complete acta negotiations and implement in 2010 expand counterfeiting and piracy database

• Complete ACTA negotiations and implement in 2010• Expand counterfeiting and piracy database• Enhance transparency and monitoring• Build respect for IPR’s by enhancing efforts to foster better

understanding on the importance of IPR• Establish strategic priorities for long term benefits

Fifth Global Congresson Combating Counterfeiting and Piracy

Bridging Boundaries for Shared Solutions

Challenge #1: Cooperation & Coordination

Panel 1: Global and Regional Initiatives

• Enhance strategic and operational cooperation with a focus on multi-agency participation

• Support the global customs database• Create education and awareness programs• Enhance efforts to engage at the political level• Explore technology to find solutions• Build better collaboration between the public and private sectors




Panel 2: Case Studies – Enforcement/Private Sector Cooperation

• Raise awareness and cooperation with intermediaries• Take offending intermediaries to court to build case law• Involve intermediaries in anti-counterfeiting efforts by enhancing

awareness with lawmakers and enhancing intermediary responsibilities

• Define who is responsible to pay for storage and destruction of counterfeit goods

• Establish and enforce a ‘Know your Customer’ mentality with intermediaries




Panel 3: Third Party Case Studies

• Recognize that IP enforcement depends on adequate laws, an independent judiciary, and effective enforcement agencies.

• Consider, where appropriate, the introduction of specialist IP courts to deal with counterfeiting and piracy.

• Empower the judiciary to deal effectively with IP cases.



Challenge #2: Improving Criminal and Civil Legislation and Enforcement

Panel 1: Role and Readiness of the Judiciary

• Sensitize the judiciary about the dangers inherent in counterfeit goods, and the effect on the right holders and the consumers of counterfeiting and piracy.

• Appreciate the duty of the judiciary to balance, in an appropriate manner, the rights of IP producers and users in the interest of socio-economic development.

• IP enforcement should focus especially on organized crime behind the production of counterfeit and pirated goods.

• Deterrent sentences should distinguish the roles of the different kinds of infringers.



Challenge #2: Improving Criminal and Civil Legislation and Enforcement

Panel 2: Criminal Sanctions – Models for Deterrent Penalties

• Primary need to strengthen legal framework and reduce impact of corruption

• Achieve balance between criminal and civil remedies to target organized crime

• Prepare ground to deliver collective benefits arising from population growth

• Increase awareness and recruit good will to combat tidal wave of counterfeiting



Challenge #3 Health and Safety Risks

Panels 1 & 2: Africa and Private Sector Case Studies

• Work harder in Africa to overcome obstacles and deliver tangible results

• Public perception: less focus on loss of revenue/market share, more on loss of life

• Develop more effective methods of linking deaths to counterfeiting• Mechanisms to identify collective strengths and weaknesses to

improve cooperation





• Convert information into action on regional and global basis • Analyze interconnectivity of formal and informal markets to

improve intervention strategies• Customs and police to improve coordination to combat border and

in-country enforcement• Increase effectiveness of “certificate of authenticity” process to

ensure integrity of supply chain and improve tracking





• Raise worldwide awareness of fatal risks facing consumers who buy counterfeit medicines – consumers are persuaded by the adverse health message

• Introduce legislation to regulate sale of medicines over the internet• Increase liability and responsibilities of internet search engines and

payment providers





• Long-life cycle products raise special challenges and increased need to assess impact on supply chain integrity; critical infrastructure; and, industrial capabilities

• Streamline reporting procedures to improve coordination • Maximize benefits arising from industry sector bodies to develop

proactive partnerships to take the fight to the counterfeiters• Central involvement of transnational organized criminals





• Regional and increasingly global problem requiring global solutions• Significant good will in Africa and desire to take action• Less talk, more action required• Better cooperation and coordination required• Better exploitation of available data to support operations





• Launch a multi-industry/law enforcement pilot joint operation in Mexico and Central America

• Establish an inter-parliamentary forum to explore legislative proposals to strengthen IP criminal and civil enforcement

• Develop an integrated global network of trainers to assist developing and developed countries to improve their capacity to stop illicit trade



Challenge #4: Building Capacity

Panel 1: Country Case Studies

• Seek support for an OECD project to establish an efficient, standard data collection model to improve the accuracy of counterfeiting and piracy statistics

• Design a global or regional public awareness campaign via a large scale private/public partnership

• Secure industry support for, and participation in, U.S. Customs and Border Protection priority enforcement investigations



Challenge #4: Building Capacity

Panel 2: Security and Prosperity Partnership

• More investigation needs to be done• Impacts on economic growth and jobs needs more attention



Challenge #5: Raising Awareness

Panel 1: Measuring True Costs

• Consumers need better understanding• Governments have a critical responsibility to their constituencies:– Counterfeiting and Piracy is wrong– There are consequences



Challenge #5: Raising Awareness

Panel 2:Public Awareness

• Encourage governments to initiate customs control efforts in Free Zones against counterfeit and pirated goods.

• Encourage the development of risk analysis techniques in the fight against the counterfeiting and piracy. These control techniques should be adapted to suit the needs to Free Trade Zones and to Transhipment Countries.



Challenge #6: Free Trade Zones &Transhipment Countries

• Encourage governments to take appropriate and effective measures to penalize persons involved in counterfeit and pirated products that are in transit, cross borders or are manufactured in Free Trade Zones.



Challenge #6: Free Trade Zones &Transhipment Countries

• Increase public awareness and engagement on the issue• Move stakeholder dialogue from discussion to implementation and

participation from a broader group of intermediaries and stakeholders



Challenge #7: The Internet

complete acta negotiations and implement in 2010 expand counterfeiting and piracy database

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