BASCAP views on current issues
BASCAP 25 Best Practices for IPR Enforcement
BASCAP has developed a set of "25 Best Practices for IPR Enforcement" (or BASCAP 25), to provide a set of common elements that should be included in an effective IPR enforcement regime. It provides a basic 'check list' that can be used to evaluate if the necessary regulations are in place to tackle issues that have historically undermined effective IPR enforcement. The 25 best practices are drawn from an analysis of the essential elements of an effective and functioning IPR enforcement regime, and they include lessons learned from BASCAP's publication of recommendations tailored for Russia, Ukraine, Turkey, India and Kenya - all of which call for stronger and improved enforcement of IPRs.
Read more about BASCAP 25 here
Roles and Responsibilities of Intermediaries
The BASCAP paper on 'Roles and Responsibilities of Intermediaries: Fighting counterfeiting and piracy in the supply chain' sets out steps that intermediaries can take to help eliminate global supply chain vulnerabilities that allow infiltration of counterfeit and pirated products. The paper sets out cross-cutting measures and best practices that will help intermediaries-ranging from express shipping companies to online search engines and market places-ensure that their systems are capable of eliminating the infiltration of counterfeit goods and pirated content.
Click here to learn more about the Roles and Responsibilities of Intermediaries
Inclusion of IP in Free Trade Agreements
BASCAP strongly encourages the inclusion of robust IP enforcement regimes as a priority in IPR Chapters of FTAs. In view of the on-going negotiations of the Transatlantic Trade & Investment Partnership (TTIP), BASCAP submitted a position letter calling for inclusion of robust IP enforcement regime as a priority in IPR chapter of TTIP.
Read more: BASCAP calls for solid IP enforcement provisions in TTIP negotiations
Free Trade Zones (FTZs)
The reduction of barriers and regulatory oversight associated with Free Trade Zones (FTZs) contributes significantly to the international trafficking of counterfeit goods. BASCAP has been working with international agencies to improve legal frameworks governing FTZs and eliminate the trade in counterfeit and pirated goods in these areas.
Proceeds of crime
The United Nations Interregional Crime and Justice Research Institute (UNICRI) and the ICC Business Action to Stop Counterfeiting and Piracy (BASCAP) released a report in April 2013, advocating the confiscation of the proceeds of crime as an effective tool which governments can implement against the infiltration of transnational organized crime into the illicit business of counterfeiting and piracy.
Criminal sanctions in Europe
BASCAP urges for criminal sanctions in Europe as a component of its strategy to fight against counterfeiting. Dissuasive sanctions across the EU include mandatory prison sentences and confiscation of criminal assets.
Goods in transit
BASCAP submitted views on the issue of suspected counterfeit goods in transit under the revised EU Regulation on customs enforcement of intellectual property rights arguing that suspected counterfeit goods in transit must be covered effectively. Under the current revision of the Community Trade Mark Regulation (CMTR) and the Trade Mark Directive (TMD), BASCAP continues to advocate a strong legal framework for more effective enforcement against counterfeit goods in transit.
In response to the Australian government's proposed plain packaging legislation, BASCAP has submitted several papers and a press release arguing that enactment of this bill would create a dangerous precedent that will have far-reaching impacts on the rights of trademark owners, on intellectual property rights in general, and most important, on Australian consumers.
BASCAP has worked closely with the European Observatory on Infringements of Intellectual Property Rights since it was created by the European Commission in 2009 as the Observatory on Counterfeiting and Piracy. BASCAP members have been actively engaged on the three Observatory Expert Working Groups - Statistics, Legal and Public Awareness - and on BASCAP's consumer research and the "Fakes Cost More/I Buy Real" campaign. As a result of this close partnership with the Observatory, BASCAP was invited to participate in a stakeholder consultation process to provide input to the Office for Harmonization in the Internal Markt (OHIM) on the future mission, objectives and work programme of the Observatory.
The final version of the Anti Counterfeiting Trade Agreement (ACTA) report for strengthening the enforcement of intellectual property rights was released on 3 December 2010. The high-level international framework began three years earlier when Canada, the EU, Japan, Korea, Mexico, New Zealand, Switzerland and the United States announced their intentions to draft the agreement.