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WIPO, Geneva, September 17, 2012.

The Use of Trademarks on the internet: Addressing the issue of on-line counterfeiting within the EU. WIPO, Geneva, September 17, 2012. Jean Bergevin. Head of Unit “Fight against counterfeiting and piracy”. DG Internal Market and Services. European Commission. Overview. The problem.

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WIPO, Geneva, September 17, 2012.

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  1. The Use of Trademarks on the internet: Addressing the issue of on-line counterfeiting within the EU. WIPO, Geneva, September 17, 2012. Jean Bergevin.Head of Unit “Fight against counterfeiting and piracy”.DG Internal Market and Services.European Commission.

  2. Overview. • The problem. • The solution: enhance "due diligence". • The MoU against on-line sales of counterfeit products. • Looking forward.

  3. The problem. • Internet is a marvellous tool to reduce market entry barriers within the EU. • However, illicit or fraudulent traders can also use it to rapidly offer counterfeit products directly to consumers. • Relevant EU acquis consists of e-commerce directive (2000/31/EC) and IPRED (2004/48/EC). • Intra-EU effective cross-border civil enforcement is still in its infancy even if counterfeiting is primarily a cross-border activity.

  4. The solution. • Do not alter the existing liability/safe harbour regime found in the E-Commerce directive. • Instead, encourage due diligence throughout the supply chain and information sharing between rights-holders and intermediaries.

  5. The response: Structured dialogues and MoUs. • On the basis of the harmonised legal basis of IPRED, the Commission has sought to encourage agreements between intermediaries and rights-holders to fight against counterfeiting. • Cooperation is better than litigation. • MoU of 4 May 2011 against sale of counterfeit goods on the internet is the first pilot. • Involves internet sales platforms and brands.

  6. MoU to fight Online Sale of Counterfeits • Signatories (meet on quarterly basis) • 4 Internet Platforms • 14 companies • 15 trade associations • Scope • Non-original physical goods manufactured without consent of the rights owner which infringe IPR, pursuant to applicable Member State or EU law • Topics covered • General principles • Notice and Take-Down procedures • Pro-active and Preventive measures • Cooperation and information sharing • Consumer confidence • Repeat infringers

  7. Future steps. • Evaluation report of the MoU later this year. • Considering launching similar dialogues to achieve MoUs between rights-holders and: • (i) advertisers • (ii) payment service providers. • Interested in developing these MoUs at international level.

  8. Thanks for your attention! jean.bergevin@ec.europa.eu http://ec.europa.eu/internal_market/iprenforcement/index_en.htm

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