Brussels, 29/07/2008 (Agence Europe) - Over the course of the next few days, the French Presidency will provide its partners in the Council with a draft resolution developing a cross-disciplinary approach to tackling counterfeiting and piracy. The Presidnecy hopes that this initiative will gather sufficient consensus to be swiftly negotiated by national experts, so that it can be adopted definitively at the Competitiveness Council at the end of September. The resolution builds on the “counterfeiting” section of the recent European Commission communication on industrial property (see EUROPE 9706).
The French authorities want the resolution to cover the following issues: - setting up a European monitoring centre within the Commission to study counterfeiting and to help the exchange of best practice among member states; - setting up a rapid information exchange network on counterfeit goods; - activities to raise awareness among consumers of counterfeiting and piracy, through creating a European day and drawing up operational guides on the issue; - developing partnerships between the public and private sectors; - enhancing international cooperation.
ACTA. With regard to enhancing international cooperation, particular reference will be made to the Anti-Counterfeiting Trade Agreement (ACTA), which the EU is currently negotiating with 12 other countries (Australia, Canada, Japan, Jordan, Mexico, Morocco, New Zealand, Singapore, South Korea, Switzerland, the United Arab Emirates and the United States) (see EUROPE 9681). This agreement will contain customs, civil and criminal measures. ACTA negotiations have, according to one expert close to the matter, got to the crux of the matter. Civil measures on procedures that a company which believes it has been injured can use to have its intellectual property rights (IPR) respected were at the heart of discussions in Washington on Tuesday. In the European Union, directive 2004/48/EC sets minimum rules in this area. “The balance is delicate,” however, warned the above-mentioned expert: member states are very sensitive and could be tempted to negotiate directly with other third countries if the scope of the directive is exceeded. Hitherto, there is no acquis communautaire providing for criminal sanctions against counterfeiters. (M.B./transl.rt)