1. Look-alikes 2003 Presentation from Philip Sheppard Public Affairs Manager AIM - European Brands Association

2. Ice- cream look-alikes Italy

6. Italy - 2002 survey  59 responses, 19 (32%) cited problems  Most categories – especially dry food and beverages  16 retailers –especially Metro, Carrefour and Esselunga

7. 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!

8. 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

9. 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%!

10. 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!

11. European survey 2002 - more replies, bigger problem

12. European survey 2002 - more cases

13. European survey 2002 - look-alikes in most sectors

14. 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!

15. European survey 2002 - results of taking action

16. European survey 2002 - why 52% did nothing

17. European survey 2002 - worst offenders

18. European survey 2002 - is there a link to private label?

19. European survey - conclusions  Action works  As a result of increasing like-alikes, more companies are taking action and getting successful outcomes.

20. 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”

21. 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?