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Building Respect for IP – Current work of WIPO
Transcript of Building Respect for IP – Current work of WIPO
Building Respect for IP –
Current work of WIPO
Heike Wollgast
Senior Legal Officer, Building Respect for IP Division
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Overview
The policy framework: The WIPO Development Agenda
and IP Enforcement
The current work program of the WIPO Advisory
Committee on Enforcement (ACE)
The Global Congress on Combating Counterfeiting and
Piracy
Technical assistance
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Policy framework: The WIPO Development
Agenda and IP Enforcement
Development Agenda agreed by WIPO Member States in 2007
Overall objective: To ensure that development considerations form an integral part of WIPO’s work
WIPO to support an informed policy dialogue on the way in which IP can best evolve as a tool to establish an equilibrium between
- private rights, to encourage and ensure reward for creativity and innovation, and
- the public interest to access knowledge, and to share and collaborate in cultural development
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Policy framework: The WIPO Development
Agenda and IP Enforcement
Concerning IP enforcement:
Recommendation 45: To approach IP enforcement in the context of broader
societal interests and especially development-oriented concerns, with a
view that “the protection and enforcement of IP rights should contribute to
the promotion of technological innovation and to the transfer and
dissemination of technology, to the mutual advantage of producers and
users of technological knowledge and in a manner conducive to social and
economic welfare, and to a balance of rights and obligations”, in accordance
with Article 7 of the TRIPS Agreement.
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The WIPO Advisory Committee on
Enforcement (ACE)
Established in 2002
Members: all WIPO Member States + accredited Observers
Mandate:
- Cooperation with international organizations and the private sector to
combat counterfeiting and piracy
- Technical assistance
- Public education and coordination of training
- Exchange of information
- Excludes norm-setting
Annual work program agreed by the Committee
Discussions supported by research
Working documents/studies available in English, French and Spanish at
http://www.wipo.int/enforcement/
7th session: Nov. 30 - Dec. 1, 2011, in Geneva
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Current Work of the ACE
Current work program of the ACE – a shift in focus
Three elements:
1) Better understanding scope and socio-economic effects of counterfeiting and piracy
2) Analysis of reasons that fuel counterfeiting and piracy, including consumer behavior and motivations
3) Analysis of enforcement efforts and alternative models, from an economic welfare perspective
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Current Work of the ACE
1) Better understanding the socio-economic effects of counterfeiting and
piracy
Objective: Providing guidance to Member States that seek to analyze
effects at national levels
This may help policy makers to set priorities in light of resource
constraints
First step: Review of existing studies that aim to measure scope and
impact of counterfeiting and piracy, aiming to identify gaps in the current
understanding of socio economic consequences (documents
WIPO/ACE/6/7; WIPO/ACE/6/4)
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Current Work of the ACE
Findings/recommendations for further analytical work:
Identification of shortcomings in existing studies that seek to quantify
counterfeiting and piracy, including with a view to adopted methodologies
(e.g., calculation of losses) and data (e.g., different reporting practices by
customs administrations)
Little empirical research on short- and long-term employment effects of
counterfeiting and piracy, including with a view to the informal sector
Quality of future empirical work will depend to a large extent on the quality
of underlying data. Data collection should be improved and harmonized
to ensure greater availability, consistency and transparency
Deeper analysis of counterfeiting and piracy impacts at micro-levels
recommended (e.g., industry-specific)
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Current Work of the ACE
Current research:
Review of existing statistical information relating to counterfeiting and
piracy, aiming to assess data reliability and comparability, and to make
recommendations for further improvement
Will be presented at the 7th session of the ACE
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Crurent Work of the ACE
2) Better understanding reasons that fuel counterfeiting and piracy: analysis of consumer behavior and motivations
(i) ICC-BASCAP Research Report on Consumer Motivations (document WIPO/ACE/6/6)
Based on desk research and consumer surveys in 5 countries(Mexico, Russia, UK, India, South Korea)
Identification of different consumer categories, e.g.: - “Happy purchasers”: counterfeit goods as “smart purchase” - “Struggling Consumers”: lowest income level; concentrate on basic
needs; do not question origin of goods - “Robin Hoods”: consider branded goods as overpriced and big
corporations as unethical; rejection of established order
Top drivers (average):- Low price and availability- Low risk of penalties- Social acceptance
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Crurent Work of the ACE
Top deterrents (average): - Risks for health and safety (34%)- Better service and warrants (15%)- Support of organized crime (10%)- Risks for own equipment (9%)- (I)- Risks of liability (5%)
Messaging:- Focus should be on making understanding the benefits from going
original- Negative reaction to « shocking » images and texts, question of
credibility- Most credible spokespersons: victims
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Current Work of the ACE
(ii) SSRC Media piracy (optical disk piracy) in emerging markets
(document WIPO/ACE/6/5):
Finds that enforcement and educational efforts so far had little impact on
the overall supply of pirated goods
Main factors are low incomes vs. high prices of original goods
Finds that, compared to local incomes, the average retail price of original
CDs or DVDs is five to ten times higher in emerging markets
Pirated goods perceived as main form of access to a wide range of
cultural goods and software
Focus, therefore, should be on pricing and a viable business model
debate, rather than law enforcement
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Current Work of the ACE
3) Analysis of enforcement efforts and alternative models, from an economic
welfare perspective
Responsible disposal and destruction of seized counterfeit goods:
Opportunities for building respect for IP (document WIPO/ACE/6/8)
Policy issue in many countries in light of increasing volume of seized
counterfeit goods
Costs: who has to bear costs if they cannot be recovered from infringer?
Alternative methods of funding are explored, e.g. the use of proceeds of
crime
Current practice: mainly burning
Risks to environment / public health relating to the destruction of certain
goods (e.g., counterfeit pesticides, batteries, pharmaceuticals, electrical
goods); need for technological know-how and facilities
Alternatives: Recycling? Donation of goods?
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Current Work of the ACE
Current research, to be presented at the 7th session of the ACE (examples):
Review of statistical information relating to counterfeiting and piracy
Abusive enforcement practices? A comparative study on anti-competitive
enforcement of intellectual property rights. Focus on IP rights that have
been legitimately acquired but that are abusively enforced, that is,
enforced with the mere intent of putting competitors out of the market
(“sham litigation”)
Understanding changing consumer attitudes in the digital world
Preventive/cooperation models to address online trade in counterfeit
goods
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Global Congress on Combating
Counterfeiting and Piracy
Organized in public-private cooperation: WIPO, Interpol, World Customs
Organization (WCO) and the private sector (ICC-BASCAP, INTA)
6th Congress: hosted by WIPO (Paris, February 2011)
Attracted almost 900 delegates from 105 countries
Focus in 2011 on finding sustainable solutions in response to different
levels of socio-economic development
Examples:
- The contribution of IP enforcement to sustainable development;
- The role of competition law for creating a better balance in the context of
IP enforcement;
- The impact of corporate social responsibility on building respect for IP;
- Education and awareness in building respect for IP;
- Eco-friendly and socially equitable disposal of infringing goods;
- Protecting consumer safety;
- Counterfeiting and piracy in the virtual world;
- Innovative approaches to financing effective enforcement.
Key statements, podcasts and other information at
http://www.ccapcongress.net/
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WIPO technical assistance relating to IP
enforcement
Request-driven
WIPO services include
- Legislative advice
- IP enforcement training courses
- Strategic/policy advice
Strong demand by WIPO Member States
Requests display great level of specialization
WIPO services guided by the work of the ACE