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MEMA Brand Protection Council. March 5, 2009 Detroit, MI. Agenda. Welcome & Introductions – Cifranic & Kempski FBI Update – Charles Rankin Review Antitrust Guidelines – Arent Fox Legal Update – Arent Fox Government Affairs Update – Boland Quantifying IP Protection in the US – Cameron

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mema brand protection council

MEMA Brand Protection Council

March 5, 2009

Detroit, MI

agenda
Agenda
  • Welcome & Introductions – Cifranic & Kempski
  • FBI Update – Charles Rankin
  • Review Antitrust Guidelines – Arent Fox
  • Legal Update – Arent Fox
  • Government Affairs Update – Boland
  • Quantifying IP Protection in the US – Cameron
  • Lunch
  • N.A. Security Products Organization - Sherwood
  • Work Session: Identification Guidelines – Cifranic
  • Break – 15 minutes
  • Council Updates:
    • Special Report: Flow of Counterfeit Products
    • 2008 MEMA Brand Protection Award nominations
    • Mid America Truck Show
    • Future meetings
mema brand protection council1
MEMA Brand Protection Council
  • “To support members’ global efforts to prevent, detect and prosecute intellectual property offenses against their products and brands”.
  • “Provide the means for collective industry action against counterfeiting, sharing market intelligence and best practices, media and education campaigns and gaining increased enforcement by all relevant law enforcement agencies”.
legal update
Legal Update

Tony Lupo – Arent Fox

Sarah Bruno – Arent Fox

government affairs update brand protection council march 5 2009

Government Affairs UpdateBrand Protection CouncilMarch 5, 2009

Catherine Boland

Director, Government Relations

Motor and Equipment Manufacturers Association

mema washington d c office
MEMA Washington, D.C. Office
  • Six person office that develops legislative and regulatory strategies on issues impacting automotive and heavy duty suppliers
  • Resource for OESA, AASA, HDMA members
  • Government Affairs Committee that sets legislative priorities based on input from market segments
mema legislative summit
MEMA Legislative Summit

LEGISLATIVE SUMMIT

  • April 29-30, Hyatt Regency on Capitol Hill
  • Costs: $200 registration fee, $2000 exhibitor fee
  • Tom Donohue, US Chamber president, is keynote; will invite Henry Waxman to attend Thurs breakfast
  • Program committee call held 1/16 with several good suggestions on agenda and meeting materials
  • Economic data from CAR, “sustainability” document
  • MEMA, MSAs to continue push for registration, exhibitors
implementing the pro ip bill
Implementing the PRO-IP bill
  • Fiscal Year 2009 Omnibus Appropriations
    • Close to $9.4 million for dedicated FBI agents
      • Same localities of DOJ Computer Hacking and Intellectual Property (CHIP) units with no less than 26 agents assigned for this purpose
    • $3 million in grants for state and local training to combat IP crimes including counterfeiting and piracy
  • U.S. Chamber will be working to get funding in FY 2010 for state and local grants
    • Should this be a MEMA priority?
implementing the pro ip bill1
Implementing the PRO-IP bill
  • President Obama has not appointed the Intellectual Property Enforcement Coordinator, aka IP Czar
    • This is a Senate-confirmed post
  • Government Accountability Office (GAO) study on how the federal government can best protect the IP of manufacturers
    • GAO has not begun work on this study, but they will reach out to MEMA when they begin work on it
customs reauthorization trade enforcement
Customs Reauthorization & Trade Enforcement
  • In January, Rep. Charles Rangel and Rep. Sander Levin introduced the Trade Enforcement Act of 2009 (H.R. 496)
    • Title III of bill covers enforcement of IP laws at U.S. borders
      • Enforces U.S. Intellectual Property Rights (IPR). The bill creates a Director of IPR Enforcement and an IPR Enforcement advisory committee to advise on IPR enforcement issues; promotes the use of new technology to better fight intellectual property rights (IPR) infringement; creates a “watch list” for suspected bad actors; and prevents Customs from excusing fines assessed for illegal imports.
      • Increases Staffing, Resources, Training and Coordination. The bill authorizes the support, resources and training that Customs and Immigration and Customs Enforcement need and deserve to carry out their import safety and IPR enforcement responsibilities.
customs reauthorization trade enforcement1
Customs Reauthorization & Trade Enforcement
  • Senator Max Baucus, Chairman of the Senate Finance Committee, is planning to move Customs Reauthorization legislation in the coming months
  • Senator Debbie Stabenow of Michigan serves on the Finance Committee and is interested in being helpful to the supplier industry on counterfeiting
patent reform
Patent Reform
  • Earlier this week, Patent Reform legislation was introduced in both Houses of Congress
  • These bills are very similar to the legislation opposed by MEMA and other business groups last year
  • Issues of concern that remain
    • Apportionment of Damages
    • Inequitable Conduct
  • If you or your company is interested in this, have the appropriate member of your staff contact me
anti counterfeiting trade agreement
Anti-Counterfeiting Trade Agreement
  • In 2007, USTR announced that they had begun discussions with our trading partners engaged in discussions to negotiate an anti-counterfeiting trade agreement
  • Discussions include Canada, the European Union (with its 27 Member States), Japan, Korea, Mexico, New Zealand, and Switzerland
  • ACTA still being negotiated
  • Very few details available
discussion
Discussion

For more information contact

Catherine Boland

Director, Government Relations

202-312-9241 or cboland@mema.org

quantifying ip protection in the us
Quantifying IP Protection in the US
  • Requested by DOJ and other government agencies to place an updated value on lost revenues and expenditures to protect Intellectual Property
  • Current estimate by the FTC of $12B global and $3B US is in need of updating and validating
  • Article in Authentication News by Reconnaissance International states $16B global growing 9-10% annual
  • Need to update MEMA BPC Special Report on IP
  • Last BPC Work Session proposed a member survey
quantifying ip protection in the us1
Quantifying IP Protection in the US

Survey Results – 6 of 25 Member Companies Responding:

quantifying ip protection in the us2
Quantifying IP Protection in the US

Mathematical Update to 2004 FTC Estimates:

the north american security products organization

The North American Security Products Organization

A Security Assurance Standard for the Protection of

Security Components

Robert Sherwood, CPP

NASPO Chairman

VP Security Programs Management, Sekuworks LLC

naspo
NASPO
  • Concept proposed at a conference
  • First Board Meeting December 2002
  • Development of an industry standard completed September 2003
  • First audited companies certified January 2004
  • Recognized as an ANSI Accredited Standards Developer October 2004
  • ANSI/NASPO-SAv3.0P-2005 Declared by ANSI as an American National Standard on November, 2005 - Update January 2008
the need for naspo
The Need for NASPO
  • Fraud and terrorism has been enabled by the lack of a secure supply chain to restrict the availability of security materials and technologies.
  • No structure was available to recognize and certify organizations that met a specified level of security assurance.
  • Governmental agencies and private industry has recognized that this standard supports their efforts of enhanced security assurance.
  • One holistic recognized standard versus multiple narrowly defined standards.
naspo and current legislation
NASPO and Current Legislation
  • Sarbanes Oxley – Risk management requirements for publicly held companies
  • Bioterrorism Bill – Secure supply issues in pharmaceuticals and food
  • Real ID Act – Securing our identification documents
  • Consumer Privacy Act (GLB Act) – Securing personal information in the financial market
application of the ansi naspo standard
Application of the ANSI/NASPO Standard
  • Requirements in RFP’s and contracts
  • Compliance to legislative and industry regulations
  • Internal security practices
  • The control of purchased and sold security materials.
  • A set of “Best Practices” for organizations
  • Recognition of certified companies for market differentiation
risk management requirements
Risk Management Requirements
  • 3 - Levels :-
    • Class I - Very High Security
    • Class II - Medium-High Security
    • Class III - Basic Security
  • Management Objectives (Security Culture)
    • Avoids Weakness of Checklist Approach
  • 9 Areas of Risk
    • Each Area has Own Objective
  • Risk Reduction Infrastructure, Systems Procedures
    • Based on a Consensus of Best Practice
risk management objectives
Risk Management Objectives
  • Class I – To prevent all unwanted disclosure of information of potential strategic value to Criminals and Terrorists criminals and terrorists and to fully mitigate the effects of fraudulent acts in the event that they occur.
  • Class II - To prevent unwanted disclosure of selected information of potential strategic value to Criminals and Terrorists criminals and terrorists and to mitigate the effects of fraudulent acts in the event that they occur.
  • Class III - To be aware of the need and act to avoid disclosure of selected information of potential strategic value to Criminals criminals and to act quickly to mitigate the effects of fraudulent acts in the event that they occur.
areas of risk
Areas of Risk
  • Customer Related
  • Information – Computer (IT) and Non Computer Based
  • Materials
  • Supply & Custody Chains
  • Physical Intrusion
  • Personnel
  • Disaster Recovery
  • Breaches of Security
  • Management
public disclosure standard
Public Disclosure Standard
  • Avoids helping bad guys.
  • Requirements re-stated as performance requirements.
  • Requirements say what not how to deliver security.
  • Elective requirements removed Class 1, II & III retained.
  • Certificates based solely on compliance with mandatories.
  • Perception of Very High Barriers should Deter Attempts to Defraud
risk reduction
Risk Reduction
  • Policies
  • Procedures
  • Infrastructure
  • Systems
certification
Certification
  • Openness (under NDA)
  • Qualification
  • Application/Class Determination
  • Readiness Review
  • Conformity Assessment (NASPO Audit)
  • Action Items
  • Certificate Award by NASPO Board
  • Annual Maintenance
naspo conformity assessment audit
NASPO Conformity Assessment (Audit)
  • Self evaluation prior to audit.
  • Non disclosure agreement with independent, trained auditor
  • Mutual classification determination
  • On-site audit verifying self audit to actual
  • Discrepancy rectification
  • Audit report to NASPO
  • Certification
conformity assessment process
Conformity Assessment Process
  • Vulnerability Assessment
    • Attractiveness of Product Portfolio to Thieves
    • Consequences of Getting Into Wrong Hands
    • History of Local Attack
  • Identification of Potential Risks
  • Identification of Actual Risks Being Taken
naspo asis connection
NASPO / ASIS Connection
  • Both Standards Development Organizations (SDO)
  • NASPO / ASIS Standards Complementary
    • NASPO Standard
      • Example: Requires employee background screening
    • ASIS Standards
      • Example: Guide to implementing a screening process
security assurance in the context of iso
Security Assurance in the Context of ISO
  • Technical Advisory Group (TAG) 247 established
    • “Fraud Countermeasures and Control”
  • ISO Secretariat for TC 247 has been awarded to ANSI.
  • ISO Secretariat and US TAG Administration will be supported by the North American Security Products Organization, NASPO
benefits of naspo
Benefits of NASPO
  • Enhances Overall Security
  • Set of “Best Practices”
  • Uniform interoperability
    • Vendor / Vendor
    • Vendor / Customer
  • Cost reductions
  • Adoption and/or Recognition by US Government Agencies
naspo members
NASPO Members

Pro-Document Solutions – Northstar – Meyercord Revenue – JDSU/Flex Products – Glatfelter – Sun Chemical – Intel – Chesapeake Resource Group – GDW Consulting – Amgraf – Brady – ITW Covid – Appleton – Arjo Wiggins – Keller Crescent - SICPA – Sekuworks - Standard Register – John Henry – Kurz – Challenge Printing – Bristol Myers Squibb – Technicote – Ultradots – Accucote – Armark – National Label – DSS – Yottamark – Midwest Banknote – Nanoink – Authentix – Fasver – CCL Label – Digimarc – Inksure – TUV Rheinland – NPC – Ashton Potter – Gemalto – PPG – Troy Group - Latitude 49 – Viisage – Worldmark – American Bank Note – Schreiner Group - RR Donnelley – 3M – Stardust Materials – Crane & Company – Tullis Russell – US Government Printing Office- Hologram Industries – Crane & Co. – on+qor - NPC

As of 4-08

use of standard update
Use of Standard Update
  • 11 Certified Companies
  • 32 Companies in process
  • >25 Companies – serious intent
  • Adopted by GPO
  • Real ID
  • DHS
the ansi naspo standard
The ANSI/NASPO Standard

Security Assurance Standards

for the

Document & Product Security Industries

Reference : ANSI/NASPO-SA- 2008

From www.naspo.info

thank you

Thank You

Any Questions ?

working session identification guidelines
Working Session:Identification Guidelines
  • Third in a series to engage council members and develop valuable industry information to support IP enforcement
  • Today's topic requested by U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP)
  • To be published by BPC and distributed IP enforcement
    • Manufacturers Identification Guide
    • Trademark ID Guide Book
bpc updates
BPC Updates
  • Special Report: Flow of Counterfeit Products
    • Posted to web site
    • Distributed to Government Agency contacts
  • 2008 MEMA Brand Protection Award nominations
  • Updated BPC presentation posted to member-only web site
  • Mid America Truck Show
  • Future Agenda Topics
    • Ideas
    • Volunteers for Member Spotlight / Best Practices
2008 mema brand protection award
2008 MEMA Brand Protection Award
  • OVERVIEW

The MEMA Brand Protection Council is establishing an award to honor government officials (foreign or domestic) whose work and dedication in the fight against counterfeiting merit special recognition by our group.

  • ELIGIBILITY

Any government official (foreign or domestic) is eligible for nomination for the award. The nomination form is attached.

  • SELECTION PROCESS

Nominations will be accepted until the June 11, 2009 Brand Protection Council meeting. Nominations will be announced and voted on during the meeting. (See nomination form)

2007 mema brand protection award recipients
2007 MEMA Brand Protection Award Recipients
  • U.S. Customs and Border Protection – Port of Savannah for their timely seizure and ultimate forfeiture and destruction of products involving trademark and U.S. design patent infringement. Nominated by Chrysler.
  • Mr. Mohammad Al-Aiyash who is Director General of Internal Trade and Chairman of the IPR Committee for Ministry of Commerce & Industry in the Kingdom of Saudi Arabia recognized for his efforts which lead to the seizure of counterfeit brake fluid and chassis parts. Nominated by Federal-Mogul.
  • The Anti-Fraud Division of the Consumer Protection Department for the Sharjah Municipality of United Arab Emirates (UAE) for their aggressive investigation and prosecution of violators with several brand owners and MEMA members. Nominated by Ford.
intellectual property and brand protection

Intellectual Property andBrand Protection

Jack Cameron, AAP

Vice President, Automotive Aftermarket Suppliers Association

Group Executive, MEMA Brand Protection Council

slide48

Counterfeiting Statistics:

  • The automotive industry loses an estimated $12 Billion in revenue annually (75% from Asia) to service parts counterfeiters, $3 Billion in the U.S. alone.
  • Projected to grow to $45 Billion by 2011.
  • It is estimated that 250,000 automotive industry jobs are lost to counterfeit auto parts.
  • The International Anti-Counterfeiting Coalition puts revenue loss to U.S. Trademark holders at $200 Billion per year.
  • The International Chamber of Commerce estimates 7% of the world trade is in counterfeit goods worth $350 Billion.
  • More than 80% of goods seized at U.S. borders are produced in China. Other countries include Taiwan, Hong Kong, Russia, India, Pakistan and Uruguay.
  • An estimated 30% of products sold in mainland China are counterfeit.
  • Counterfeit parts constitute over 37% of the total automotive aftermarket in India.
slide49

Counterfeit Product

Brake Valves

Fake

Genuine Bendix

slide50

Counterfeit Product

Belt Tensioners

slide51

MEMA BPC Initiatives

Original Equipment Channel

O.E. Vehicle

Manufacturer

O.E.

Dealer

Raw Material

Or

Component

Domestic

Supplier

Domestic

Manufacturer

Distribution

Center

Warehouse

Distributor

Repair

Facility

End User /

Vehicle

Owner

MEMA Member Company

US Manufacturer

Parts Store /

Jobber /

Retail Chain

International

Supplier

Independent Aftermarket Channel

Legitimate

w/ Counterfeit

and Gray Market

Master Dist

/ Importer

of Record

Unauthorized

International

Supplier

Unauthorized

Manufacturer

Color Key:

= Raw Materials and/or Components

= MEMA Member Companies / US Mfgs

= Original Equipment Channel

= Independent Aftermarket Channel

= Steps in the legitimate Supply Chain

= Illegitimate Steps in Supply Chain

Internet

/ web site

/mail order

Will-Fit

Supplier

converted to counterfeit

Broker

slide52

MEMA BPC Initiatives

O

International Origin

U.S. Destination

Free Trade

Zone

Freight

Consolidator

Customs

Broker

Customs

Broker

Freight

Consolidator

Purchaser

Dubai

Canada

Paraguay

Mexico

Panama

Shipments get “pinballed” around the world prior to final destination

Illustrative of Potential

Counterfeit and Gray Market

slide53

Get Help

  • State and Local Law Enforcement
  • Privately Retained Legal Counsel
  • U.S. Customs and Border Protection (CBP)
    • Web site www.cbp.gov
    • E-mail ipr.helpdesk@dhs.gov
    • Contact David Brener david.brener@dhs.gov
  • U.S. Immigrations and Customs Enforcement (ICE)
    • Web site www.ice.gov
    • Contact David Faulconer david.faulconer@dhs.gov
  • Federal Bureau of Investigation (FBI)
    • Web site www.usdoj.gov/criminal/cybercrime/reporting.htm
    • Contact Kiffa Shirley kiffa.shirley@ic.fbi.gov
  • U.S. Department of Justice (DOJ)
    • Web site www.cybercrime.gov
    • Contact Matt Bassiur matthew.bassiur@usdoj.gov