Combating Counterfeit and
Substandard ICT Devices
(Geneva, Switzerland, 17-18 November 2014)
Intergovernmental Initiatives Against
Counterfeit and Substandard ICT
Products – Strategic Goal VI of WIPO
Ms. Louise van Greunen, Director
Building Respect for IP Division, WIPO
Louise.vangreunen@wipo.int
Geneva, Switzerland, 17-18 November 2014
Intergovernmental Initiatives Against
Counterfeit and Substandard ICT
Products – Strategic Goal VI of WIPO
Ms. Louise van Greunen
Director, Building Respect for IP Division, WIPO
ITU Event on « Combating Counterfeit and
Substandard ICT Devices » , November 17, 2014
Definitions
Counterfeit
Article 61 of the TRIPS
Agreement
Substandard
Below an established
or required standard
Article 61 of TRIPS
Criminal procedures and penalties at least in cases of
wilful trademark counterfeiting and copyright piracy on a
commercial scale
Definitions: Article 51 fn 14
Counterfeit trademark goods: goods and packaging –
unauthorized trademark – identical or substantially
similar – infringing rights in country of importation
Pirated copyright goods: copies – directly or indirectly
- without consent or authorization - infringing rights
(copyright or related right) in country of importation
Public demand: “Fakegifts.com”
DiPadova - largest Internet site dealing in counterfeit
goods: Rolex, Cartier, Mont Blanc...
he said: “… and even if they shut down one site, I'll put up
another. I’m very much aware of what I'm doing, but the
money is good, I'm going to keep doing it”
sentenced (14.12.01) - 24 months prison + 3 years
supervised released + US$ 14 million in restitution to TM
owners
WHY? Understanding consumer attitudes and
behaviours
CF purchaser profiling (BASCAP Study summary)
« Happy Purchasers »
These consumers feel CF is a « smart purchase » - good copies.
They usually purchase sophisticated products (fashion, electronics,
software…) in small quantities. Among highest income levels.
« Innocent Purchasers »
These consumers feel they have a « moral
right » to purchase CF as they are in what they
regard a difficult personal situation. They are
commonly found in emerging markets, as well in
more developed markets among lowest income
levels.
« Robin Hoods »
Refuse to accept the system - consider branded products overpriced
and contest the margins, distribution system and taxes. Strong
feelings against big corporations and see no point in protecting their
interest.
« Genuinely frustrated »
These consumers would like to have original
goods, but can’t afford it. They buy CF out of
frustration but are not really happy about it and
feel embarrassed to admit they don’t have the
« Struggling Consumers »
means to buy original goods. They sometimes
These consumers belong to the lowest income level categories. They
« explain» their purchase behavior by a
normally work hard to provide for their family. Counterfeiting is not an
« justification speech » on exaggerated margins,
issue and they are unable to distinguish between a genuine product
good fake quality and grey market distribution
and a fake. They concentrate on their basic needs.
system.
TOP REASON
BASCAP Study: DRIVERS
1%
3% 2% 1%
Cannot afford the genuine product
5%
They think genuine products are overpriced
5%
They don't know it's not genuine
35%
It would be ridiculous or stupid to pay the full price of
genuine products
6%
Because the don't have access to the genuine products
CF product "do the job" just as well as genuine ones
They are constantly offered those products by sellers
CF products are more easily accessible than genuine
21%
They want to help CF products sellers
CF sellers are more willing to serve their customers than
regular retailers
21%
According to you why would a person likeyourself buy certain CF products? Select THE reason you find most relevant
TOP DETERRENT
4%
BASCAP Study: Deterrents
3%
4%
They can damage your health or safety
If you buy genuine you'll have better
service and warranty
5%
34%
You waste your money
5%
Your money goes to criminals
Poor quality can damage the equipment
you own
You set a bad example to children around
you
9%
You can get into trouble with the police
You steal from the original companies
You contribute to damaging the economy
10%
15%
11%
You support a business based on stealing
others' idea or art
WIPO – Strategic Goal VI
Program 17: Expected Results
Create and enabling environment that promotes respect
for IP - balanced policy dialogue - Recommendation 45
(WIPO Development Agenda)
Strengthened legal frameworks and capacity building strategic and coordinated - right holder cooperation
Integration of IP issues in enforcement related activities
of partner Organizations and strategic cooperation
Recent activities: WIPO/ACE/9/2
Advisory Committee on Enforcement
(WIPO Assemblies - September 23 to October 1, 2002)
One single Committee in charge of global enforcement
issues with objectives:
•
•
•
•
•
Coordination with certain organizations and the private
sector to combat counterfeiting and piracy;
Public education;
Assistance;
Coordinate national and regional training; and
Exchange of information.
Sessions of the ACE
www.wipo.int
1st Session: 2003
2nd Session: 2004 - The role of the judiciary and the
prosecution in enforcement activities
3rd Session: 2006 - Education and awareness-building,
including training
4th Session: 2007 - Cooperation and coordination at the
different levels – criminal enforcement
5th Session: 2009 – Contribution of, and costs to, right holders
in enforcement, taking into account Recommendation No. 45
of the WIPO Development Agenda
6th, 7th and 9th sessions of the ACE –
2011, 2012 and 2014, respectively
A literature review of methodologies and gaps in the existing
studies;
Identification of different types of infractions and motivations for
IPR infringements, taking into account social, economic and
technological variables and different levels of development;
Targeted studies with an aim to developing analytical
methodologies that measure the social, economic and commercial
impact of counterfeiting and piracy on societies taking into account
the diversity of economic and social realities, as well as different
stages of development;
Analysis of various efforts, alternate models and other possible
options from a socio-economic welfare perspective to address the
counterfeiting and piracy challenges.
9th (2014) and 10th (2016) sessions of the
ACE
Practices and operation of alternative dispute
resolution systems in IP areas
Preventive actions, measures or successful
experiences to complement ongoing enforcement
measures with a view to reducing the size of the
market of counterfeited or pirated goods
ACE exhibition
Awareness raising
Awareness raising
Promotional Material
i respect !
ip rights
Cooperation
Global Congress on Counterfeiting and Piracy
WIPO / WCO / INTERPOL + private sector
partnership
http://www.ccapcongress.net/
Cooperation with various other IGO’s and
NGO’s
WIPO/UNEP Regional Workshops on
the Disposal of Counterfeit Goods
http://www.wipo.int/export/sites/www/freepublicatio
ns/en/patents/948/wipo_pub_948_4.pdf
WIPO Report p 67: Telecoms Devices
“Growth sectors in mobile device e-waste recovery
include:
Gathering focus on battery and printed circuit board
e-waste within mobile devices
Increasing use of chemical separation techniques
Decontamination of mobile device waste streams
Recovery of silver from mobile devices”
Thank you!