION ON THE ENFORCEMENT OF IP RIGHTS BY THE EUROPEAN COMMUNITIES, JAPAN, SWITZERLAND AND THE UNITED STATES

The above communication, addressing intellectual property enforcement at the agenda of the TRIPS Council, was circulated for the Council’s October 2006 meeting. It is available as WTO document IP/C/W/485, see http://www.wto.org/english/tratop_e/trips_e/intel6_e.htm.

  

INTERPOL: IP CRIME ACTION GROUP (IIPCAG) NEWSLETTER

IIPCAG offers a newsletter, focusing on the work of the police against counterfeiting and piracy activities. It also reports on Interpol’s anticounterfeiting activities, such as the Operation Jupiter - South America which aims to coordinate and facilitate enforcement action against transnational crime. The first volume of the newsletter (Winter 2006) is available online at
http://www.interpol.org/Public/FinancialCrime/IntellectualProperty/Publications/IIPCAGNewsletter01.pdf

  

BUSINESS ACTION TO STOP COUNTERFEITING AND PIRACY (BASCAP): 2006 MID-YEAR REPORT

BASCAP, a business initiative organized by the International Chamber of Commerce (ICC), made available, in October 2006, an analysis of the information provided on the BASCAP Counterfeit & Piracy Intelligence Report web portal over the first half of 2006. The report, inter alia, finds an important role of the Internet as a distribution channel for counterfeit and pirated goods. It also describes a number of crimes increasingly linked to counterfeit and piracy activity, and identifies the most affected brands. The report is available at
http://www.goldsec.com/PR/06-10-24-2.htm . For the BASCAP Intelligence Reports see http://www.bascap.com/

  

INTERNATIONAL FEDERATION OF THE PHONOGRAPHIC INDUSTRY (IFPI): PIRACY REPORT 2006

The latest annual IFPI music piracy report is available online at
http://www.ifpi.org/content/library/piracy-report2006.pdf

  

INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS (UPOV) ENFORCEMENT WORKSHOP

From November 15-17, 2006, UPOV, in cooperation with the Ministry of Agriculture, Forestry and Fisheries of Japan, organized a first workshop on the enforcement of plant breeders’ rights under the UPOV Convention; for more information see
http://www.upov.int/en/news/2006/enforcement_06_inf_1.pdf.

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