07-12-2011
Side 1
Danish Best Practice with inter-
agency cooperation on IP
Enforcement – why and how? Cooperation Seminar December 5th 2011, Serbia
Erling Vestergaard
Deputy State Prosecutor for Serious Economic Crime,
Denmark
What is IP-crime?
Definition counterfeit trademark goods
- Any goods, including packaging, bearing without authorization
a trademark that is identical to the trademark validly registered
in respect of such goods, or that cannot be distinguished in its
essential aspects from such a trademark, and that thereby
infringes the rights of the owner of the trademark in question
under the law of the relevant country.
(Anti Counterfeiting Trade Agreement, ACTA-2010)
What is IP-crime?
Definition counterfeit trademark goods
- Any goods, including packaging, bearing without authorization
a trademark that is identical to the trademark validly registered
in respect of such goods, or that cannot be distinguished in its
essential aspects from such a trademark, and that thereby
infringes the rights of the owner of the trademark in question
under the law of the relevant country.
(Anti Counterfeiting Trade Agreement, ACTA-2010)
What is IP-crime?
Definition pirated copyright goods
- Any goods that are copies made without the consent of the
right holder or person duly authorized by the right holder in the
country of production …
(Anti Counterfeiting Trade Agreement, ACTA-2010)
5 good reasons for enforcement
• Protect the right holder
• Protect the consumer
• Promote innovation and creativity
• Enforce market rules
• Fight organized crime
What is IP-crime?
Organized crime
”Organized criminals have since long grasped the opportunities
that counterfeiting could provide them. The huge profits created
by this crime, the weak penalties provided by the relevant
legislation and the low level of awareness among the
competent authorities and the civil society, rendered
counterfeiting one of the most profitable and less dangerous
activities for organized crime.”
COUNTERFEITING, A GLOBAL SPREAD A GLOBAL THREAT, UNICRI, 2007
What is IP-crime?
TRADER
MANUFACTURER
CONSUMER
IMPORTER
DISTRIBUTOR
GOODS SHIPPED IN
BULK BY CONTAINER
COUNTERFEIT GOODS ORDERED
Traditional IP-crime
What is IP-crime?
A new world: Internet trading
SPONSORED
LINK ADS’
WEBSITE
OWNER
AGENT
AUCTION
SITE
TRADE
SITE
UNSOLICITED
MANUFACTURER
CONSUMERS
ONLINE PAYMENT PROVIDER
CUSTOMS
BORDER CONTROL
LEGITIMATE
MAIL SERVICE
What is IP-crime?
A new world: Cardsharing
What is IP-crime?
A new world: Streaming
What is IP-crime?
Danish IP Prosecution
State Prosecutor for Serious Economic Crime
• 26 prosecutors
• 53 investigators
• 13 administrative staff a.o.
Danish Police and Prosecution
Reg State
Prose-
cutor 1
PD3 PD6 PD7 PD10 PD12
PD2 PD4 PD5 PD8 PD9 PD11
PD1
Reg State
Prose-
cutor 2
Reg State
Prose-
cutor 3
Reg State
Prose-
cutor 4
Reg State
Prose-
cutor 5
Reg State
Prose-
cutor 6
Director of Prosecution
Attorney General
State Prosecutor for Serious
Economic Crime
State Prosecutor for International
Cases
Danish IP Prosecution
A short history of Danish IP enforcement
1894 – Denmark ratifies Paris convention
1991 – Counterfeiting is made a partly public crime
1995 – Denmark ratifies TRIPS
2002 – Brydensholt-committee publishes paper on IT-crime
2003 – EU Customs Regulation 1383/2003
2004 – EU Civil Enforcement Directive (TRIPS+); Upcriminalization of copyright violations
2005 – First proposal for criminal enforcement directive; Denmark ratifies Cybercrime convention
2006 – Director of Public Prosecutions Instruction 2/2006
2007 – UNICRI-report on organized IP-crime; OECD-estimat concerning trade in fakes
2008 – Danish Government report on new initiatives; Establishment of Government Cooperation
2009 – Upcriminalization of trademark violations a.o.; Establishment of EU Observatory; Final ruling in Teddy Bear
Case
2010 – ACTA-agreement (TRIPS+) and Medicrime convention finalized; Criminalization of EU-trademark violations;
Director of Public Prosecutions Instruction 5/2010
Danish IP Prosecution
Permanent Interdepartmental Network against Counterfeiting
The network was initiated in October 2008 with participation from:
State Prosecutor for Serious Economic Crime
National Commissioner of Police
Ministry of Culture (administering copyright)
Danish Customs – Task Force Counterfeiting
Danish Safety Technology Authority
National Consumer Agency
Danish Veterinary and Food Administration (administering
Geographical Indications)
Danish Medicines Agency
Ministry of Foreign Affairs
Ministry of Economic and Business Affairs
Patent- og Trademark Office (administering Pantents and
Trademarks) (secretariat)
Danish IP Prosecution
Permanent Interdepartmental Network against Counterfeiting
Website also available in English: www.int.stoppiraterne.dk
Business
Authorities
Consumers
Danish IP Prosecution
Permanent working groups on counterfeit pharmaceuticals:
(1) Networking Group on Counterfeit Pharmaceuticals
The Networking Group was initiated by the Danish Medicines Agency in May
2007 with participation from authorities and industry
The aim for the Networking Group is to be a strategic forum for discussion and
sharing of information.Examples on results of cooperation:
Guidelines for preventing counterfeit pharmaceuticals entering the legitimate
supply line:
- Protection of supply lines
- Control with business partners
- Control with deliveries
- Risk analyses
- Information to authorities and business partners
E-filing concerning findings of counterfeit pharmaceuticals:
http://www.laegemiddelstyrelsen.dk/1024/visLSArtikelBredUPrint.asp?artikelID=1
4884
Danish IP Prosecution
Permanent working groups on counterfeit pharmaceuticals:
(2) Operational Working Group on Counterfeit Pharmaceuticals with
Customs, Patent- and Trademark Office, Police, Prosecution, Medicine
Agency
The Operational Working Group was initiated by the Danish Medicines Agency in
May 2007
The aim for the Operational Working Group is to secure contact and cooperation
between relevant institutions if the need arises
Improved working procedures between stakeholders
Danish IP Prosecution
- Up to 6 years imprisonment for most IP crimes
- Ex officio capability in more serious cases
- Around 30-60 complaints a year
- Highest sentencing: 2 years unuspended prison
Danish IP Prosecution
Director of Public Prosecutions Instruction 5/2010 concerning IPR-
cases
Local Police
1. notify SØK about all new cases
2. sends copy of indictment to SØK
3. sends court rulings to SØK
4. notify SØK about deliberations about dismissing the case. SØK
can then comment these deliberations. Final decision will – in
case of adversing views – be made of regional state prosecutor
Danish IP Prosecution
IPR - Some thoughts for the
future: - The level of counterfeiting and piracy seems to be rising and
becoming more and more deceptive
- Organized crime is making huge profits from counterfeiting and
piracy without running the same risks as with other kinds of
crime
- The benefit of IPR-enforcement on the economic welfare of
companies and national economies are many times higher
than the cost of efficient enforcement
- Counterfeiting and piracy is a challenge for developed,
emerging and developing economies alike, but the problems
can vary a lot between countries – one size may not fit all, but
minimum requirements must be met
IPR - Some thoughts for the
future:
- Criminal enforcement directive
- Implementation of Medicrime
- European Observatory
- Swedish Specialized IP Unit
Thank You for Your Attention
