Category / IPR

by Mike Poverello

WTO – Trade in Knowledge

The WTO has launched a new book entitled “Trade in Knowledge: Intellectual Property, Trade and Development in a Transformed Global Economy” on 31 March. At the launch event, a wide cross-section of contributors to the publication discussed how their research and analysis had a bearing on current issues lying at the intersection of development, trade, technology and the diffusion of knowledge.

Drawing together insights from a diverse range of leading international scholars and analysts, the publication explores how to build more inclusive, up-to-date and precise ways of measuring knowledge flows, discusses how more nuanced and effective use of these data may guide policymakers and provides insights into the prospects for knowledge-based social and economic development, moving legacy models and adapting to the realities of the contemporary knowledge economy. The book also proposes ideas for updated systems of governance that promote positive sum approaches to the creation and sharing of the benefits of knowledge as a public good, with a view to informing planning for development.

The book’s table of contents is available here.

Source: World Trade Organisation

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by Mike Poverello

World Cup mania a boon for counterfeiters

FIFA_2018

It’s that time in the sporting calendar when football fans go wild for the FIFA World Cup – it’s also that time when counterfeiters take advantage of the international sporting craze.

Five days into the World Cup and the 2018 game fixture has been besieged with fake tickets, apparel and other merchandise as authorities across the world work to crackdown on the illicit trade.

In Hong Kong, officials launched Operation Goalkeeper at the end of April in a bid to prevent counterfeit items entering the state and have already seized 259,000 knock-off World Cup products worth more than HK$15m (US $1.9m). Five arrests have also been made.

Amongst the infringing items seized were 50,000 pairs of shoes, 29,000 bags and 57,000 jerseys bearing fake FIFA trademarks, World Intellectual Property Review reported.

The confiscated items were found in 12 shipping containers, four goods vehicles and a batch of air parcels.

In China’s Guangdong province more than 130,000 fake merchandise has been seized. Thousands of footballs bearing FIFA World Cup insignia were to be exported to Tanzania, while 4,500 fake jerseys were seized before they could be exported to Malaysia.

Shanghai customs has also confiscated more than 130,000 knock-off items destined for Colombia, and Shenzhen customs seized 4,000 clothing items in April including 3,000 t-shirts and 1,000 hats with infringing logos that were also due to be exported from the country.

Meanwhile, in the UK, more than £240,000 of fake football kit, made up of 12,000 items entering the UK via East Midlands Airport, has been seized by authorities since April, according to Leicestershire County Council.

“Unsuspecting football fans can fall victim to purchasing fake and sometimes unsafe goods during the World Cup,” said county council leader Nick Rushton. “Trading Standards involvement at the border not only protects fans but also manufacturers and retailers from being undercut.”

Host country Russia has also confiscated 270,000 fake products featuring World Cup logos.

It’s not just clothing and merchandise that has generated a flood of replicas; tickets too have been faked.

Around 10,000 football fans from around the world who have travelled to Russia for the World Cup have discovered they have been scammed by purchasing fake tickets. Reports claim that a Russian company, Anji MSK, was behind the fake ticket scam, falsifying a letter from FIFA authorising the company to sell the tickets. The firm, which is no longer reachable, is believed to have netted more than $100m from the scam.

With China being a centre for the manufacture of counterfeits, and with a northern border with Russia, China’s General Administration of Customs committed to cracking down on counterfeits ahead of the 2018 World Cup in Russia. Chinese customs officials, along with counterparts in Hong Kong and Macau have worked on a campaign that has been running since March.

Both the International Trademark Association and FIFA have warned about the presence of fake merchandise, which can range “from footballs to caps, from clothing to toys, and from footwear to miscellaneous items such as pins, keychains, World Cup Trophy replicas and other items that feature FIFA trademarks”.

“FIFA runs a global licensing programme, which gives a wide range of licensees the opportunity to produce official licensed products for the FIFA World Cup. However, there are also companies that seek to produce items featuring FIFA’s official marks without purchasing the required licence,” the global football body said. “For the 2018 FIFA World Cup, FIFA will be working together with customs authorities across the world to be able to use existing structures and know-how in the joint battle against counterfeit products.”

The organisation, which is monitoring IP registers and has set up commercial restriction areas around stadiums, said it would take all measures to stop infringing activity.

In 2014, some seven million fake World Cup items destined for foreign markets were seized by Chinese authorities.

Source: SecuringIndustry.com, article by Katrina Megget, 18 June 2018

by Mike Poverello

Digital Counterfeits? Think again – new break-through in 3D printing

Rize one 3D print

Katrina Megget writing for securingindustry.com has penned the following article which describes the significant strides which the 3D printing has made in recent times. Fears of a proliferation in ‘counterfeit production’ may just be arrested given developments which envisage the ‘embedding of digital rights’ into the 3D printing process.

3D printing has received an upgrade – it can now 3D print secure digital information such as QR codes, which could be used in anti-counterfeiting.

Introduced by Boston-based additive manufacturing firm Rize Inc, the development is the first example of Digitally Augmented Parts; essentially the printing of physical parts with digital information.

3D printing (also known as additive manufacturing), which produces a 3D object by depositing successive layers of a material on top of each other as directed by a computer-generated model, has become one of the fastest growing industries, extending into the toy, automotive, aerospace and medical device sectors, among others.

However, there are concerns that 3D printing could be a threat to brands and businesses through counterfeiting.

Rize’s technology directly addresses this concern by enabling a link between the physical 3D printed product and digital information, thereby integrating Industry 4.0 technologies such as blockchain, augmented reality and virtual reality.

According to the company, the “immutable connection…bridges the gap between the virtual and real world”.

Julie Reece, VP of manufacturing at Rize, explained the technique as embedding ‘Digital Rights Management’ into the functional 3D printed parts “for compliance, authenticity and traceability”.

“A significant challenge in the additive manufacturing industry are parts that are non-compliant due to design changes, piracy, counterfeit and obsolescence, that adversely impact the user and customer experience and result in rework, recalls and loss of brand value,” Reece told 3DPrint.com.

The technology expands on the company’s hybrid 3D printer that it introduced about two years ago. This combines two types of printing to form a multi-material technology that is called Augmented Polymer Deposition (APD), which has been used to make industrial-strength parts such as system components and medical testing equipment.

The enhancement now means 3D printed products can be embedded with secure digital information, such as in the form of a QR code. The QR code can then be scanned and read by a smartphone app, which relays the digital information, such as product, manufacturing and supply chain details, to the user.

Rize said the development is important for 3D parts and components used in more complex, multi-part products because it secures the supply chain and ensures authenticity.

“Additive is a part of a bigger strategy for many companies, which is a digital strategy or an Industry 4.0 strategy but really that digital strategy is not fully realised because when you print the part, the digital link breaks,” Andy Kalambi, president and chief executive of Rize, told TCT Magazine. “The moment the part gets printed on the machine it’s a physical part and there is no digital element left in it. The break of the digital link is a big issue for this industry overall to realise the promise of what is called Industry 4.0.”

On Rize’s website, Kalambi said: “This is the first step towards embedding intelligent capabilities within the part and connecting them through a digital thread into the digital twin of the part. Rize is leading the integration of additive manufacturing into the digital ecosystem, which will redefine the user and customer and experience, and ultimately scale the technology to an entirely new segment of commercial and industrial users.”

The development is a significant breakthrough for industry, which has previously voiced concerns that 3D printing will herald the production of counterfeit copies, emphasising the need for anti-counterfeiting measures.

Last May, scientists from the mechanical and aerospace engineering department at New York University noted there was a need to have anti-counterfeiting features within the computer-aided design model. They suggested a unique combination of processing and printing parameters built into the product’s digital design, which if stolen, would produce a defective product.

Other anti-counterfeiting features suggested for 3D printing include novel material compositions that cannot be easily replicated, or quantum dots, which are nanoparticles embedded in the 3D-printed object that can emit different wavelengths of light and provide a unique manufacturing signature.

Source: securingindustry.com, authored by K. Megget, 10 April 2018, [Picture: TCT Magazine]

by Mike Poverello

eBay Authentication Service for luxury handbags – outlawing counterfeits

counterfeit handbags

[Picture: Ian Law/Shutterstock]

The following article, written by Katrina Megget, was published online by Securing Industry, detailing endeavours of the ‘online marketplace’ in counteracting the online sale of counterfeit products.

E-commerce sites, such as Amazon and Alibaba and including eBay and Groupon, have faced recent criticism for the level of fake products being sold on their platforms and for what, many have described, as poor efforts to stamp out these counterfeit goods.

Online marketplace eBay has officially launched an anti-counterfeiting and authentication programme for luxury handbags sold on its platform.

The service, known as eBay Authenticate which had previously been announced in January (2017), will verify, list and sell high-end handbags from 12 brands on behalf of sellers, with the aim of boosting shopper confidence in the products.

“We’re making it even easier for our buyers to shop quickly and confidently for luxury handbags,” said Laura Chambers, vice president of consumer selling at eBay. “With tens-of-thousands of high-end handbags currently available, eBay is primed to boost customer confidence in selling and shopping for an amazing selection of designer merchandise. We also believe our sellers will love this service, as it provides them with a white-glove service when selling luxury handbags.”

The service, which is only available in the US at present, is opt-in and works by using expert middle-men to ensure goods sold and bought online aren’t fake.

Sellers who have registered with eBay Authenticate, send their handbags to third-party industry experts partnering with the marketplace who verify the bag’s authenticity and then photograph, list, sell and ship the handbag to a buyer on behalf of the seller.

Verified handbags will be marked with an “Authenticity Verified” label and backed by a 200 per cent money back guarantee. Non-verified products will be returned to the seller at no charge.

Media reports suggest prices will be set by the expert rather than the seller, and will be based on eBay sales over the past 90 days.

The seller will receive 80 per cent of the final selling price, which eBay said was nearly twice as much as comparable online services.

The service is available for luxury handbags and wallets valued at more than $500 and currently includes 12 high-end brands, Balenciaga, Burberry, Celine, Chanel, Christian Dior, Fendi, Goyard, Gucci, Hermes, Louis Vuitton, Prada, and Valentino.

An introductory, limited offer will see the service accept luxury handbags valued at $250 and above until the end of January where sellers will receive 90 per cent of the final sale price.

eBay, which has 171 million active buyers worldwide, is looking to expand the programme to other brands and product categories in 2018.

According to the online marketplace, a woman’s handbag is purchased every 13 seconds on eBay in the US. But there is growing competition from other online retailers that focus on pre-owned fashion and accessories, such as The RealReal and Tradesy, which offer authentication services to keep fakes off their sites.

eBay had originally announced plans for the authentication service back in January. At the time of the announcement, Chambers said: “We know that many shoppers may be hesitant to purchase high-end products online. This service is designed to help quell some of those concerns and – in turn – enhance the opportunity for our sellers to get top dollar for their items.”

According to eBay, less than a fraction of a percentage point of all items listed on eBay are identified as potentially fake. But that hasn’t stopped infuriated brand owners taking action against eBay – the online marketplace has previously been sued by luxury brands LVMH and Tiffany & Co.

Feeling their reputations at risk, both Amazon and Alibaba have introduced a number of measures and have even sought legal action against counterfeiters to prove they are taking the issue seriously.

eBay’s authentication move shows it is following suit. The firm already has a number of detection and enforcement tools to fight fakes, including the Verified Rights Owner (VeRO) programme, which allows more than 40,000 rights owners to quickly report possible counterfeit goods.

Source: securingindustry.com, Katrina Megget, 18 October 2017.

by Mike Poverello

International Shipping Federations take on Counterfeit Goods Trade

bascap

Leaders from global shipping firms, freight forwarders, brand owners whose products are counterfeited and industry organizations representing both industries signed a joint Declaration of Intent to Prevent the Maritime Transport of Counterfeit Goods in Brussels last week.

The event marked the first time the global shipping industry and brand owners have made a public commitment to work together to stop the transport of counterfeit goods on shipping vessels.

Initial signatories include the leading global shipping firms and freight forwarders and ten major multinational brand manufacturers, along with the International Federation of Freight Forwarders Associations (FIATA), and the International Chamber of Commerce’s (ICC) Business Action to Stop Counterfeiting and Piracy (BASCAP) and Commercial Crime Service (CCS).

More transporters, brand owners and their industry associations are expected to join the voluntary initiative as awareness grows.

According to the United Nations Office on Drugs and Crime, about 90 percent of all international trade is moved around the world in more than 500 million containers on 89,000 maritime vessels. While this represents approximately 90 percent of all international trade, UNODC says that less than two percent of these containers are inspected to verify their contents. This results in enormous opportunities for criminal networks to abuse this critical supply chain channel to transport huge volumes of counterfeit products affecting virtually every product sector.

According to a recent OECD/EUIPO report, $461 billion in counterfeit goods moved through international trade in 2013, with almost 10 percent being shipped on maritime vessels.

Maersk Line and CMA CGM Group, two of the largest global transport companies with approximately half of all global shipping, and Kuehne and Nagel and Expeditors, two of the leading freight forwarding and logistics companies with total revenues of more than $27 billion, were the first in their industries to sign the Declaration.

The non-binding Declaration acknowledges the “destructive impact” of counterfeits on international trade. It calls on the maritime transport industry to address it “through continuous proactive measures, and corporate social responsibility principles.” The Declaration includes a zero tolerance policy on counterfeiting, strict supply chain controls and other due diligence checks to stop business cooperation with those suspected of dealing in the counterfeit trade.

This commitment paves the way for new voluntary collaboration programs between intermediaries and brand owners to stop abuse of the global supply chain by counterfeiters.

“We are proud to be among the first in our industry to sign this historic Declaration,” said Michael Jul Hansen, Customs and Trade Compliance Lead for Maersk Line. “Maersk has been a leader in taking steps to prevent the use of our vessels for the shipment of counterfeit and other illicit goods, and this Declaration is a reaffirmation of our intent to do everything we can to ensure our ships are counterfeit free.”

The Declaration is a direct reaction to the concerns of brand owners that vessels transporting their legitimate products were also being exploited by criminal networks to transport fake versions. This phenomenon was summarized in a landmark report on the Role and Responsibilities of Intermediaries: Fighting Counterfeiting and Piracy in the Supply Chain, published in 2015 by BASCAP. Following publication of the report, BASCAP organized a working group of its members to initiate a cross-sector dialogue with the transport industry to discuss ways to work together to find voluntary solutions. Source: Maritime Executive 

by Mike Poverello

EU Gets Tough on Counterfeit Goods

European Parliament By Cédric Puisney (via Wikipedia)

European Parliament
By Cédric Puisney
(via Wikipedia)

On 25 February 2014 the European Parliament gave its approval to the Proposal for a Directive of the Parliament and of the Council to approximate the laws of the Member States relating to trade marks (recast).

The interesting new provisions contained in the proposal include certain measures which numerous organizations and enterprises across a broad range of sectors have long been calling for, in that they are intended to put an end to the freedom of transit of counterfeit goods through the customs territory of the EU even when those goods are destined for a country outside the Union. The measures approved in this regard are, specifically, the following:

  1. The holder of the trademark right may prevent goods coming from third countries and bearing a counterfeit trademark from entering EU territory.
  2. The holder of the right may take appropriate legal steps and actions against counterfeit goods. These include the right to request national customs authorities to implement measures to detain and destroy such goods under the new customs Regulation (EU) No. 608/2013.
  3. The holder of the right may also prevent the entry into the EU of small consignments of counterfeit goods, particularly in the context of sales over the Internet.

A small consignment is defined in Regulation (EU) No. 608/2013 as a postal or express courier consignment containing three units at most or having a gross weight of less than 2 kg.

Parliament proposes that in these cases the individuals or entities who ordered the goods should be notified of the reason why the measures have been taken and similarly be informed of their legal rights vis-à-vis the consignor.

The provisions thus approved in connection with small consignments follow on from the recent judgment of the Court of Justice in case C-98/13, published on 6 February 2014, in which it was held that, even where the sale of goods for own use had taken place through a website in a non-member country, the holder of the intellectual property right could not be deprived of the protection afforded by the customs regulation and the consequent power to prevent those goods from entering the European market, without there being any need first to ascertain whether the goods had previously been the subject of an offer for sale or advertising targeting European consumers.

In conclusion, the European Parliament has taken a great step forward in the fight against counterfeiting on all fronts and not just inside its territory. Source: ELZABURU

by Mike Poverello

Drop in fake goods seized by EU Customs

Fake goods being destroyed

Fake goods being destroyed

Customs in the European Union (EU) detained almost 40 million products in 2012, suspected of violating intellectual property rights (IPR), with an original goods retail value of just under €1 billion, according to an annual report published by the European Commission.

The previous year, close to 115 million ’fake’ items had been seized, worth more than €1.27 billion. However, the number of recorded cases for detained goods last year was down only slightly on 2011.
This is thought to be due to the strong growth in small shipments of counterfeit merchandise ordered via the Internet.

Globally, 30% of the goods seized were cigarettes followed by a miscellany of goods (11%), packaging materials (9%), clothing (8%), toys (4%) and perfumes and cosmetics (3%). The vast majority were destroyed.

In terms of the number of cases, most of the detained goods had been shipped by air, post and express, whereas maritime container transport was the main mode for the number of articles seized.

In over 92% of all cases, Customs action was triggered whilst the goods concerned were under an import procedure.

“Customs is the EU’s first line of defence against fake products which undermine legal businesses,” said Algirdas Šemeta, Commissioner for Taxation, Customs, Anti-fraud and Audit.

He stressed that the annual report illustrated “the intensity and importance of the work being done by Customs in this field. I will continue to push for even greater protection of intellectual property rights in Europe, through our work with international partners, the industry and Member States.”

China was by far the principal origin of the fake goods. However, other countries were the primary source for specific product categories. For example, Morocco for foodstuffs, Hong Kong for CD/DVDs and tobacco product accessories (electronic cigarettes and the liquid fillings for them), and Bulgaria for packaging materials. Source: EU Commission

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