Combating Counterfeiting
in the EU - Taking the right approach
By Peter Lowe, Assistant Director, CIB
CIB
Bulletin December 1998
In publishing its Green
paper on Counterfeiting entitled Combating Counterfeiting and Piracy in the
Single Market, the European Commission has taken a positive step to glean as
much information as possible about the growing counterfeiting problem. The aim
is of course to assess the economic impact of the phenomenon, evaluate the effectiveness
of existing legislation and decide whether new initiatives are called for.
Counterfeiting has certainly
moved up the European Commission's list of priorities , indeed its own Action
Plan approved by the Amsterdam European Council on 16th June 1997 calls for
the Council and Commission to " put in place common provisions to combat
organised crime in the fields of economic and commercial counterfeiting".
Whilst there is little doubt that further steps need to be taken, the question
is really what those steps should be. Through its Green Paper, the Commission
invites interested parties to contribute to its decision making process.
The Commission makes the
point that there is currently insufficient information available about the clandestine
counterfeiting industry and its effects on the Single Market and that a comprehensive
accurate assessment is vital before a suitably tailored response can be arrived
at. To this end it poses 41 questions for interested parties to respond to.
The questions cover key issues relating to counterfeiting. These include the
nature and characteristics of the phenomenon, its economic scale and effects,
legal issues, and possible solutions such as the use of anti-counterfeiting
technologies and sanctions.
The questions posed are
searching and wide ranging. They are deliberately framed to elicit as much useful
information as possible and frequently seek information of fundamental importance.
"In your view is the national, Community and international substantive
legislation on intellectual property up to the task of preventing counterfeiting?"
and "Are the ( the existing enforcement) measures effective from a practical
point of view?" provide a flavour of some of the questions asked.
If the Commission are successful
in getting a wide variety of companies, industry groups and anti-counterfeiting
groups to respond to the Green Paper, the information will provide a vital resource
and influence the direction that the Commission will take in combating counterfeiting.
A hearing in Munich at the beginning of March organised by the Commission and
the German Presid
ency will consider the response to the Green Paper and make
important proposals which will shape the anti-counterfeiting landscape within
Europe for the future
Rights owners and other
interested parties thus have an opportunity of having their voices heard and
influencing developments. The CIB plans to submit a position paper to the Commission
and would be grateful for any views that members may have on any questions raised
in the Green Paper which accompanies this Confidential Bulletin.
ICC
Counterfeiting Intelligence Bureau
ICC Commission on Intellectual
Property