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Look-alikes 2003. Presentation from Philip Sheppard Public Affairs Manager AIM - European Brands Association. Ice- cream look-alikes Italy. Ice- cream look-alikes Italy. Ice- cream look-alikes Italy. Ice- cream look-alikes Italy. Italy - 2002 survey. 59 responses, 19 (32%) cited problems

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look alikes 2003

Look-alikes 2003

Presentation from Philip Sheppard

Public Affairs Manager

AIM - European Brands Association

italy 2002 survey
Italy - 2002 survey
  • 59 responses, 19 (32%) cited problems
  • Most categories – especially dry food and beverages
  • 16 retailers –especially Metro, Carrefour and Esselunga
italy what did companies do
Italy - what did companies do?
  • 113 incidents, action taken in 74 (65%)
  • Negotiation in 49 cases
  • Litigation in 25 cases
  • Most cases pending

Wherever action taken and concluded, 100% success!

italy reasons for no action
Italy - reasons for no action

1. Fear of retributive action

2. Insufficient legal framework

3. Low economic impact

Italian equal top rating:

  • Retribution & weak law
italy trends
Italy - trends
  • Slightly more responses than in 2000 – up from 48 to 59
  • Higher rate reporting problems – from 21% to 32%.
  • Incidents doubled to 113 from 55
  • But action also grown from 18% to 65%!
italy conclusion
Italy - conclusion
  • Look-alike problem is getting worse
  • But manufacturers are more willing to take action to protect their rights and when they do, it works!
european survey 2002 what did companies do
European survey 2002- what did companies do?
  • In top 12 countries, from 432 incidents, 48% of the time action was taken
  • 80% negotiation, 20% litigation

86% of the time a positive result!

european survey conclusions
European survey - conclusions
  • Action works
  • As a result of increasing like-alikes, more companies are taking action and getting successful outcomes.
legislative initiatives
Legislative initiatives
  • EC proposed directive on unfair marketing defines unfair to consumers:
    • “taking account of all features”…
    • “including overall presentation”...
  • and if deception as to:
    • “the identity ...of the trader”
legislative initiatives unfair marketing directive
Legislative initiatives - unfair marketing directive
  • First internal draft April 2003
  • Next draft June 2003
  • Then, Commission adoption, Parliament 1st reading, member states adoption, Parliament 2nd reading, final adoption 2004?