WIPO Building Respect for IP Newsletter: December 2013

I. Selected WIPO activities

In the field of Building Respect for IP

In response to requests from member states and partner organizations, WIPO continued to organize, and/or participate in a series of national and regional workshops, training courses, conferences and consultations in the area of building respect for IP. Those events include the following:

A regular update on WIPO’s training and awareness-raising activities is available on the WIPO Building Respect for IP website. In addition, a detailed report on the conducted activities will be submitted to the ninth session of the Advisory Committee on Enforcement (ACE), taking place on March 3 to 5, 2014, in Geneva, Switzerland.

Awards Program

In the framework of WIPO’s support to member states, the WIPO Awards Program bestowed medals and trophies to 150 inventors and creators in 18 member states between July and December 2013.

II. Cooperation

  • India: WIPO participated in the International Conference on “Trade in Counterfeit, Pirated and Smuggled Goods – A Threat to National Security and Economy”, organized by the Federation of Indian Chambers of Commerce and Industry (FICCI) Committee Against Smuggling and Counterfeiting Activities Destroying the Economy (CASCADE), in cooperation with the ICC Business Action to Stop Counterfeiting and Piracy (BASCAP), New Delhi, India, September 19-20, 2013
  • India: WIPO participated in the International Conference on “Evolving Common Strategies to Combat Corruption and Crime”, organized by the Central Bureau of Investigation (CBI), New Delhi, November 11-13, 2013
  • France: WIPO participated at the meeting of the Intellectual Property and Private International Law Committee of the International Law Association (ILA), Paris, October 25-26, 2013

III. Links

Colombia: New law on enforcement measures of industrial property rights

On July 12, 2013, Colombia passed the new Law No. 1648 on enforcement measures of industrial property rights through civil proceedings.

Italy: New regulation on copyright enforcement

On December 12, 2013, the Italian Communication Authority (AGCOM) issued the Regulation on online copyright enforcement. The Regulation grants AGCOM administrative copyright enforcement powers and introduces into the Italian system a new notice and takedown procedure, which will be operated by AGCOM and will enter into force on March 31, 2014.

Philippines: New rules and regulations on the enforcement functions of the Intellectual Property Office of the Philippines (IPOPHL)

On September 9, 2013, the Republic Act No. 10372, entitled 'An Act Amending Certain Provisions of Republic Act No. 8293, Otherwise known as the ‘Intellectual Property Code of the Philippines', and for other purposes', was published. This Act amends the IP Code and aims to enhance the enforcement of IP rights, establishing an IPR Enforcement Office (IEO) under the IPOHL.

Russia: New measures against online video piracy; IP court

On July 2, 2013, the Federal law No. 187-FZ, on Amendments to Certain Legislative Acts of the Russian Federation Concerning the Protection of Intellectual Rights in Information and Telecommunication Networks was adopted to address the issue of intermediary liability. The amendments entered into force on August 1, 2013. On July 3, 2013, Russia’s Intellectual Property Court, which was established by the Federal Constitutional Law No. 4-FKZ of December 6, 2011 became operational.

Slovakia: Awareness raising campaign “You don't Fake – You don't Risk“

The Industrial Property Office of the Republic of Slovakia launched a Building Respect for IP awareness raising campaign targeting the youth, between the age of 10 and 15. The campaign "You don't fake – You don't risk" is available on an interactive website, consisting of video messages by well-known young Slovak artists addressing the target audience and explaining why they should not buy counterfeited and pirated goods.

Switzerland: Seizure of fake pharmaceutical drugs

The Swiss authorities announced the seizure of four crates of counterfeit pharmaceutical drugs, weighing over 400 kilograms, in October 2013, in Zurich Airport in transit between China and Egypt.

U.S. / China: Results of first joint intellectual property rights (IPR) enforcement operation

On July 31, 2013, the General Administration of Customs of the People’s Republic of China (GACC) and U.S. Customs and Border Protection announced the success of their first joint IPR enforcement operation with the seizure of over 243,000 counterfeit consumer electronics products, and an arrest by local law enforcement of a U.S. citizen.

Court of Justice of the European Union (CJEU): Ruling on questions of online cross border copyright infringement in Peter Pinckney v KDG Mediatech AG

On October 3, 2013, the CJEU ruled in Case C‑170/12, Peter Pinckney v KDG Mediatech AG, a reference from the French Cour de Cassation (Court of Cassation), stating that a court within whose jurisdiction a CD offered online is accessible may adjudicate on the infringement of a copyright protected in the member state within which it is situated. Its jurisdiction is, however, limited to the damage caused in that member state.

European Commission: Publication of the interactive consultation on the civil enforcement of intellectual property rights

On August 2, 2013, the European Commission published the synthesis of the interactive online consultation on the civil enforcement of intellectual property rights (efficiency of proceedings and accessibility of measures) that took place from November 30, 2012 to March 30, 2013. Full synthesis of this consultation.

EUROPOL and EUROJUST: Joint operation to dismantle international wine counterfeiting network

An international network involved in the forgery and smuggling of one of the most expensive French wine brands, Romanée-Conti, was dismantled through a multi-agency approach, Eurojust and Europol assisting judicial and law enforcement authorities in Cyprus, France, Italy, Germany and the Netherlands.

Office for Harmonization in the Internal Market (OHIM) and European Patent Office (EPO): Study on the Economic Contribution of IP

On September 30, 2013, OHIM and the EPO released a study on "Intellectual property rights intensive industries: contribution to economic performance and employment in the European Union". On November 25, 2013, OHIM also released its study on "European Citizen and Intellectual property: perception, awareness and behavior".

INTERPOL: Largest operation to date against pharmaceutical crime across Southern Africa

Operation Giboia, Interpol’s largest operation across Southern Africa, with more than 900 officers from Angola, Malawi, Swaziland, Tanzania and Zambia, resulted in the seizure of almost 100 tons of illicit and counterfeit medicines, with 181 suspects arrested or placed under investigation. Nine outlets unauthorized to sell medicines and two illegal clinics were closed.

WTO: Transition period extension for LDCs under TRIPS Article 66.1

Responding to Least developed countries (LDCs)’ special needs in intellectual property, the WTO Trade-Related Aspects of Intellectual Property Rights (TRIPS) Council has extended further the transition period to protect IP under the WTO TRIPS Agreement, until July 1, 2021, or when a particular country ceases to be in the least developed category if that happens before 2021.

IACC and TAOBAO marketplace sign an agreement to combat counterfeiting online

With the objective to combat counterfeiting online, on August 12, 2013, the International AntiCounterfeiting Coalition (IACC) and Taobao Marketplace (China’s largest consumer-to-consumer (C2C) online marketplace) signed a Memorandum of Understanding, creating a framework for collaboration to address sales of counterfeit goods online, as well as to assist law enforcement with follow-up investigations and offline enforcement.

Online media companies: Reducing financial incentives associated with infringement

voluntary deal, overseen by the US Interactive Advertising Bureau, committed Google, Microsoft, AOL, Yahoo!, Today, 24/7 Media, Adtegrity, Condé Nast and SpotXchange, to a set of best practices to address online infringement by reducing the flow of ad revenue to operators of sites engaged in significant piracy and counterfeiting.