4th Global Congress: Combating Counterfeiting and Piracy Dubai

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4th Global Congress Combating Counterfeiting and
PiracyDubai 3 February 2008

• An Urgent Need to Better Respond to the Global
  Problem of Counterfeiting and Piracy
• The EU Answer
• Luc P. DevigneHead of Intellectual Property
  and Public ProcurementDirectorate General for
  Trade

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Outline

• Enforcement in third countries The IPR
  Enforcement Strategy
• Bilateral cooperation
• Multilateral cooperation
• Technical assistance
• Cooperation with the private sector

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A Growing Problem

• International physical trade (only) of
  counterfeits valued at 200 billion/year by the
  OECD report of 2007
• 130m counterfeit articles seized at EU border in
  2006 (from 75m in 2005)
• Growth in seizures of dangerous
  fakes.Counterfeit medicines (from 0.5m in 2005
  2.7m in 2006) but also foodstuffs (1.2m) toys
  (2.6m), cosmetics, etc.
• 80 of all fakes come from China.
• Economical, social, political issue. EU priority
  for its citizens, business and leaders.

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The Enforcement Strategy

• Guidelines for EU action on the promotion of IPR
  enforcement around the world.
• Identification of priorities China, Russia,
  Turkey, Ukraine, Chile, Korea, ASEAN and
  Mercosur.
• Strong emphasis on cooperation and dialogue
• BUT EU will not tolerate large scale
  infringements of IPR.

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Bilateral Cooperation

• Bilateral Dialogues with key trading partners.
  China, Russia, Ukraine, Chile, Mexico and others
  to address specific problems
• Important role of EU Delegations/Embassies/Chamber
  s of Commerce Expanding network of IPR experts
  in Beijing, Moscow, Kiev and Bangkok.
• Result oriented discussion
• With competent enforcement authorities
• Participation of Industry
• Joint conclusions, to allow progress assessment

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Bilateral Cooperation

• With Countries sharing EU concerns
• EU-US Action Strategy
• Customs cooperation
• Diplomatic network in third countries
• Coordination of technical assistance
• Promotion of joint actions between EU and US
  right-holders
• Support to business (help-desks for SMEs, trade
  fairs)
• EU-Japan IP Cooperation

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Bilateral Cooperation

• Free Trade Agreements
• Strengthening IPR enforcement in FTAs
• Sharing the experience of the EU
• 2004 Enforcement Directive
• 2003 Customs Regulation
• Future Directive harmonising criminal sanctions

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Multilateral Cooperation

• ACTA Anti-Counterfeiting Trade Agreement.
• improved legislation
• adoption of best practices
• cooperation between enforcement authorities.
• WTO strengthening enforcement in TRIPs Council.
• G8 Heiligendamm 2007.
• OECD Ongoing study on economic impact of IPR
  infringements.

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Technical Assistance

• Multi-year IPR programmes inChina, ASEAN,
  Central Europe
• Training programs, seminars, preparation of laws,
  capacity building
• Increased focus on IPR enforcement

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Cooperation with Private Sector

• Support to right-holders (particularly SMEs)
• IPR Help-desk
• IPR Guidebook
• Consultation of industry to reassess priorities.
• Enforcement Survey covering over 40 countries
• Participation in IPR Dialogues with third
  countries
• Cooperation with EU Customs

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Conclusion

• IP will remain an EU top priority.
• EU ready to cooperate with willing partners.
• Some progress recorded through Dialogues
  (legislative improvements cases resolved).
• IPR enforcement inadequate in several countries.
• Cooperation to be supported by alternative trade
  actions.

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• Thank you !
• More information
• http//ec.europa.eu/trade/issues/sectoral/intell_p
  roperty/index_en.htm