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SNB - REACT Business Perspective IPR Protection April 1, 2009 Presentation Eli Mufisovski Introduction SNB React – anti counterfeiting association Non-profit Our members- 150 well known companies are partner in our Business Partnership Group Introduction Assist authorities

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snb react
SNB - REACT

Business Perspective IPR Protection

April 1, 2009

Presentation

Eli Mufisovski

introduction
Introduction
  • SNB React – anti counterfeiting association
  • Non-profit
  • Our members- 150 well known companies

are partner in our Business Partnership Group

introduction3
Introduction
  • Assist authorities
  • Try to find most efficient way to fight counterfeit
  • Service provider vs right owners
introduction4
Introduction
  • Counterfeit = worldwide industry organized by criminal organizations
  • Right holders cannot combat this criminal phenomenon alone
  • Balkan countries should join forces (EU)
challenges
Challenges
  • In the Balkan area fight against counterfeit is difficult

 Lack of legislation and experience

  • Use the legislation more creatively
  • The fight of counterfeit has started the past few years
challenges6
Challenges

Raise awareness among public

  • Most economy’s in the Balkan are not very strong

Tendency to approve the sale of counterfeit

The “infringers” are justified!

  • Raise awareness among authorities of the importance and possibility of fight against counterfeit
  • Loss of revenues
  • Protection of consumer a.o.
legislation
Legislation
  • National legislation in line with EU regulation?
  • Nevertheless: most Balkan countries are a part of the Trade Related Aspects of Intellectual Property Right Protection Agreement (TRIPS) (!)
legislation8
Legislation
  • Border enforcement
  • Market Surveillance
  • Police
border enforcement
Border Enforcement
  • Border enforcement: most important tool to prevent the circulation of counterfeited goods
  • Has to be a quick and simple procedure
  • Right Owner submits a Customs Application

 Should be less formal (POA not notarized and apostle in all countries separately); they sign indemnity letter anyhow

border enforcement10
Border Enforcement
  • Simple: counterfeit goods =infringement
  • Therefore long court procedures should be avoided!!
  • Why go to court; counterpart rarely challenges counterfeit nature
  • Effect: more costs, legal, storage…a.o.
  • For budgetary reasons, right owners drop cases when they are long and costly
border enforcement11
Border Enforcement
  • Simplified procedure applied:?
  • Macedonia : Yes
  • Serbia : No
  • Albania : Yes, not applied yet
  • Montenegro : No, practically Yes
  • Bosnia and Herzegovina : No
border enforcement12
Border enforcement
  • Improvement:
  • Art 6 (EC 2003/1383) All costs……….
  • “All costs” should be all customs costs, not all storage and destruction costs!
market surveillance
Market surveillance
  • More difficult to act when the counterfeited goods are on the market
  • Important for the right owners to have the infringing goods immediately removed and ultimately destroyed; if not the case, no interest.
  • Different approach in the Balkan countries
market surveillance14
Market Surveillance
  • National legislation;

-Law of Market Inspectorate

-Law on Industrial Property Right

-Law on Consumer Protection

-Criminal Law

  • In common: Trips Agreement
improvement
Improvement
  • Acting on request or ex-officio?
  • Needed; manpower and training

React and the right owners can assist in training and can assist the officers or inspectors during a raid

  • Have the goods seized and destroyed

React could assist in storage and destruction

slide16
ACTA
  • New initiative ACTA (Anti Counterfeiting Trade Agreement.) more protection for the right owners

 Business Perspective;

  • Strict criminal enforcement;

administrative and civil enforcement cannot

substitute criminal enforcement.

  • Harmonizing at international level criminal sanctions against counterfeiting and piracy
slide17
ACTA
  • Encourage judicial authorities to impose higher penalties to deter future infringement
  • Ensure the ability of law enforcement officials with the authority to act ex officio to seize (materials, evidence etc) and impose sanction/ penalty like imprisonment
slide18
ACTA
  • Destruction, removal from channels of commerce; costs of storage and destruction on right holders should be eliminated
  • Provide prompt and reasonable access by right holders to relevant documents and information on counterfeiters and pirates to use in conducting private investigations, filling complaints o.a.
conclusion
Conclusion
  • Avoid long procedures,
  • Avoid storage costs (possible solution, own storage, React can assist)
  • Destruction (uniformed way, recycling)
  • Cross border information
thank you
Thank you

SNB REACT BALKAN

Ms. Eli Mufisovski

Dame Gruev nr 1

Skopje - Macedonia

Tel +389 2 3228 244

Fax + 389 2 3298 007emufisovski@snbreact.org

reactbalkan@snbreact.com