1. IPR Enforcement: the view from European industry Marie Pattullo AIM, European Brands Association UNECE, International Conference on IPRs Geneva, 25-26 July 2007

2. AIM: who are we?  European Brands Association (Association des Industries de Marque)  Mission statement: “To create for brands an environment of fair and vigorous competition, fostering innovation and guaranteeing maximum value to consumers”  Counterfeiting today affects more and more everyday goods, affecting more and more unsuspecting consumers AIM®

3. The benefits of brands  A contract of confidence with the consumer: repeat purchases based on trust re fitness for purpose, quality and ingredients etc.  Allow consumers to differentiate and to choose what they actually want to purchase  Innovation: for each extra €1 spent on research and development, brands generate €2 of extra value compared to just €1 for other business types (“Of brands and growth” – PIMS, 2004)  Brands boost employment: EU employment growth in innovative industries like branding is twice that of other sectors (DG III European Commission, 1995)  All of the above are destroyed by counterfeiting and piracy AIM®

4. AIM Anti-Counterfeiting Committee  Major industry coalition; companies, national anti- counterfeiting groups, sectoral and non-sectoral bodies  Mission:  To act as a strong, coherent voice for European industry in the fight against the manufacture, distribution and sale of counterfeit and pirated items  To engage in world-wide co-operation with all public and private sector stakeholders, including law enforcement agencies and public policy makers AIM®

5. EUROPEAN INDUSTRY COORDINATION Corporate Members Bacardi-Martini, Beiersdorf, Cadbury-Schweppes, Colgate-Palmolive, Danone, Diageo, Ferrero, Georgia- Pacific, GSK, Heineken, Henkel, Lego, L’Oreal, LVMH, Microsoft, Nestlé, Nokia, Pernod-Ricard, Philips, P&G, Reckitt- Benckiser, Sara Lee International, Unilever… Cross-Sectoral Members AIM, BUSINESSEUROPE, ECTA, BMD, ICC-BASCAP… Sectoral Members BIEM, Comité Colbert, EFPIA, EURATEX, FESI, IFPI, IVF, MPA, TIE… Europe COLIPA, IFSP, TABD… Global CACP, QBPC, GMA, INTA, OECD, UNECE, WCO, WTO, WIPO… National Anti- Counterfeiting Group Members ABAC-BAAN, ACG, APM, IACC, INDICAM, Union de Fabricants… AIM Anti-Counterfeiting Committee European institutions AIM®

6. ACRONYMS ICC-BASCAP: International Chamber of Commerce – Business Action to Stop Counterfeiting & Piracy INDICAM: Italian anti-counterfeiting association IFPI: International Federation of the Phonographic Industry IFSP: International Federation of Spirits Producers INTA International Trademark Association IVF: International Video Federation MPA: Motion Picture Association OECD: Organisation for Economic Co-operation & Development QBPC: Quality Brands Protection Committee TABD: Transatlantic Business Dialogue TIE: Toy Industries of Europe Union de Fabricants: French anti-counterfeiting association UNECE: United Nations Economic Commission for Europe WCO: World Customs Organisation WTO: World Trade Organisation WIPO: World Intellectual property Organisation ABAC-BAAN: Belgian anti-counterfeiting group ACG: Anti-Counterfeiting Group UK AIM: European Brands Association APM: German anti-counterfeiting group BIEM: Bureau des sociétés gérant les Droits d’Enregistrement et de reproduction Mécanique BMD: United Brands Association, Turkey CACP: Coalition Against Counterfeiting and Piracy COLIPA: European Cosmetic Toiletry & Perfumery Association Comité Colbert: French luxury goods association ECTA: European Communities Trade Mark Association EFPIA: European Federation of Pharmaceutical Industries and Associations EURATEX: European Apparel and Textile Organisation FESI: European Sporting Goods Industry GMA: Grocery Manufacturers of America IACC: International Anti-Counterfeiting Coalition AIM®

7. Enforcement must be…  … seen as the obvious corollary to registration – the defence and protection of a right, in this case an IP right  … practical, not theoretical  … collaborative; joint industry action (e.g. AIM Anti- Counterfeiting Committee), joint action with law enforcement and joined-up policing within law enforcement  … available and accessible AIM®

8. Problems with enforcement  Varies hugely from country to country, even within the EU, e.g.:  look-alikes/parasitic copies  Enforcement and UCP Directives  interpretation of Customs Regulation  right to information  criminal sanctions  Non-accountability of land owners who allow market traders to deal in fakes & content providers/ISPs who allow fakes on their Internet sites AIM®

9. Why is enforcement a problem?  Different level of appreciation of seriousness of IPR fraud in different countries  Unequal expertise of the judiciary, Customs, police etc.  Lack of resources  The bottom line: because the laws we have are not enforced! AIM®

10. Suggested Governmental action  Give Customs more resources and train up more IPR specialists  Train the judiciary to understand counterfeiting & piracy; dedicated IPR judges  Specialist police units also needed; appreciation of knock-on effects on other crimes; cross-border cooperation (e.g. Interpol); IPR crimes should also be recorded in national crime statistics AIM®

11. LEAs/Rightholders joint action  Enforcement MUST be collaborative  Rightholders MUST file Customs applications!  Involvement of rightholders in investigations and exchange of information – i.e. both ways - with LEAs, including regular meetings  Joint training sessions – e.g. operational training by DG TAXUD, WCO etc. AIM®

12. More international coordination?  TRIPs: we have it, it would take years to replace it, so let’s use it and enforce it  Active, practical measures – more specialist Customs, police and judges; exchanging officers from different jurisdictions; sharing best practices…  ENFORCING THE LAWS WE ALREADY HAVE!  Enforcement is not just a word. It is action. AIM®

13. Thanks for listening. Marie Pattullo AIM - European Brands Association 9 Avenue des Gaulois B-1040 Bruxelles marie.pattullo@aim.be www.aim.beAIM®