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SNB - REACT

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

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  1. SNB - REACT Business Perspective IPR Protection April 1, 2009 Presentation Eli Mufisovski

  2. Introduction • SNB React – anti counterfeiting association • Non-profit • Our members- 150 well known companies are partner in our Business Partnership Group

  3. Introduction • Assist authorities • Try to find most efficient way to fight counterfeit • Service provider vs right owners

  4. Introduction • Counterfeit = worldwide industry organized by criminal organizations • Right holders cannot combat this criminal phenomenon alone • Balkan countries should join forces (EU)

  5. 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

  6. 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.

  7. 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) (!)

  8. Legislation • Border enforcement • Market Surveillance • Police

  9. 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

  10. 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

  11. Border Enforcement • Simplified procedure applied:? • Macedonia : Yes • Serbia : No • Albania : Yes, not applied yet • Montenegro : No, practically Yes • Bosnia and Herzegovina : No

  12. Border enforcement • Improvement: • Art 6 (EC 2003/1383) All costs………. • “All costs” should be all customs costs, not all storage and destruction costs!

  13. 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

  14. Market Surveillance • National legislation; -Law of Market Inspectorate -Law on Industrial Property Right -Law on Consumer Protection -Criminal Law • In common: Trips Agreement

  15. 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

  16. 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

  17. 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

  18. 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.

  19. Conclusion • Avoid long procedures, • Avoid storage costs (possible solution, own storage, React can assist) • Destruction (uniformed way, recycling) • Cross border information

  20. 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

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