Brussels, 11/10/2005 (Agence Europe) - On 11 October, the European Commission adopted a strategic action plan to improve the efficiency of the fight against counterfeiting and piracy, a global phenomenon which is on the increase and constantly changing (see EUROPE 8884). This action plan will allow controls to be tightened up, particularly on the external borders of the EU, and will boost cooperation between the customs authorities, administrations and businesses, and between the EU and its commercial partners.
The customs authorities are responsible for some 70% of all counterfeit products seized throughout the world, but the Commission feels that it "could do more", and is therefore launching a "new plan for operational controls based on a Community risk-management approach". The idea is to "move on from the current situation, in which confiscations are on the increase (...), to a situation where we are attacking the problem at its root". The Commission plans to present an "anti-counterfeiting risk management guide" in January 2006, which is designed for practical use and will be sent out to the competent authorities. It will implement "a special group of customs experts from the Member States, to improve controls". Joint customs operations and operational seminars between the customs authorities and the economic operators will take place, and a study will be launched into the possibility of using Customs laboratories. Furthermore, the Commission has decided to create a working group by the end of 2005, which will bring together representatives of the business world and customs authorities, to focus on simplified procedures to destroy counterfeit products.
According to the Commission, the customs authorities must get the economic operators more involved (companies which have fallen victim to counterfeiting, airlines and maritime shipping companies, transport companies) with their activities, and the economic operators should provide sufficient information to protect their rights. A practical solution for collaboration has been planned, starting in 2006, in the form of a "Community electronic information system on intellectual property rights". This system, which would make use of various existing tools, would allow the customs services access to lists of companies and intellectual property databases. The Commission is also set to encourage the signature of protocol agreements with the economic operators to step up the quality of controls via an increased exchange of information, and plans to launch information campaigns in the main border points, particularly international airports.
The fight against counterfeiting and piracy "calls for international cooperation" allowing for "intervention at the source of the problem". Bilateral agreements between the EU and its commercial partners are, therefore, of particular importance. In April 2005, the EU and China, the country of origin for around 70% of all counterfeit products seized, signed a Customs cooperation agreement. The action plan provides for staff and knowledge exchanges and the creation of a specific information system. Commissioner Kovács will travel to Beijing in November for the first meeting of the joint committee. Other agreements are planned or being negotiated with India, Pakistan, and the countries of ASEAN and Mercosur. The Commission has also proposed to tighten up article 51 of the WTO Trade-Related Aspects of Intellectual Property Rights (TRIPS). The obligation to impose customs checks on imports in order to fight counterfeiting and piracy would thus be extended to export controls, transit and transfers. The Commission also hopes for close cooperation with the World Customs Organisation (WCO), Europol and Interpol.
“In 1998, Customs seized nearly 10 million counterfeit and fake products", and "over 100 million" in 2004, which represents an increase of 1000%, László Kovács told the press. The Commissioner in charge of Taxation and the Customs Union explained that counterfeiting and piracy lead to "enormous" financial losses, which have been estimated at "5 billion EUR" ("10 times the expenditure under the common agricultural policy", and the loss of 200,000 jobs. Increasingly, counterfeit products come under mass consumption categories: cigarettes, sports accessories, toothpaste, foodstuffs (jam, tea, apples), flowers, medicines (Viagra, anti-cholesterol products), toys, mobile telephones, ink cartridges... Their production on an industrial scale allows mass products whilst keeping the risks down, due partly to increasing sales over the Internet.