IPR ENFORCEMENT Markéta Krčmářová Head of the IPR Department General Directorate of Customs ASEM Meeting, Prague, 15 th May 2013
Content of the presentation � Counterfeiting, piracy and other IPR infringements – a global problem � Czech Customs ´ IPR competences � IPR competences pursuant to EU legislation � IPR competences pursuant to national legislation � Current EU IPR challenges in the Customs area � Statistics � Interesting seizures
Counterfeiting, piracy and other IPR infringements – a global problem � Impacts on health and security of citizens, but also on employment, innovations, wages and profitability � New threats and trends to tackle, e.g. internet IPR crime, “transit” problems, good quality and concealment of fakes … � Lack of experienced staff and financial resources
Czech Customs ´ IPR competences � EU legislation – in relation to Customs proceedings � National legislation – anti-piracy law, consumer protection act and criminal code
IPR competences pursuant to EU legislation Competences to: � detain the suspected goods � decide on destruction on the basis of so called simplified procedure � decide on destruction or handover for humanitarian purposes (on the basis of the court decision) � impose sanctions (fine and forfeiture)
IPR competences pursuant to national legislation � Administrative proceedings in the area of protection of consumers – no simplified procedure and no court decision � Criminal proceedings – specialized Customs authorities authorized to perform acts in criminal proceedings in the position of a police authority
Current EU IPR challenges in the Customs area � EU IPR Customs Action plan 2013 – 2017 – main initiatives: � significant change in EU IPR procedural legislation - new IPR regulation � new information tool - COPIS (anti- Counterfeiting and anti-Piracy Information System)
Statistics Quantity of IPR infringing goods detained in the Czech Republic In 2008 - 2012 (in pc/pairs) 3,822,021 4,000,000 3,500,000 2,722,336 3,000,000 2,414,506 2,500,000 2,000,000 1,689,818 1,639,910 1,500,000 1,000,000 500,000 0 2008 2009 2010 2011 2012
Statistics Value of IPR infringing goods detained in the Czech Republic in 2008 – 2012 (in CZK) 4,287,505 4,500,000 3,973,746 4,000,000 3,500,000 2,744,839 3,000,000 2,545,214 2,500,000 1,787,278 2,000,000 1,500,000 1,000,000 500,000 0 2008 2009 2010 2011 2012
Statistics Origin of IPR infringing goods detained in the Czech Republic in 2012 Country Number of pc/pairs China 488 822 Hong Kong 89 121 Saudi Arabia 56 400 India 8 063 Bangladesh 5 120 Singapore 1 572 Turkey 1 521 Switzerland 928 Lebanon 680 New Zealand 590
Interesting seizures Watch counterfeits 13 000 ps of faked watches (Rolex, Breitling, Tag Heuer, Rado, Hublot and many others) were detained in 2012 in one market place in Prague.
Interesting seizures Footwear counterfeits 26 000 pc of faked Crocs brand shoes were detained in 2012, together with their production machines, in Central Bohemia.
Interesting seizures Glassware counterfeits Thousands of faked glassware bearing illegally the trademarks of VERSACE have been detained this year in the several market places in Western and Northern Bohemia and in Prague.
Interesting seizures Faked electronic cigarettes and fragrances The “hit” of 2012 were thousands of electronic cigarettes and fragrances bearing faked brands as Dunhill, F1, Red Bull, Marlboro, L&M, Davidoff, Pall Mall, Camel and many others, detained in Prague and Ostrava airport.
Interesting seizures Spare parts counterfeits Total of 151 356 pc of vehicle spare parts (infringing IPRs of AUDI, VW and Philips) declared to free circulation in the Czech Republic have been revealed this year.
Interesting seizures Beverage counterfeits Early this month, in a container from Asia, 1080 pc of beverages suspicious of infringing Red Bull trademark have been found.
Interesting seizures Faked switchboards Last year the Czech Customs detected the cases of faked switchboards bearing the Honda trademark which were sold by the counterfeiters directly in their cars.
Interesting seizures Faked chain saws Similar cases of seizures of faked chain saws have been registered by the Czech Customs since 2009.
Interesting seizures Faked souvenirs Fakes of souvenirs of Prague ´ s astronomical clock infringing a design were detained in 2011 in the centre of Prague.
Thank you for your attention.
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