UNECE experts promoting new ways to combat counterfeit goods
Geneva, 25 January 2007 -- The dual tasks of protecting intellectual
property rights and combating counterfeit goods are among the most pressing
issues facing governments in the UNECE Region. Counterfeit goods can be
life-threatening – for
example, adulterated or contaminated foods, hazardous toys, substandard
electrical products and shoddy car or aircraft parts. The UNECE Advisory
Group on Market Surveillance (“MARS” Group) examined these and
other consumer protection problems at its last meeting, held in Slovakia
in September 2006.
The “MARS” Group’s findings will be of key relevance to
discussions at the upcoming Third Global Congress on Combating Counterfeiting
and Piracy, to be held 30 to 31 January 2007 at Geneva. This event, hosted
by the World Intellectual Property Organization (WIPO) and convened by WIPO
with Interpol and the World Customs Organization, will see participation by
leading stakeholders at the global, regional and national levels.
As a part of the UNECE work on “good practices” in market surveillance,
following long consultations, the “MARS” Group drafted a proposal
urging Governments to enlist those authorities charged with enforcing product
safety in the fight against counterfeit and pirated goods, where they could
complement the efforts of Customs police and intellectual property agencies.
Specifically, UNECE experts proposed that after a given product had met
all the safety, health and other requirements called for by national legislation,
market surveillance officers should verify that the product is in fact genuine;
i.e. that it has been produced legally and that use of a trademark or logo
has been authorized by its legal owners. If results proved otherwise, the
approval process would be suspended and the officers would promptly inform
the intellectual property rights (IPR) holders concerned that counterfeit
goods had been detected.
The experts at the meeting agreed that these procedures should not be a
financial burden for market surveillance authorities and should neither
replace or duplicate existing IPR enforcement tools nor create legal conflicts
between the market surveillance and IPR efforts. Having two complementary
processes would benefit both private consumers and commercial users, would
help establish “rule
of the law” principles in society, and would promote fair competition
and business development.
Certain companies and Governments have already experienced great success
using such an approach. In Ukraine, Procter and Gamble and the Ukrainian
market surveillance authorities managed to detect and destroy a lucrative
illegal market in “Procter and Gamble” products. Through a
survey conducted in 1999, the company found that a staggering 43 per cent
of the hair-care products and 23 per cent of the laundry products marketed
under its name were counterfeit. An intense joint campaign by Procter and
Gamble and State authorities, consisting of public confidence-building
and deploying mobile testing laboratories for on-the-spot testing, succeeded
in completely eliminating the counterfeit products.
The case of Procter and Gamble and the Ukraine is hardly unique – many
companies and countries face similar situations – but thankfully
its positive outcome can be replicated. Given the critical need worldwide
for enhanced cooperation and new and effective measures, the potential
impact of enlisting market surveillance forces in the fight against counterfeiting
and piracy will surely be of great interest to the participants of the
IPR Congress mentioned above.
The “MARS” Group works under the auspices of the UNECE permanent
intergovernmental group of experts providing policy advice to Governments
on standards, technical regulations, conformity assessment procedures and
related issues (the UNECE Working Party on Regulatory Cooperation and Standardization
Policies, or Working Party 6).
The “MARS” Group’s proposal will be submitted for final
consideration and approval as a new UNECE Recommendation by Working Party
6 at its annual session in Geneva in November 2007.
For further information, please contact:
Serguei Kouzmine
Secretary to the UNECE Working Party on Regulatory Cooperation
and Standardization Policies (WP.6)
UNECE Trade and Timber Division
Palais des Nations, Office 444
CH-1211 Geneva 10, Switzerland
Phone: +41 (0)22 917 2771
Fax: +41 (0)22 917 0037
E-mail: [email protected]
Website: http://www.unece.org/trade/welcome.htm
For information on WP.6: http://www.unece.org/trade/wp6/welcome.htm
For information on the “MARS” Group: http://www.unece.org/trade/wp6/sectoral/mars/mars_bkgrd.htm
Ref: ECE/TRADE/07/P01