Eli Mufisovski SNB-REACT Balkan

Skopje1 April 2009

European Anti – Counterfeiting NetworkEuropean Anti – Counterfeiting Network

SNB-REACT Objectives

Enable cost effective anti counterfeiting operations Europe wide for its members

Not for profit Straight forward actions Support enforcement agencies

SNB-REACT: Operational IPR Business Partnership: training-lobbying

SNB-REACT Objectives

Create Pan European networkOne stop service: offices in Amsterdam, Milan, Lisbon, Vilnius,

Skopje, agencies and partners all over Europe

Europe wide investigation/legal follow up

1. National Units

SNB-REACT – Headquarter

SNB-REACT – Headquarter

REACT Italy

Branch

REACT Italy

Branch

REACT Portugal/Spain

Branch

REACT Portugal/Spain

Branch

REACT Baltics

LithuaniaBranch

REACT Baltics

LithuaniaBranch

REACT Balkan

MacedoniaBranch

REACT Balkan

MacedoniaBranch

REACT The Netherlands

Branch

REACT The Netherlands

Branch

React’s anti-counterfeiting national units act by swiftly undertaking seizures on behalf of its member companies at low costs

2. Partners/Agencies

SNB-REACT - Partners

SNB-REACT - Partners

HungaryHungary

AustriaAustria

LuxembourgLuxembourg

RomaniaRomania

PolandPolandFinlandFinland

SpainSpainGermanyGermany

RussiaRussia

GreeceGreece

U.K.U.K.

LatviaLatvia

BelgiumBelgium

SNB-REACT has partnership agreements with specialized intellectual property law firms, investigators and sister organizations. Standard

actions are performed at fixed fees

SNB REACT Balkan

SNB-REACT Balkan

SNB-REACT Balkan

MontenegroMontenegroSerbiaSerbia AlbaniaAlbaniaMacedoniaMacedoniaBosnia and

HerzegovinaBosnia and

Herzegovina

SNB-REACT-operational

Efficiency: to keep fees at low level

Operate at non profit basis:

Standard legal actions, Monitoring markets, event and The Internet Joint actions

IPR Business Partnership

Training efforts: National training with enforcement Asia Pacific region Either as REACT or jointly with WIPO,

UNECE or other intl. organisation Technical assistance: digital camera’s containers/ storage of counterfeits

IPR Business Partnership

Lobby issues:

Shift of liability to intermediaries: Simplified procedures Disposal of counterfeit goods

Liability of intermediaries

SNB-REACT tries to involve Service Providers: legislation, lobbying and if necessary legal proceedings

EU Directive on the Enforcement of IPR 2004/48 recognizes that intermediaries are a relevant link in the counterfeit business

Liability of intermediaries

EU Enforcement Directive: Intermediary can be ordered to provide information

(Article 8) Interlocutory may be issued against an Intermediary

(Article 9)

TRIPS Costs of enforcement shall not be unnecessarily

costly (Article 41, 2) Infringer pays the right holder damages adequate to

compensate for injury the right holder has suffered (Article 45)

Liability Transporter

Vital role – movement of counterfeit Targets:

1. Impose costs on the shipper/consignor2. Immediate surrender of goods/documents3. Pro-active approach with obvious infringing

consignments

Liability Transporter

Costs / Surrendering TRIPS – infringer liable for costs Anti Piracy Regulation 2003/1383 – unclear

wording right holders pay for the costs; will be repaired in the future

In absence of infringer – costs should stay in contractual chain (confirmed by Dutch Summary Judge (China Shipping 22 august 2006))

Liability Transporter

Carriers – General Freight Conditions:

1. Do not transport counterfeit

2. Right to surrender counterfeit goods

3. Shipper liable for damages

Liability Transporter

Pro –active approach

Bill of lading – general obligation to inspect goods

Actual obligation to check when shipper is notorious for sending counterfeit goods – risk analysis

Liability Transporter

To achieve our targets: - Promoting with organizations the amendment

of freight conditions- Lobbying for better legal conditions on costs- If the right case comes up – legal

proceedings

Landlords

Landlords of markets / fairs

Responsible for their tenants when informed about illegal activities

Base EU Enforcement Directive

Landlords

Targets: 1. Inclusion in general condition/lease

agreement explicit prohibition of trade in counterfeit

2. Disclosure of traders details3. Pro-active approach towards obvious

infringements

Internet Service Providers

Internet: perfect platform

Targets

1. Immediate removal2. Disclosure of personal data3. Pro-active approach

Operational activities

Follow up notification enforcement officers

Legal actions: civil, criminal Investigations Monitoring of markets, fairs Monitoring of the Internet Storage, destruction of goods

CONCLUSION

Work on legislation Strengthening the system

Offer more assistance in the area to the authorities

- Practical with enforcement- Training, storage, destruction eo- Legislation

Thank you for your attention

SNB REACT BALKAN

Ms. Eli Mufisovski Dame Gruev nr 1

Skopje, Macedonia

Tel +389 2 3228 244Fax + 389 2 3298 007

emufisovski@snbreact.orgreactbalkan@snbreact.orgwww.snbreact.org