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| Issue 6, November 2005 |
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If you have trouble seeing this message, please click here Foreword
Dear all, we are very happy to announce the issuing of our e-newsletter! We decided to discontinue the pdf format to keep you updated on a more regular basis, with this bi-monthly electronic and lighter version of our news. Paolo Balistrieri Newsletter contents
1. News
1.1 SNB-REACT has set recycling of counterfeit products into motion! It is in our opinion inevitable that we avoid burning counterfeit products and find socially more acceptable solutions to dispose of counterfeited goods. SNB-REACT has received the cooperation from Dutch customs authorities to send textiles and sports shoes to social workplaces to have the textiles shreddered and send in small pieces as raw materials to producers. The shoe soles will be re-used for other purposes. We hope to introduce the recycling process gradually in other countries as well. 1.2 Portugal, Hungary and Romania: Simplified customs procedure Since a few months, the simplified procedure of article 11 EU Regulation 1383/2003 to follow up a customs detention, is being applied in Portugal and Hungaryas well. SNB-REACT has already applied this procedure, whereby the importer or declarant surrenders the goods voluntarily for destruction, at numerous occassions. In almost all cases the procedure went smoothly without significant opposition. Important side advantage is that simultaneously damages have been claimed succesfully. Other EU countries like Italy and Poland which are not yet applying the simplified procedure have also indicated to seriously consider to introduce the procedure shortly. This will be a great efficiency improvement for the anti counterfeiting fight. Romania also modified the customs enforcement Law and introduced the simplified procedure among some others improvements like: free customs application and no bank guarantees for the future actions. The new regulation will come into force in 60 days. 1.3 The Netherlands - Favourable Court decision In a procedure launched by SNB-REACT on behalf of Polo Ralph Lauren and Timberland against Bakkersport (a former Intersport retailer), the District Court of The Haque rendered a most favourable judgment. One of the owners of Bakkersport, had signed a ce ase and desist letter in 2000 to settle a case. The cease and desist letter covered all members of SNB-REACT. A few years after, Bakkersport again infringed rights of (other) members of SNB-REACT: Polo by Ralph Lauren and Timberland. Bakkersport claimed that the cease and desist letter was not valid (next to the fact that they contested the infringement entirely) because of the fact that it was not signed on behalf of the infringing retail company but by a natural person (by chance the owner and direc tor of the company!). The Court considered otherwise, in our favour and did apply the penalties incurred through the cease and desist letter. This decision is most supportive to the SNB-REACT strategy to obtain generally formu lated cease and desist letters from potential counterfeit traders. 1.4 Operation "FAKE" EU 25 customs seized over 2 million products. Rome, 7-8 November: the Customs from 25 EU countries met for the de-briefing of the first joint Customs operation on Counterfeiting, which took place during 20 days in May. Rome was chosen by OLAF and EC-TAXUD (jointly coordinating the project)to present the event to press, institutions and organizations (REACT was present) for the excellent results carried out by the Italian Customs, with most seizures in the maritime operations. The operation was daily coordinated by a central operational unit at OLAF (OCU) and had one coordinator from each member state, turns during week-ends were also guaranteed. 221 maritime shipments identified as "High Risk" and 60 containers were seized at ports, 140 air consignments were also stopped.Over 2.2 million products seized (1.2 million cigarettes), including textiles, shoes/bags, Medicines and Toys.The operation focused on consignments originating from China and allowed to produce aggregated data on the new counterfeiting routing trends (From China to Africa and EU and from China to Latin America and EU). 2. WCO-IPR Strategic Group News www.wcoipr.org
2.1 WCO-IPR Group discuss the Role of Service Providers On September 7, the Group organized a special event at WCO headquarters in Brussels, inviting service providers from transport sector to discuss their role in anticounterfeiting practices and explore forms of cooperation. It appeared clear that both service providers and right owners are heavily damaged by the trade in counterfeited and pirated goods. The purpose of the meeting and its follow up is to develop a cooperation aimed at minimizing the costs for both, rights owners and service providers, as well as finding ways to exchange information on the trade in infringing goods. 2.2 WCO-IPR Technical trainings - Upcoming events In 2006, the group will continue its efforts to create effective and useful capacity building events for Customs Administrations. UAE Customs officially requested the organization of an event in Dubai which has become such an important transit and transhipment port for counterfeit, the event is planned for the Winter. For the Winter is also planned an event in Mumbai with an awareness training and an anlaysis of the legal, procedural and practical problems which should result in a diagnostic framework. The group is planning to assist African countries and a regional event for Customs officers as well as other enforcement authorities in East Africa is planned. Group member Sara Lee has explored possibilities in Uganda, they will formulate request on behalf of Customs Unions East African Community. Goal will be raising awareness , basic assistance laws are in progress. Kenya is the most ahead. Lastly a regional event is also planned in March in South American Region, likely in Uruguay, involving also Administrations from Argentina, Paraguay and Brasil. 2.3 Thanks to Will Robinson After nine years at WCO Will Robinson, goes back to his home country and will undertake new professional esperiences. We would like to thank him for his precious work and contribution to the group activities. His expertise on intelligence, business partnership issues, the emerging security agenda and anti counterfeiting will be certainly missed by the group. Will shall remain nevertheless in our business as he will run Security Programme in Europe for one of the Business Members of WCO-IPR, British American Tobacco 3. Calendar of events
November 30-December 1, WCO-IPR Internal Meeting, London UK December 13-14, EPO/CARDS Seminar on IPR Enforcement, Skopje, FYROM Planned Winter 2006, Mumbay, India - WCO-IPR Event Planned Mid March 2006, Uruguay - WCO-IPR Event Planned 2006, United Arab Emirates, Dubai - WCO-IPR Event Planned Spring 2006, East Africa Regional Event - WCO-IPR Event 4. Contacts
TEL +31 (0)20-6406363 - FAX +31 (0)20-6406216 SNB-REACT Italy- Via Ponte Vetero 15, 20121 Milan TEL +39 02-80509450- FAX +39 02-86467940 SNB-REACT Portugal - Avinda Duque de Avila,1000-141,Lisbon (2nd Floor, Room Veneza), TEL +351 213575033 - FAX +351 21 3575034 For a detailed list of our partners, please visit our website www.snbreact.org E-MAIL: info@snbreact.org If you do not wish to receive this newsletter anymore, please unsubscribe here |
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