Practice detention storage and destruction of ip infringing products
Download as PPTX, PDF0 likes368 views
This document discusses a framework for reducing intellectual property infringements in Europe, specifically detailing a twinning project to help develop Serbia's system. It introduces several experts involved in the project, including their backgrounds. The project resulted in new procedures for Serbia's Market Inspectorate to detain, store, and destroy counterfeit goods. It also improved cooperation between enforcement institutions and helped align Serbian law with EU standards. The document outlines recommendations to improve procedures for handling seized counterfeit goods according to best practices.
Practice detention storage and destruction of ip infringing products
- 1. Framework to Reduce IP Infringements in Europe: Presentation of an EU Funded Twinning Project to Develop a Comprehensive System for the Serbian Market Inspectorate: Practice: Detention, Storage and Destruction of IP Infringing Products Enforcement Working Group Meeting 3 March 2016 Michael Poulsen, DKPTO Gavin Terry, Chartered Trading Standards Institute Francesco Loro, Waste Management Expert Erling Vestergaard, Observatory
- 2. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products Introduction Michael Poulsen, DKPTO Head of Department International Project Department at the DKPTO. Eleven years of experience from a national IP office in the field of international cooperation. Team Leader on three extensive EU funded projects in EU pre-accession countries (Poland, Croatia and Serbia) all targeting issues related to IP protection and enforcement.
- 3. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products Introduction Gavin Terry, Chartered Trading Standards Institute Gavin is a fully qualified Trading Standards Officer with over 25 years experience of IPR Enforcement. He holds a Postgraduate Diploma in IP Law and an Interpol IP Crime Investigators Certificate. From 2005–2009 Gavin was seconded to the UK IPO as a special policy advisor on IP enforcement and contributed to the original development of the UK IP Crime Strategy and the establishment of the UK IP Crime Group. Gavin continues to sit on the UK IP Crime Group. In 2009 he was presented with an ACG (Anti- Counterfeiting Group) Lifetime Achievement Award for Excellence in Anti-counterfeiting Enforcement.
- 4. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products Introduction Francesco Loro, Environmental Expert Waste Management Expert at Environmental protection agency of Veneto. Francesco was a member of the technical secretariat of the Italian Ministry of the Environment for the development of the Italian Law on Waste Derived Fuel and hazardous waste classification and management. He also worked as an expert on industrial waste management in EU fundet projects in the Balkans and Baltic Area. Thanks to more than ten years of work in waste sector he has gained an in depth knowledge of EU waste and environmental legislation.
- 5. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products Background • Twinning project ”Enforcement of Intellectual Property Rights” • 1.300.000 € • 24 month duration, February 2014 – February 2016 • Pre-assession measure aimed at preparing Serbia for EU membership • Main beneficiary was the Market Inspectorate of Serbia (MI)
- 6. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products Results • New MI procedures for detaining, storing and destroying counterfeited products and development of case handling system • Formalized platform for cooperation between the institutions working with IPR protection and enforcement • EU acquis alignment of substantive IPR legislation with and drafting of relevant administrative legislation • Analysis of the IP infringement situation in Serbia • Training of 800 officials from the enforcement authorities • Awareness raising material and event implementation
- 7. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products New MI Procedures • A procedure, to formalise the prioritisation process already undertaken by managers in the inspectorate, to rank requests for action in order of importance – similar procedures for prioritising other aspects of the Inspectorates work. • A general IPR Enforcement process covering all aspects of an IPR control from initial request to completion. • A procedure and time frame for the destruction of infringing goods, based on best practise and the legal framework proposed in the Law on Special Powers, currently under discussion.
- 8. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products New MI Procedures • Guidelines on how to handle dangerous counterfeited goods • Administratrive regulation on detention, storing and permanent removal from the channels of commerce of goods that are suspected of infringing intellectual property rights. • The concept of voluntary surrender forms and evidence bags introduced in the MI
- 9. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products What we found • MI active in IP Enforcement • Large quantities of IP Infringing goods in storage • Other seized goods in storage • Legal process slow – MI & RHs • Infringing goods held in store for years • Deterioration • No voluntary forfeiture process – ‘Fast track’
- 10. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products Recommandations • Procedure for seizing & handling IPR Infringing goods • Process control • Integrity • Continuity • Provenance • To accepted ‘best practice’ legal standards • Fast track procedure
- 11. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products Organisation ? Or chaos ?
- 12. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products Recommandations for Control Procedures • Securely seal evidence on site • If possible sort counterfeit goods at time of seizure Sort by: • Trade Mark or Brand • Type of product • Style • Batch
- 13. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products Training seminars for Market Inspectors Day 1: • Introduction to IP Rights • Legal framework • Practical scenarios • Risk based prioritisation model • Ex officio action • Voluntary surrender & forfeiture • Demand reduction strategies
- 14. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products What we found: Hazardous goods
- 15. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products What we found: Hazardous goods
- 16. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products What we found: Hazardous goods
- 17. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products Key issue: • When do counterfeit products or goods become waste? Our finding: • Counterfeit goods have intrinsic value, derived from IP, until the goods are destroyed or debranded. • Goods that are waiting for the verdict of the court cannot be considered waste Upon destruction counterfeit goods become waste and NOT before.
- 18. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products Some important rules on waste management Waste Management in Europe Union is based on: • European Directive 2008/98/CE • Decision 2000/532/CE • Directive 1967/548/CE DPD • Directive 1999/45/CE DSD • Regulation(CE) 1272/20008 CLP and related ATP • Regulation (CE) 440/2008
- 19. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products What is waste? • Waste Management in Europe Union is based on The Waste Framework Directive (EU Dir. 98/2008/CE) that defines a waste as: ”any substance or object which the holder discards or intends or is required to discard” • There aren’t references to economic value: in some case a gold bar or a crude oil barrel could be considered as waste…
- 20. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products Classification of waste Hazardous Municipal waste Based on composition Based on production site Non hazardous Mirror entries Industrial waste
- 21. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products The European Waste Code (EWC) • The EU Decision 2000/532/CE • It is important to use the same name for the same kind of waste • There is specific law that describes how to assign a specific waste code on the basis of the production process • Three couples of number that describe the production process 20.01.01 - PAPER 20.01.11 TEXTILE
- 22. Detention, Storage and Destruction of IPR Infringing Products The current situation in Serbia • Unsorted urban waste collection • Lack of plant able to recovery the materials • Absence of plant for the treatment of hazardous waste • The largest part of the waste are dumped in landfills
- 23. Detention, Storage and Destruction of IPR Infringing Products The shredder machines • 6 shredders installed – 2 in each site – 1 machine for bulky goods – 1 machine for small goods • The machines are industial grade shredder that are usually used for waste treatment
- 24. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products Is it possible to increase the social awareness on IPR? • Some person can think that the destruction of some goods is a wastefulness • Is it possible to «use» the counterfeited good instead of destroy it? • It is necessary at least to debrand the goods • It is necessary an agreement with the producer
- 25. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products Which goods are possible to treat? • CD/DVD • SMALL TEXTILES • FOOTWEARS • DISHES/CERAMIC • SMALL Electric and Electronic Equipment • BOOKS and LABEL • MAKE UP & PARFUMES • EMPTY BOTTLES
- 26. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products Which goods can I treat? • CEMENT • LIGHTERS (FULL) • CAR BATTERIES • INDUSTRIAL VALVES and IRON/ALUMINIUM PROFILES • BOTTLES (FULL) • SPRAY BOTTLES (in pressure) • FLAMMABLE LIQUIDS • EXPLOSIVES
- 27. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products A working plan for counterfeited goods based on separate collection To recover the material it is necessary to sort the counterfeited good on the basis of their composition Treatment as separated batchs Paper goods Plastic goods Textile goods Recovery process
- 28. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products What is necessary to treat in a separate process? All the goods that could contaminate the environment and can be hazardous for the workers • DUSTY MATERIALS • SMALL BATTERIES • SOAP and DETERGENTS
- 29. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products End of good status and waste status
- 30. Detention, Storage and Destruction of IPR Infringing Products If we apply the definition of waste, means that it is necessary to apply also the other rules related to waste. Based on the EU regulation a landfill is: «waste disposal site for the deposit of the waste …, including a permanent site (i.e. more than one year) which is used for temporary storage of waste… The warehouse could be considerd as non- authorized dumping site for hazardous waste What would it happened if we had considered those IP goods as waste before the destruction?
- 31. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products Warehouse organisation
- 32. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products From this….. To that…..
- 33. CP5. StakeholdersStaff training • Guidelines & Procedures for handling hazardous waste • At Irig & Belgrade stores • Formal training • Theory • Definitions & Regulations • Practical hands on training • Lead by experts • Positive feedback from participants Detention, Storage and Destruction of IPR Infringing Products
- 34. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products Legal Alignment Step 1: Draft Alignment of Substantive Laws to Civil IPR Enforcement Direct 48/2004 Step 3: Draft Consolidated Law Step 4: Draft Executive Order Connecting Consolidated Draft Law to Procedures and Guidelines Step 2: Draft MI IPR-enforcement law
- 35. CP5. Stakeholders Detention, Storage and Destruction of IPR Infringing Products Framework to Reduce IP Infringements in Europe • Coherent system for detention, storage and destruction (legislation-executive order- guidelines-training-practice) • Effective cooperation with intermediaries: public utility companies et al • Preventing recirculation of infringing products from e.g. utility companies into the supply chain while utilizing limited government resources more effectively
- 36. CP5. Stakehol Detention, Storage and Destruction of IPR Infringing Products The Future • Are the achievements sustainable? • Will legislative framework ever be passed? • Can the basic model be an inspiration to EU MS struggling with storage and destruction issues?
- 37. ThankYou (+ 34)965139100 (switchboard) (+ 34)965139400 (e-businesstechnical incidents) (+ 34)965131344 (mainfax) information@oami.europa.eu e-businesshelp@oami.europa.eu twitter/oamitweets youtube/oamitubes www.oami.europa.eu CONTACTUS: 37