Priorities to Combat Counterfeiting and Piracy Koji Yonetani Director Intellectual Property Affairs Division Ministry of Foreign Affairs of Japan

Three Priority Actions 1. Multilateral Negotiations/Coordination 2. Initiatives by Private Sector3. Building Respect for IPRs 1

1. Multilateral Negotiations/Coordination Challenge 1 Cross-Border Proliferation of Counterfeit and Pirated Goods Priority Action 1 Strengthening Coordination in IP Enforcement Including Through ACTA Negotiation 2

1. Multilateral Negotiations/Coordination ACTA (Anti-Counterfeiting Trade Agreement) Establishing international standards for protection and enforcement of IPR (TRIPS Plus) Japan raised the necessity of a legal framework to combat counterfeiting and piracy in 2005, which has been recognized in the Declarations of 2 nd, 3 rd and 4 th Global Congress. Negotiation based on the draft text has been held since 2008, with the aim of concluding the agreement as soon as possible in The participants in the meetings: Japan, US, EU, Canada, Switzerland, South Korea, Mexico, Singapore, Australia, New Zealand, Morocco Other Related Fora WIPO (Advisory Committee on Enforcement) ＡＰＥＣ (Anti-Counterfeiting and Piracy Initiative, APEC Model Guidelines)....etc. 3

Key Components of ACTA Legal Framework Border measures, Criminal enforcement, Civil enforcement, etc. Suspension for importation and exportation of suspected infringing goods, penalty for counterfeit labels, reduction of burdens of right holders to store and destroy infringing goods at the customs, damages adequate to compensate to right holders, measures against Internet piracy, etc. Enforcement Practice Establishment of public/private advisory groups, fostering of specialized IP expertise within law enforcement structures, etc. International Cooperation Capacity building and technical assistance to developing countries, cooperation among enforcement agencies including exchange of information, etc. 4

2. Initiatives by Private Sector Challenge 2 Complex and Evolving Forms of Counterfeiting and Piracy Priority Action 2 Strengthening Public- Private Cooperation in Ensuring Compliance 5

2. Initiatives by Private Sector Initiatives by Business Sector Administrativ e Measures Legislative Measures Examples: Guidelines under the Japanese Law of ISP Liability Limitation Customs training IPR seminars by Private Sectors (ex. JETRO(with IIPPF, IPG etc.) Examples: Guidelines under the Japanese Law of ISP Liability Limitation Customs training IPR seminars by Private Sectors (ex. JETRO(with IIPPF, IPG etc.) 6

3. Building Respect for IPRs Challenge 3 New Technologies Public Policy Objectives Priority Action 3 Fostering International Policy Consultation and Building Respect for IPRs and Law Enforcement 7

Continued Efforts to Foster Understanding on the Importance of IPRs (Public Awareness, etc.) Fight against Counterfeiting and Piracy 3. Building Respect for IPRs An Example of Recent Challenges Internet & digital environment Right to access information should not undermine respect for IPRs. An Example of Recent Challenges Internet & digital environment Right to access information should not undermine respect for IPRs. 8

Thank You!