FIRST WCO IPR STRATEGIC GROUP MEETING
COPENHAGEN 14-15 JUNE 2000
(Concept Minutes)
Session 1. Opening and understanding the scale of the problem.
Mr. Steffan Hansen (check spelling + functie from Danish Customs) welcomes the participants of this meeting and wishes the meeting a fruitful outcome.
Chairman Philippe van Eeckhout (BIC) opens the meeting and thanks Kenneth Chan (Hong Kong Customs), Michael Smith (US Customs), Graham Hagger (IFPI), Anneclaire Mohr (Intel) and Delphine Sarfati (Union des Fabricants) for coming as new members of the Group.
The key note address of Jeremy Newman (Rouse & Co International) on the importance of understanding the global dimension of counterfeiting and an objective assessment of the Customs response. See attachment. It consists of an evaluation of the WCO programme, the effectiveness of customs, a strategy for a long term engagement and the relation of the group towards other institutions.
Suggestions for future
Exchange Customs experts
Following the contribution the group identified that the Polish seminar which combined training on the spot and a follow up with foreign customs experts is a very profound approach which is surely suitable to be repeated in the future. Another good approach which could be tested is to invite the key customs officers of a target country for a short stage with customs of more experienced countries.
Minimum standards companies
A clear problem has proved to be that not all companies can take action in all circumstances while the customs of a host country expect this. The suggestion is that each company participating to a training session will provide insight to the customs officers in which cases to follow up the notifications. This should in fact be part of the contribution made by the companies at the training session.
Address by Roy Murphy (IFPI): main trafficking routs and key strategies
First he explains how IFPI world wide operates, by methodology of gathering information, research and analyse. Using Intelligence Database and Pirate Product Database.
Michael Smiths’ (US Customs) presentation is attached. It stresses the
Importance of a data-base (information)
Trademarks recordation system in with US Customs
The role of Right owners to provide up to date information.
Session 2. Achievements so far and immediate plans
Michele Lagarde (French Customs) gave a summary of the achievements of the WCO IP group so far. See attachment. He finalised by pointing out the importance to come up in December of this year with a worked out plan and a summary of the concrete results.
Will Robinson explains the offer made by the European Patent Organisation. EPO is willing to fund 10 training seminars in Eastern Europe (see attached draft time table). REACT would organise the sessions in conjunction with the WCO. The EPO has the funds available but not the manpower to organise these events. For the programme a typical agenda (see attachment) will be followed. The programme will vary according to the enforcement situation in each country.
This is a unique opportunity to provide a comprehensive programme to an important region in a well set time frame. The programme will consist of:
a needs assessment of the enforcement situation in advance;
a brochure with all the details like the brochure used for the REACT-WCO roadshows
a training programme with a clear set mission for companies to provide exactly the information needed by customs officers: usual routing, invoices, registrations, identification features and when to follow up cases;
company representation preferably by international and local contact persons
establish follow up through electronic communication and appointed contact persons
a set of recommendations how to improve enforcement situation, for example stress the need of the centralisation of customs notifications
WCO-EPO programme: The group agrees with the approach and the collaboration with the EPO. REACT will be mentioned as organising party.
For communicating the work of the WCO IPR Strategic Group to the outside world, the following suggestions are mentioned:
Publish policy strategy
World status report
Design (adjust) web site
Jorli Bak Hansen explains that it is not self evident that Customs takes up anti counterfeiting as a high priority. One has to explain Customs the consequence of counterfeit on the local, country and world economy. Loss of jobs, loss of tax income etc. Furthermore he shows on a map the ports of Izola and Koper from where containers from China go into Slovenia from there to the rest of Europe. The Slovenian Customs has asked for training. This fits well into the EPO-WCO programme for Central Europe. Roy Murphy confirms this, he received an e-mail with the same request.
Slovenija: training seminar will be fit into the WCO –EPO programme preferably in September. Roy Murphy will report to the secretariat the results of his meeting with his Slovenijan contacts. Michel Lagarde will report to the secretariat about the current enforcement legislation
General idea of a web site with procedures and enforcement situation in all countries.
Pro’s/contra’s for a system like this:
Safety (protection) of information
Working with facts is ok but commenting on political situation is dangerous
Sharing info by industry will be difficult
Maintaining database.will be a problem
IFPI has already a database with country reports. REACT is preparing reports about the customs procedures in the European countries including follow up procedure after a customs notification.
The website must be adjusted and extended, which subjects (policy, strategy, contact persons, bulletin board, open information, create html page etc.) and how to go further. Laurent Paichot (SWF) will act on this and make a proposal, draft ready in September?????
World Status report: REACT prepares a summary of the customs protections, applicable rules, practice, administrative formalities and follow up procedure of the European Countries to start with. The country information available with IFPI will be used for this.
REACT will make a proposal for an outline and distribute it for comment. (enclosed).
Web Site with procedures world wide: Look on existing databases first. Roy Murphy will send copy to Daniel Lucich of the database used by IFPI for gathering general and specific information per country. Roy Murphy first has to seek internal approval to share the system and how to protect the confidential info. Daniel Lucich will investigate the possibilities for WCO-IPR use.
Session 3.
Ideas for improvement in IPR enforcement in South East Asia
Howard Cottrell (CDR International) gives an introduction about a report CDR produced concerning counterfeit in China for Government Development Research Council (DRC).
Canvassed State Council of Legislative Affairs, T.S.B. (State Bureau of Quality and Technical Supervision), AIC (State Administration for Industry & Commerce), Industry Chiefs. See attachment.
Kenneth Chan (Hong Kong Customs) presents the very advanced system of IPR protection by Hong Kong Customs. See attachment.
The question was then raised :
How can we use the good practice from Hong Kong Customs to other customs in the region?
Is Republic of China ready for action?
With regard to the first question the suggestion was made to invite Hong Kong expertise for training in Indonesia.
China
The group received most valuable reports from IFPI following a questionnaire about the enforcement situation in China and CDR. Group agreed that we should start with a programme in China. Regional approach making use of expertise Hong Kong Customs
Training in 4 most important ports, concentrate on Shanghai, Ghounzou first.
Training the trainer is an option to improve results.
Focus on export
EU programme is for mix of branches; politicians, lawyers etc. not direct for Customs
Try to contact direct with Customs, worth doing. Involve US Customs they have expertise in China.
Jeremy Newman and Philippe van Eeckhout will draft a proposal which will be ready in September.
EPO/WCO seminars: further contact will be within next few weeks.
There are 2 WCO seminars planned: Dubai in October, Indonesia in November.
Dubai is in progress; invitation letter has been sent, draft agenda/programme has still to be sent. Will Robinson will email draft agenda to secretariat/Ingrid van der Hoek. In Dubai they have the disposal of sophisticated equipment. The main object is to change minds by education and enhance the profile of Customs. John Bohnet (MPA) offers assistance in Dubai. John Bohnet (MPA) and Daniel Lucich (BSA) did not receive invitation letter for Dubai.. Ingrid van der Hoek/secretariat will send them a copy and will check the address list (WCO-IPR) and in future will send info about seminars to the major Customs as well.
Indonesia, Will Robinson suggest for venue location Djakarta, Bali (extra cost USD 16.000,-) or Batam? Members prefer Djakarta. Officials made the request for a seminar. Will Robinson has draft proposal for seminar and is in contact with officials. Draft proposal will be emailed to all members . N.B. suggested date is now 20 November
IFPI and Rouse&Co volunteered for organisation as they have experience in Indonesia. Roy Murphy sents copy of report to Will Robinson, report is quite confidential and only for members. IFPI will handle for the organisation under their name on behalf of WCO.
Panama is worked on by Philippe van Eeckhout, collecting information. This information is attached to these minutes. WCO seminar in Panama is planned for next year. US Customes (Michael Smith) is prepared to cooperate in organisation via official WCO lines.
Recommandation by John Bohnet (MPA) to close down the old account (WCO-IPR). Will Robinson will see into it.
Suggestions for renewing or adjust the WCO video. The existing video is made by Dutch Customs, they will have the master and copyrights. Roy Murphy is willing to show the video to an expert and to explore what the possibilities are and the cost (adjusting/renewal or to make a whole new one). Video exists in 3 languages: English, French and Spanish, this remains.
WCO folder is outdated (wrong addresses and contact persons) and has to be reprinted in time, for the moment use stickers with right addresses and names.
Nikki Sheath will make a list of expert Customs officials, technical and practisioners.
Pakistan: Christine Ray mentions Pakistan as a problem, same for Timberland and Adidas as far as she knows. Are there any possibilities? Pakistan and India are big in fake medicines as well. Will Robinson has contact with Mr. Shamid Amad (?) in Brussels and will inform if and how to get to the right officials.
Closure:
The Federation of the Swiss Watch Industry (Laurent Paichot) is ready to host the next meeting in Bienne, Switserland, on September 27, 2000.
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