European Anti Counterfeiting Network Eli Mufisovski SNBREACT Balkan

European Anti – Counterfeiting Network Eli Mufisovski SNB-REACT Balkan Skopje 1 April 2009

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 network One stop service: offices in Amsterdam, Milan, Lisbon, Vilnius, Skopje, agencies and partners all over Europe wide investigation/legal follow up

1. National Units SNB-REACT – Headquarter REACT The Netherlands Branch REACT Italy Branch REACT Portugal/Spain Branch REACT Baltics Lithuania Branch REACT Balkan Macedonia 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 Poland Finland Hungary Spain Germany Russia Austria Belgium Greece Luxembourg Latvia Romania U. K. 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 Macedonia Serbia Montenegro Albania Bosnia 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 1. 2. 3. Vital role – movement of counterfeit Targets: Impose costs on the shipper/consignor Immediate surrender of goods/documents 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 1. 2. 3. Targets: Inclusion in general condition/lease agreement explicit prohibition of trade in counterfeit Disclosure of traders details Pro-active approach towards obvious infringements

Internet Service Providers Internet: perfect platform Targets 1. 2. 3. Immediate removal Disclosure of personal data 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 244 Fax + 389 2 3298 007 emufisovski@snbreact. org reactbalkan@snbreact. org www. snbreact. org