World Intellectual Property Organization

WIPO ENFORCEMENT NEWSLETTER: July 2010

I. Selected WIPO Activities

UPCOMING EVENTS:

Sixth Session of the Advisory Committee on Enforcement (ACE): The next session of the ACE will be held in Geneva on December 1-2, 2010. This meeting will address the work program agreed by the Committee at the fifth session (paragraphs of document WIPO/ACE/5/11), as follows:

'Developing on the substantive study contained in WIPO/ACE/5/6, analyze and discuss Intellectual Property Rights (IPRs) infringements in all its complexities by asking the Secretariat to undertake:

  1. A literature review of methodologies and gaps in the existing studies;
  2. Identification of different types of infractions and motivations for IPR infringements, taking into account social, economic and technological variables and different levels of development;
  3. Targeted studies with an aim to developing analytical methodologies that measure the social, economic and commercial impact of counterfeiting and piracy on societies taking into account the diversity of economic and social realities, as well as different stages of development; and
  4. Analysis of various efforts, alternate models and other possible options from a socio-economic welfare perspective to address the counterfeiting and piracy
    challenges'.

The working documents for the Sixth Session of the ACE can be found at: http://www.wipo.int/meetings/en/topic.jsp?group_id=142

Sixth Global Congress on Combating Counterfeiting and Piracy: WIPO and the Institute National de la Propriete Industrielle of France (INPI) are pleased to announce the 6th Global Congress on Combating Counterfeiting and Piracy to be held in Paris, France, 2-3, February, 2011. The Congress will take place at the ‘’City of Sciences and Industry’’, in conjunction with the international exhibition on counterfeiting and piracy. For information on the Global Congress initiative, as well as on the agenda, reservation and logistics, please consult: www.ccapcongress.net/

WIPO IP ENFORCEMENT TRAINING AND POLICY CONSULTATIONS

In response to requests from Member States and partner organizations, WIPO continued to organize, or assist in, a series of national and regional workshops, training courses, conferences and consultations on intellectual property enforcement, namely:

  • WIPO: Study Visit of the Brazilian Members of the Judiciary, Geneva, July, 21, 2010;
  • WIPO: Summer Course on Intellectual Property, Geneva, July 14, 2010;
  • Cambodia: Asia-Pacific Regional Workshop on the Disposal of Goods, in cooperation with the USPTO; Siem Reap, Cambodia, July 12-14, 2010;
  • WIPO: Global Congress Steering Group Meeting, July,7-8, 2010;
  • WIPO/WTO: Colloquium for Teachers of Intellectual Property in Geneva on July 7, 2010.
  • WIPO: Study Visit from a Delegation of High-Level Officials from the Lao People’s Democratic Republic, Geneva, July 1, 2010;
  • Geneva: Knowledge Ecology International (KEI) Workshop on the Anti-Counterfeiting Trade Agreement (ACTA), June, 28, 2010;
  • Central America: Sub-regional Workshop for High-Ranking Customs Officials on Enforcement of Intellectual Property Rights and Border Measures, San José, Costa Rica, June 22-24, 2010;
  • Bangladesh: Workshop on the Enforcement of IPRs for Law Enforcement Officials; and Colloquium for Judges on the Enforcement of IPRs, organized under the EC WIPO Project for the Modernization of the IP System in Bangladesh in cooperation with the Department of Patents, Designs and Trademarks, Dhaka, June 20-22, 2010;
  • Azerbaijan: Regional Workshop on Enforcement of Industrial Property Rights, Baku, June 15-16, 2010;
  • WIPO: Study Visit of a Delegation from Tajikistan, Geneva, June 7, 2010;
  • WIPO: Study Visit from Chinese Delegation, Geneva, June 4, 2010;
  • Côte d’Ivoire: Séminaire national de formation en matière de droit de PI à l’intention des magistrats et journée de formation des auxiliaires de justice, Abidjan, May 26-28, 2010
  • France: Global Congress Steering Group Meeting, Paris, May 25, 2010;
  • France: 15th European Forum on IP, organized by Union des Fabricants (UNIFAB), Paris, April 13-14, 2010.
  • WIPO: Meeting with the International Publishers Association (IPA), Geneva, April, 12, 2010;
  • WIPO: Study Visit of High Level Officials for the Sultanate of Oman, Geneva, March 11, 2010;
  • Tanzania: Workshop on IPR Enforcement: Combating Health and Safety Counterfeit Products in the East African Community, organized and funded by the US Government, Dar es Salaam, March 10-12, 2010;
  • France: Global Congress Steering Group Meeting, Paris, March, 1-2, 2010;
  • Congo: Séminaire sous-régional sur l’impact économique et social des atteintes aux droits de la propriété intellectuelle à l’intention des administrations publiques et des opérateurs économiques, Brazzaville, January 12-14, 2010.

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 at http://www.wipo.int/enforcement/en/activities/

COOPERATION WITH INTERGOVERNMENTAL AND NON–GOVERNMENTAL ORGANIZATIONS

COOPERATION WITH THE UNITED NATIONS ECONOMIC AND SOCIAL COUNCIL (UNECE): FOURTH MEETING OF THE TEAM OF SPECIALISTS ON INTELLECTUAL PROPERTY

WIPO participated in annual meeting of the Team of Specialists on Intellectual Property (TOS-IP) held in Geneva, on July 8-9, 2010. Experts representing government agencies, academic institutions and business community from 25 UNECE Member States discussed substantive issues related to the protection and enforcement of intellectual property rights. For more information, consult: http://www.unece.org/ceci/documents/2010/ip/session4tosip10.html

COOPERATION WITH THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION (UNESCO): WORLD ANTI-PIRACY OBSERVATORY

WIPO participated in an advisory capacity in the 14th ordinary session of the Intergovernmental Copyright Committee of the Universal Copyright Convention, held in Paris, from June 7 to 9, 2010. The Committee devoted sessions discussing issues related to the enforcement of copyright and related rights, based on the paper “Piracy: current trends and non-legislative measures to counteract it” and the new World Anti-Piracy Observatory launched by UNESCO. For more information and for access to the Observatory, consult:
http://portal.unesco.org/culture/en/ev.php-URL_ID=39055&URL_DO=DO_TOPIC&URL_SECTION=201.html

COOPERATION WITH THE WORLD CUSTOMS ORGANIZATION (WCO): COUNTERFEITING & PIRACY (CAP) GROUP

WIPO has continued its cooperation with the WCO. On March 2-5, 2010, WIPO participated in the 29th Session of the WCO Enforcement Committee; and, on May 25, 2010, took part in the Second Meeting of the Counterfeiting and Piracy Group (CAP) established on October, 2009, aimed to provide a platform for its members to exchange views and discuss experiences on IPRs border enforcement. More information available at:
http://www.wcoomd.org/home_hsoverviewboxes_valelearningoncustomsvaluation_commitstructenforcemnt.htm

IPR BUSINESS PARTNERSHIP MEETINGS

In line with its mandate, WIPO has continued its cooperation with the private sector in training and awareness raising programs, and exchange of information. On February 5, 2010, and July 8, 2010, WIPO participated, as observer, in the IPR Business Partnership meetings held in Amsterdam and Geneva, respectively. The objectives of the IPR Business Partnership are to cooperate with intergovernmental and non-governmental organizations in the enforcement of IP rights; engaging in policy debates at the national, regional and international levels. More information can be found at: http://www.iprbusiness.org/iprbp/Activities.htm

II. LINKS

CHILE: ADOPTION OF NEW LEGISLATION

On April, 23, 2010, in the framework of the World Book and Copyright Day, the President of Chile promulgated the reforms of the Intellectual Property Law. The new legislation provides a set of new sanctions and procedures, including new type of crimes and the rise of penalties, seeking to reinforce the protection of copyright and related rights. In addition, the reforms include inter alia limitations on the responsibility of Internet service providers as well as limitations and exceptions on copyright and related rights. A press release as well as the new law can be access (in Spanish), respectively, through the following links:
http://www.gobiernodechile.cl/destacados/2010/04/23/presidente-pinera-promulgo-reforma-a-la-ley-de-propiedad-intelectual.htm

http://www.leychile.cl/Navegar?idNorma=1012827&buscar=20435

EU: ONLINE COPYRIGHT ENFORCEMENT

On February 3, 2010, the DG Internal Market and Services of the European Commission released a study on Online Copyright Enforcement and Data Protection in Selected EU Member States, namely Austria, Belgium, France, Germany, Spain and Sweden. The study -prepared by external experts- is available online at: http://ec.europa.eu/internal_market/iprenforcement/docs/study-online-enforcement_en.pdf

EU: REPORT ON THE CUSTOMS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 2009

The European Commission released the 2009 Report containing statics on action by customs within the EU relating to the fight against counterfeiting and piracy. The report is based on the data transmitted by the EU Member States, and contains information about detentions made under customs procedures, including description and quantities of goods, their provenance, the means of transport, and the type of intellectual property rights that has been infringe, among other issues. The Report is available at:
http://ec.europa.eu/taxation_customs/resources/documents/customs/customs_controls/counterfeit_piracy/statistics/statistics_2009.pdf

MEXICO: EX OFFICIO PROSECUTION OF COPYRIGHT CRIMES IN MEXICO

As of June, 29, 2010, copyright crimes in Mexico are now prosecuted ex officio due to
the amendment of article 429 of the Federal Penal Code -with certain exceptions contained in articles 424-II and 427 of such Code. The imprisonment terms can go from 3 months up to 10 years plus monetary fines, depending of the type of offense. The text with the reforms can be found (in Spanish) at: http://www.indautor.sep.gob.mx:7038/documentos_normas/codigopenalL.pdf

SPAIN: NEW PROCEDURE FOR ENFORCING INTELECTUAL PROPERTY ON INTERNET

On January 8, 2010, the Ministry of Culture announced a project for the establishment of a mixed administrative and judicial procedure to protect intellectual property over the Internet, including the creation of an Intellectual Property Commission which would have the power to remove illegal contents from Internet as well as to block the access to infringing websites, after sanctioned by a judge. More information available (in Spanish) at:
http://www.mcu.es/gabineteprensa/downloadFile.do?path=/HTTPD/deploy/pedpas/datos/NotasPrensa/notas/19212010//procedimiento_propiedad_intelectual_internet.pdf

UK: MODIFICATION OF CUSTOMS RULES ON THE SEIZURE AND DESTRUCTION OF GOODS INFRINGING IP RIGHTS

On March 10, 2010, the Goods Infringing Intellectual Property Rights (Customs) (Amendment) Regulations 2010, that modifies the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004, entered into force. The purpose of the modification is to align the legal instrument with the Council Regulation 1383/2003. The context, expected impact, and other details concerning the legal reform can be found at:
http://www.opsi.gov.uk/si/si2010/uksi_20100324_en_1

US: 2010 JOINT STRATEGIC PLAN

On June, 23, 2010, the new Office of the U.S. Intellectual Property Enforcement Coordinator (IPEC), aimed at coordinating the work of the federal government agencies involved in the enforcement of IP rights in the United States, launched the 2010 Joint Strategic Plan on Intellectual Property Enforcement. The Plan contains, among other issues, strategy action items, enforcement missions of the agencies, and an update of their activities. The Plan is available at:
http://www.whitehouse.gov/sites/default/files/omb/assets/intellectualproperty/intellectualproperty_strategic_plan.pdf

US: A STUDY ON QUANTIFYING THE ECONOMIC EFFECTS OF COUNTERFEITING AND PIRACY

On April 12, 2010, the United States Government Accountability Office issued a report to the relevant US Congressional Committees on “Observations on Efforts to Quantify the Economic Effects of Counterfeit and Pirated Goods”. Said report intends to provide information of the impacts of counterfeit and pirated goods, examining existing research and identifying insights gained from efforts to quantify the effects of counterfeiting and piracy on the U.S. economy. The report can be found at: http://www.gao.gov/new.items/d10423.pdf

INTERPOL: ANTI-COUNTERFEITING PROGRAMME TO SUPPORT OPERATIONS ACROSS WESTERN AND NORTHERN AFRICA

From May 20 to 25, 2010, INTERPOL and the Senegal Police co-hosted a capacity building program attended by representatives from police, customs, other governments’ officials, and the private sector, from 28 African countries. The key outcome of the event was support for a series of coordinated multi-agency operations targeting counterfeiters to be carried out across western and Northern Africa. For more information, consult:
http://www.interpol.int/Public/ICPO/PressReleases/PR2010/PR039.asp

UNESCO/CERLALC: ON-LINE INFORMATION REGARDING THE FIGHT AGAINST PIRACY IN LATIN AMERICA

The Regional Center for the Promotion of Books in Latin America and the Caribbean, CERLALC, makes available on-line information regarding the fight against piracy in Latin America. CERLACLC’S web site provides data on various enforcement related issues such as the level of penalties applied for piracy in different countries, information regarding strategies, partnerships, and campaigns in place. For more information (in Spanish), consult:
http://www.luchacontralapirateria.com/index.php?option=com_content&view=article&id=43:paises&catid=47:diagnostico&Itemid=54

WORLD CUSTOMS ORGANIZATION (WCO): IPR REPORT 2009

The WCO has published its 2009 Customs and IPR Report intended to identify trends and to provide customs enforcement units with relevant analysis and usable data. The Report pointed out a rising trend of counterfeit products seized from sectors such as pharmaceutical, transport spare parts and high-technology. An extract of the Report is available at:
http://www.wcoomd.org/files/1.%20Public%20files/PDFandDocuments/Reports/Extract_IPRReport2009.pdf

ANTI-COUNTERFEITING TRADE AGREEMENT (ACTA) NEGOTIATIONS: AGREED PRESS RELEASE

On June, 28, 2010, the negotiating parties of the ACTA released a Report on the 9th Round of Negotiations held from June, 28, 2010 to July, 1, 2010, in Lucerne, Switzerland. The Report is available at the European Commission’s Directorate-General for Trade web site:
http://trade.ec.europa.eu/doclib/press/index.cfm?id=588&serie=352&langId=en

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