ronald brohm snb-react cancun, 1 december 2009 european anti – counterfeiting network
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Ronald BrohmSNB-REACTCancun, 1 December 2009
European Anti – Counterfeiting NetworkEuropean Anti – Counterfeiting Network
Not for profitEurope wide operational support 170
membersLegal, administrative, investigation,
monitoringOver 1.000 seizures monthlyOffices in major European cities and
IstanbulNetwork of agents and partners
SNB-REACT network
Intermediaries and counterfeit trade
1. Landlords, 2. ISP's, 3, Carriers
Unintentional facilitate and disguise tradeBeneficiary!
Our position: at minimal costs intermediaries can prevent
and repressAND protect themselves against claims
Why involve 'third parties'
Number of incidents is too numerous/costly to manage for rights owners and LEAFacilitating and disguising illegal trade should be discouragedThey are the first line of contact with the infringer and in a good position to tackle the problemNot to impose costs but to create fair competition!
Whom to address1. Landlords: offering facilities for retail
traders2. ISP's: providing a platform for sales of
counterfeit goods3. Carriers: shipping fake goods
crossboardersWe ultimately want them to:
- surrender the counterfeits for destruction
- allow the removal from the Internet of the counterfeit offers;
- suspend market retailers from the markets
- disclose the supply chain
Goal and ways
Goal: Create a shared responsibility to protect
consumer and to safeguard a fair economy, and hence, reduce outlets of counterfeiting
Ways:changing their trade conditions with their
clientsDemand for law changes, clarifying the shared
responsibilityInitiating test cases
Freight conditions “principal shall pay all costs arising from a border
detention of counterfeit goods; in such cases the carrier is entitled to abandon the goods for destruction, if the principal does not explicitly objects”
Advantages
– No costly and lengthy proceedings– Reduced storage costs– Immediate access to supplier– Carrier covered against claims– Preventive measure
International lawTRIPS: 41“without compensation of any sorts, disposd
outside the channels of commerce in such a way as to avoid any harm caused to the rights holder”
Presently too often rights holders requested to bear expenses third parties
Carriers better positioned to waive burden on infringer
International transport rules do not stand in the way of this fair practice!!
Test cases REACTCarriers: REACT-China Shipping; Rotterdam
district Court 22.08.06:“demurrage costs have to be paid by principal of
carrier, who should be referred to by the carrier and not rights holder”
(recent case BGH: 17.09.09; an inactive forwarder/shipper may be held liable)
All in line with case law developments IPS's and to a lesser extent landlords
Lobby activitiesSNB-REACT approached
UNECE; governing body of transport treaties
European Union: Amend border regulation 1383/2003
Conclusion– We demand first of all cooperation of third partiesIn rights owners, government's and their own interestBy simple modification of trade conditions– If needed, cooperation from authorities, lawmakers to assist in creating a shared responsibility to fight the counterfeiting problem– This approach will be much more effective than stronger penalties or more LEA
NO room for ignorance
Thank you for your attention• Ronald Brohm• [email protected]• +31206406363• www.snbreact.org