World Intellectual Property Organization

WIPO IP Enforcement News: January - March 2007

I. SELECTED WIPO ACTIVITIES

THIRD GLOBAL CONGRESS ON COMBATING COUNTERFEITING AND PIRACY, GENEVA, JANUARY 30-31, 2007

Over 1,000 delegates from 105 countries gathered at the Third Global Congress on Combating Counterfeiting and Piracy convened by WIPO, the International Criminal Police Organization (Interpol) and the World Customs Organization (WCO), with the support and cooperation of the Global Business Leaders Alliance Against Counterfeiting (GBLAAC), the International Trademark Association (INTA), the International Chamber of Commerce (ICC), and the International Security Management Association (ISMA). Under the banner “Shared Challenges - Common Goals”, discussions focused on the Congress’ four priority areas, namely (1) Raising Awareness; (2) Improving Cooperation and Coordination; (3) Building Capacity; and (4) Promoting Better Legislation and Enforcement. The Congress also featured a special session on health and safety risks associated with counterfeiting and piracy. For further reference, the convening organizations have compiled the suggestions extending from the debates in each of those areas.

Full information on the Congress agenda, the presentations and the suggestions is available at http://www.wipo.int/enforcement/en/global_congress/

 

ENFORCEMENT WORKSHOPS AND TRAINING COURSES

In the first quarter of 2007, in line with respective requests from its Member States and partner organizations, WIPO organized, or participated in, the following workshops and training courses focusing on the enforcement of intellectual property rights:

  • Morocco:
    1. WIPO national seminars on industrial property for judges and attorneys, respectively, organized in cooperation with the Moroccan Ministry of Justice and the Moroccan Intellectual Property Office (OMPIC), Casablanca, March 1 and 2, 2007;
    2. WIPO national seminar on IP and border measures in connection with the fight against counterfeiting, organized in cooperation with the Moroccan Intellectual Property Office (OMPIC), Casablanca, March 5-6, 2007;
  • Azerbaijan : World Customs Organization (WCO) International Conference on combating counterfeit medicines, organized in cooperation with WIPO and the World Health Organization (WHO), Baku, February 8-9, 2007, see http://events.wcoomd.org/iprbaku2007abouttheconference.htm;
  • Germany: Anti-counterfeiting workshop for representatives of the Mediterranean countries, Berlin, February 8-9, 2007, organized by Euromed Audiovisual. More information available at http://www.euromedaudiovisuel.net/newsdetail.aspx?lang=en&treeID=74&documentID=7468;
  • Romania: Seminar on fighting piracy and counterfeiting, organized by the Technical Assistance Information Exchange Instrument (TAIEX) of the European Commission, in co-operation with the Bucharest Chamber of Commerce and Industry, Bucharest, March 5, 2007.

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

 

WIPO ENFORCEMENT WEBSITE: NEW PORTAL TO MEMBER STATES’ ONLINE ENFORCEMENT INFORMATION

WIPO has launched a new portal on its enforcement website which links to Member States’ websites on IP enforcement-related issues. Member States are invited to submit to the International Bureau any additional relevant information. See http://www.wipo.int/enforcement/en/member_states.html

 

WIPO OUTREACH GUIDES

WIPO has published a set of web-based outreach guides which offer a structure for planning IP-related outreach campaigns in three areas. One of these focuses on combating counterfeiting and piracy; see http://www.wipo.int/ip-outreach/en/guides/examples/ip_respect/index.html

 

ANNOUNCEMENT : NEW WIPO ENFORCEMENT PUBLICATION AVAILABLE IN THE SECOND QUARTER OF 2007

Prepared by Mrs. Marie-Françoise Marais, Conseiller at the Cour de Cassation (France), and Mr. Thibault Lachacinski, attorney-at-law, this new WIPO publication, currently in the pre-printing phase, will analyse representative intellectual property cases adjudicated in France, with some references to decisions rendered in other countries in the droit romain tradition. The case book, which will be published in the French language, will guide through selected court decisions in the different areas of intellectual property law, with an emphasis on matters that typically arise in civil and criminal proceedings in that context. Completion of the case book will be announced on the WIPO Enforcement website.

 

II. LINKS

BRAZIL: ANTI-PIRACY WEBSITES

The Ministry of Justice of Brazil offers a special website on the fight against piracy in Brazil, at http://www.mj.gov.br/combatepirataria. Moreover, anti-piracy information is made available by the industry association Fórum Nacional Contra a Pirataria e a Ilegalidade (FNCP) at http://www.forumcontrapirataria.org/2007/index.htm (both in Portuguese).

 

COLOMBIA : NEW LEGISLATION ON BORDER MEASURES AGAINST COUNTERFEIT AND PIRATED GOODS

Decree 4540 on the protection of IP rights through border measures, issued by the government of Colombia on December 22, 2006, sets new standards on customs intervention in relation to the importation, exportation and transition of goods suspected of being counterfeit or pirated. The text of the decree is available (in Spanish) at http://www.cecolda.org.co/images/documentos/decreto%20medidas%20en%20frontera.doc

 

EU: PARLIAMENT COMMITTEE VOTE ON CRIMINAL SANCTIONS AGAINST PIRACY AND COUNTERFEITING

On March 19, 2007, the Committee on Legal Affairs of the European Parliament adopted a report on the European Commission proposal of a draft Directive dealing with criminal sanctions for the infringement of intellectual property rights (2005/0127/COD). The proposed directive would oblige all EU Member States to consider as a criminal offense intentional infringements of intellectual property rights carried out on a commercial scale, and provides for minimum levels of the upper limits of sanctions. The parliament report introduces some amendments. For instance, the scope of the proposed directive is limited to certain intellectual property rights, hence excluding patents. Moreover, a number of definitions aim to clarify the concepts of "commercial scale" and "intentional infringements". The next step in the legislative process will be a vote in the April plenary session.

See press release by the European Parliament at http://www.europarl.europa.eu/news/expert/infopress_page/057-4356-078-03-12-909-20070319IPR04284-19-03-2007-2007-false/default_en.htm.

The draft Directive is available at http://eur-lex.europa.eu/LexUriServ/site/en/com/2005/com2005_0276en01.pdf;

for the parliament report see http://www.europarl.europa.eu/meetdocs/2004_2009/documents/pr/633/633866/633866en.pdf

 

FRANCE (I): IP BORDER ENFORCEMENT IN 2006

On March 20, 2007, the French customs directorate released its 2006 report. The fight against counterfeiting is identified as one of the permanent priority areas, reflected in a 13% increase in seizures of counterfeit goods in the year 2006, as compared to 2005. The report further provides information on origin and destination of the seized goods, their nature, as well as on the kind of control undertaken by customs in that context. The report is available at http://www.douane.gouv.fr/data/file/4494.pdf

 

FRANCE (II): ANTI-PIRACY AWARENESS CAMPAIGN

 On March 4, 2007, the Ministry of Economy, Finance and Industry, in cooperation with the national Anticounterfeiting Committee (Cnac) and the national IP Office (INPI), launched a public anti-counterfeiting awareness campaign. Building on a similar initiative in 2006, the new campaign includes a set of TV spots and a specific website entitled " contrefaçon non-merci". For more information see http://www.inpi.fr/front/content/ART_929_25.php; the anti-counterfeiting website is available at http://www.non-merci.com/.

 

GERMANY (I): NEW E-COMMERCE LEGISLATION

As of March 1, 2007, the new Telemediengesetz (TMG) is in force. It introduces disclosure of information on users’ identities by service providers, inter alia if "necessary for the enforcement of an intellectual property right". The explanatory report of the draft law refers, in that context, to the respective obligations under the IP Enforcement Directive (2004/48/EC). The TMG also formulates new standards concerning transparency of electronic communication, for instance as regards the origin of an email, or its commercial nature. The text of the TMG is available (in German) at http://bundesrecht.juris.de/bundesrecht/tmg/gesamt.pdf

 

GERMANY (II): GOVERNMENT PROPOSAL FOR NEW LEGISLATION ON INTELLECTUAL PROPERTY ENFORCEMENT

 

On January 24, 2007, the German government adopted a proposal to implement the IP Enforcement Directive (2004/48/EC). The draft law with explanatory remarks is available online (in German) at https://ssl.bmj.de/files/-/1727/RegE%20Durchsetzungsrichtlinie.pdf

 

JAPAN: POLICE ACTION AGAINST COUNTERFEITING AND PIRACY IN 2006

 

The National Police Agency made available, on February 20, 2007, an overview of the work of the Japanese police against counterfeiting and piracy in 2006. The overview is available at http://www.npa.go.jp/safetylife/seikan36/20070308.pdf

 

NEW ZEALAND: REVIEW OF CRIMINAL REGIME IN THE FIELD OF INTELLECTUAL PROPERTY

The Ministry of Economic Development launched a project to assess the effectiveness of criminal enforcement of intellectual property rights, and how it may be improved. Information on suggested options, including with a view to the role of the National Enforcement Unit, is made available online, see http://www.med.govt.nz/templates/ContentTopicSummary____24679.aspx

 

SWITZERLAND: "STOP PIRACY" INITIATIVE

"STOP PIRACY," the public awareness campaign by the Swiss Anti-Counterfeiting and Piracy Platform was launched on January 16, 2007. For more information see http://www.stop-piracy.ch/en/news/n10.shtm

 

US: GUIDE ON PROTECTION OF SUPPLY CHAINS AGAINST COUNTERFEIT AND PIRATED GOODS

On January 24, 2007, the Coalition against Counterfeiting and Piracy (CAPP), a business coalition led by the US Chamber of Commerce, released a "No trade in fakes supply chain tool kit". The tool kit aims to raise awareness among businesses on supply chain security, and provides guidance for improving performance in that respect. It includes a set of best practices as well as seven case studies. The tool kit is available at http://www.thecacp.com/NR/rdonlyres/ekj5ugvm77u346ckgltwkgehlhsbdxloq3cix25ayxvsu7ydraxj3jgdoqp2nifjhev3qzapqgwgpqduepeeymgxn4h/FinalSupplyChainToolKit1%2e5%2e07.pdf

 

WORLD HEALTH ORGANIZATION (WHO): ANTI-COUNTERFEITING TECHNOLOGIES MEETING

In the framework of International Medical Products Anti-Counterfeiting Taskforce (IMPACT), WHO and its partners held a first meeting to discuss technologies that could be used for deterrence and detection of counterfeit medicines. The meeting was held on March 13, 2007, in Prague, see http://www.who.int/medicines/services/counterfeit/impact/IMPACT_AntiCountMeet.pdf

For more information on the IMPACT project, of which WIPO is a partner organization, see http://www.who.int/medicines/services/counterfeit/en/

 

ORGANIZATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT (OECD): PRELIMINARY FINDINGS OF STUDY ON COUNTERFEITING AND PIRACY

On the occasion of the Third Global Congress on Combating Counterfeiting and Piracy on January 30-31, 2007 in Geneva, OECD presented the preliminary findings of its current study "Counting the Costs: the Economic Impacts of Counterfeiting and Piracy". The preliminary findings, addressing (I) trends and developments, (II) the effects of counterfeiting and piracy, (III) the magnitude of counterfeiting and piracy, and (VI) policies and programs, are available online at http://www.oecd.org/dataoecd/12/7/38015608.pdf. For more background information on the study see http://www.oecd.org/sti/counterfeiting

 

BUSINESS ACTION TO STOP COUNTERFEITING AND PIRACY (BASCAP): GLOBAL SURVEY ON COUNTERFEITING AND PIRACY

On January 29, 2007, BASCAP, an initiative of the International Chamber of Commerce (ICC), published the findings of its industry survey, aiming to evaluate corporate perceptions of IP enforcement internationally. The findings, based on the replies of 48 companies, are available at

http://www.iccwbo.org/uploadedFiles/BASCAP/Pages/BASCAP%20Survey_%20Final%20Report_29%20January07.pdf

 

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