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Anticounterfeiting Programs and Resources


The International Chamber of Commerce estimates 7% of world trade is in counterfeit goods. The International Trade Commission estimates counterfeit sales worldwide grew from $5.5 billion in 1982 to $200 billion in 1996 to over $350 billion in 2005. China has built a well-deserved reputation as the source for many counterfeit goods. More than 60% of the counterfeit products seized by U.S. authorities in 2005 were produced in China.

Organized crime and terrorist organizations worldwide use counterfeit goods as an easy way to finance their operations. Terrorist organizations such as Al Qaeda, Hezbollah and Hamas get most of their funding from trafficking in counterfeit goods -- particularly cigarettes, pharmaceuticals, baby formula, and designer goods such as handbags. The 1993 World Trade Center bombings were financed by sales of counterfeit designer-brand clothing. Terrorists in Northern Ireland were well-financed through sales of counterfeit Disney Lion King merchandise. Basque terrorist group ETA sells counterfeit designer handbags and clothing around the world and online.

North Korea's oppressive regime is financed largely through high-quality counterfeiting, in everything from sprawling state-owned counterfeit cigarette factories, to billions of dollars in exquisitely produced counterfeit U.S. currency. As of early 2005, for example, North Korea was churning out 2 billion packs of counterfeit name-brand cigarettes every year.

The World Health Organization estimates 10% of all pharmaceutical sales worldwide are fakes, but that 80% of the pharmaceuticals sold in Nigeria in 2003 were fake or counterfeit. In 1990, WHO reported over 100 Nigerian children died after taking cough syrup that was actually antifreeze.

The Chinese government admits that 192,000 people died in 2001 from taking counterfeit drugs; one U.S. pharmaceutical company alone has 38 cases pending against counterfeit drug makers in China.

Millions of fake Viagra pills are sold online every week. Counterfeit alcohol, primarily vodka containing methyl alcohol, kills hundreds of people around the world each year.

Counterfeit bearing failures cost lives and millions of dollars in sales and lost profits every year. Tens of thousands of jobs have been lost by legitimate businesses due to counterfeiting.

In one instance, counterfeit bearing seal spacers were found in a United Airlines jet engine; testing of this seemingly innocuous part revealed an operational life less than 600 hours vs. 20,000 hours for real parts. In 1989, a Norwegian jetliner crashed, killing 55 people; the crash was traced to counterfeit fasteners made in the United States.

Interpol

Interpol

Headquartered in Lyon, France, Interpol is the world's largest international police organization, with 186 member countries. Created in 1923, Interpol, "facilitates cross-border police co-operation, and supports and assists all organizations, authorities and services whose mission is to prevent or combat international crime."


International AntiCounterfeiting Coalition (IACC)

International AntiCounterfeiting Coalition

The International AntiCounterfeiting Coalition is the largest international organization devoted solely to combating product counterfeiting and piracy.

Comprised of a cross section of business and industry - from autos, apparel, luxury goods, and pharmaceuticals, to food, book publishing, software and entertainment - the IACC's members' combined annual revenues exceed $650 billion.

The IACC develops and conducts training for domestic and foreign law enforcement officials, submits comments on intellectual property enforcement laws and regulations in the United States and abroad and participates in regional and international programs aimed at improving intellectual property enforcement standards.

The website is a treasure trove of information, kept up to the minute, and benefits from detailed submissions, including online video training and an online museum of counterfeits, submitted by key members such as General Motors and Microsoft.

One particular instance involves counterfeit bearing spacers found used in helicopters and aircraft.

IACC Spring Conference schedule
   2008: May 13-15 in New York City
   2009: May 13-15 in Seattle, Washington


Global Congress Combatting Counterfeiting and Piracy

Global Congress on Combating Counterfeiting and Piracy

The GCCCP, with key support among is quickly emerging as a key means of guiding and unifying the various anticounterfeiting and piracy protocols being developed and followed by the world's largest trade facilitators, from the global down to the regional and local levels.

In Brussels in 2004, The World Customs Organization (WCO) and Interpol joined with the World Intellectual Property Organization to host the First Global Congress to Combat Counterfeiting. Also participating in the first Congress were the Global Business Leaders Alliance Against Counterfeiting (GBLAAC), International Trademark Association (INTA), International Security Management Association (ISMA), along with selected members of the WCO's Intellectual Property Rights Strategic Group (WCOIPR).
First Congress: Overview      Outcomes Statement (PDF)

The second Global Congress was held in Lyon, France in 2005, next door to Interpol headquarters, co-hosted by Interpol and the WCO, again with support from WIPO, GBLAAC, ITA, ISMA, adding the International Chamber of Commerce. This second Congress drew over 500 participants from 66 countries.
Second Congress: Overview      Lyon Declaration (PDF)

The Fourth Global Congress is set for Geneva, Switzerland, in early 2008.


World Trade Organization TRIPS:
Trade-Related Aspects of Intellectual Property Rights

World Trade Organization

The WTO TRIPS agreement concerning intellectual property rights. Negotiated in the 1986-94 Uruguay Round, it introduced intellectual property rights and rules into the multilateral trading system for the first time.

The TRIPS Agreement narrows the gaps in the way intellectual property rights are protected around the world, and to bring them under common international rules. It establishes minimum levels of protection that each government has to give to the intellectual property of fellow WTO members.

WTO TRIPS: Trade-Related Aspects of Intellectual Property Rights

World Intellectual Property Organization

World Intellectual Property Organization

The World Intellectual Property Organization is part of the United Nations.

WIPO founding mandates are (i) to promote the protection of intellectual property throughout the world through cooperation among States and, where appropriate, in collaboration with any other international organization, and, (ii) to ensure administrative cooperation among the Unions.

WIPO, amongst other resources, maintains an online Industrial Property Digital Library, and a database of State emblems and signs that enjoy protection under an international treaty, the Paris Convention for the Protection of Industrial Property.

The Paris Convention, established 1883 and amended seven times since then, contains Article 6ter, prohibiting signatory countries from registering unauthorized trademarks of, "armorial bearings, flags, and other State emblems, of the countries of the Union".

All WIPO databases are free of charge.


World Intellectual Property Organization -- Internet Treaties

Two 1996 treaties were negotiated under the auspices of WIPO: the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). Both update international copyright standards for the Internet era. Together, the two "Internet Treaties" lay the groundwork for the healthy development of electronic commerce in countries that ratify them.

The WCT entered into force on March 6, 2002, and the WPPT entered into force on May 20, 2002.

World Intellectual Property Organization general site

U.S. Government -- National Intellectual Property Law Enforcement Coordination Council

Created in 1999 and under the U.S. Patent and Trademark Office, NIPLECC is an interagency group responsible for coordinating the US' domestic and international intellectual property enforcement activities.

NIPLECC includes as one of its co-chairs, the Director of the USPTO. Other members include the Assistant Attorney General, Criminal Division, also co-chair, the Undersecretary of State for Economics, Business and Agricultural Affairs, the Deputy United States Trade Representative, the Commissioner of Customs and the Under Secretary of Commerce for International Trade.

NIPLECC

International Intellectual Property Alliance

International Intellectual Property Alliance

The International Intellectual Property Alliance is a private sector coalition formed in 1984 to represent the U.S. copyright-based industries in bilateral and multilateral efforts to improve international protection of copyrighted materials.

Members are the Association of American Publishers (AAP), Business Software Alliance (BSA), Entertainment Software Association (ESA), Independent Film & Television Alliance (IFTA), Motion Picture Association of America (MPAA), National Music Publishers Association (NMPA), and the Recording Industry Association of America (RIAA).

These member associations represent 1,900 U.S. companies producing and distributing materials protected by copyright laws throughout the world. IIPA and its member associations track copyright legislative and enforcement developments in over 80 countries, working with U.S. government, foreign government and private sector representatives.

IIPA’s goal is a legal and enforcement regime for copyright that not only deters piracy, but that also fosters technological and cultural development in these countries, and encourages local investment and employment.


Managing Intellectual Property Magazine

Managing Intellectual Property magazine

Managing Intellectual Property, founded in 1990, is a quarterly publication dedicated to the myriad of issues facing IP owners and managers.

Managing Intellectual Property is published 10 times a year and includes news, data, in-depth articles and interviews with influential IP figures. Articles are written by a full-time staff and by specialized intellectual property practitioners.

MIP also prints supplements, including the IP Contacts Handbook, Trade Mark Yearbook, Patent Yearbook and Litigation Yearbook.

In June 2001, MIP organized its first IP Forum in London, attended by over 100 delegates.

The website includes a full archive since February 1999, as well as daily IP news from the Legal Media Group website and links to other information sources. Non-subscribers are entitled to a free four-week trial of the current issues contents.


MEMA Brand Protection Council

MEMA Brand Protection Council

The Motor Equipment Manufacturers Association has formed the Brand Protection Council, in association with its market segment associations, AASA, HDMA and OESA.

The Brand Protection Council will, "help address and set the association’s priorities in the areas of counterfeiting, diversion, non-compliant products and intellectual property rights."


International Trademark Association (INTA)

International Trademark Association

In operation since 1878, the International Trademark Association is an international association of trademark owners and professionals dedicated to the support and advancement of trademarks and related intellectual property as elements of fair and effective national and international commerce.

The INTA issued a report on anticounterfeiting measures available in various countries. Prepared by its Anticounterfeiting Enforcement Committee. It is the cornerstone document for INTA's anticounterfeiting strategy for 2004-2005.

Reports on Anticounterfeiting in Selected Countries: 2004 (PDF)

The INTA's 130th annual meeting is set for spring 2008.


Global Business Leaders Alliance Against Counterfeiting (GBLAAC)

 

Global Business Leaders Alliance Against Counterfeiting

International Security Management Association (ISMA)

 

International Security Management Association

World Customs Organization IPR Strategic Group (WCOIPR)

 

World Customs Organization IPR Strategic Group

Imaging Consumables Coalition of Europe (ICCE)

The ICCE was formed in response to increasing awareness of counterfeit products in the distribution chain. This is a non-profit association consisting of members: Brother, Canon, Epson, Hewlett-Packard, ISA France, Konica Minolta, Lexmark, Oki, Orion, Panasonic, Samsung, Sharp and Xerox.

ICCE's website has a particularly wide array of general information resources and links. They also publish a newsletter, "The Genuine Article."

Imaging Consumables Coalition of Europe



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