WIPO’S EXPERIENCE IN CAPACITY BUILDING AND AWARENESS RAISING · 2010-11-26 · Geneva, July 3, 2008 1. WIPO’s strategy in the enforcement of IP rights • Raising the awareness

Geneva, July 3, 2008Geneva, July 3, 2008

WIPOWIPO’’S EXPERIENCE IN S EXPERIENCE IN CAPACITY BUILDING AND CAPACITY BUILDING AND

AWARENESS RAISINGAWARENESS RAISING

UNECEUNECE--Team of Specialists on Intellectual PropertyTeam of Specialists on Intellectual PropertyIPR ENFORCEMENT SEGMENTIPR ENFORCEMENT SEGMENT


OverviewOverview

•• WIPOWIPO’’s strategies in the field of enforcement of IP rights; The s strategies in the field of enforcement of IP rights; The Advisory Committee on Enforcement (ACE) of WIPOAdvisory Committee on Enforcement (ACE) of WIPO

•• Cooperation and coordination in the field of enforcement of IP rCooperation and coordination in the field of enforcement of IP rightsights

•• The activities of the Enforcement and Special Projects Division The activities of the Enforcement and Special Projects Division (ESPD) in the field of capacity building; Objectives, assessme(ESPD) in the field of capacity building; Objectives, assessment of nt of needs, cooperation, geographical coverage, target audience, pracneeds, cooperation, geographical coverage, target audience, practical tical tools, achievements tools, achievements

•• Ongoing initiatives at the international level Ongoing initiatives at the international level in the fight against in the fight against counterfeiting and piracy, including the Global Congress eventscounterfeiting and piracy, including the Global Congress events

•• Opportunities and future workOpportunities and future work


WIPO stakeholdersWIPO stakeholders

184 Member States156 Countries(Developing and in transition)

49 LDCs

300 Observers (IGOs & NGOs)

Private/public sector(Inventors, creators, users, etc.)


1. WIPO1. WIPO’’s s strategy in the enforcement of IP rightsstrategy in the enforcement of IP rights

•• Raising the awareness of Governments of the important role of Raising the awareness of Governments of the important role of effective IP protection and enforcement for economic and effective IP protection and enforcement for economic and social developmentsocial development

•• Fostering strategic partnership and joint activities with other Fostering strategic partnership and joint activities with other IGOs and NGOs to bundle resources and expertiseIGOs and NGOs to bundle resources and expertise

•• Strengthen cooperation and coordination between public and Strengthen cooperation and coordination between public and private sector and among different government institutions to private sector and among different government institutions to make IP enforcement action more coherent and effectivemake IP enforcement action more coherent and effective

•• Render advice on, and assistance in , the implementation of Render advice on, and assistance in , the implementation of efficient national, subefficient national, sub--regional and regional IP enforcementregional and regional IP enforcement

•• Provide information and training to improve knowledge and Provide information and training to improve knowledge and experience of law enforcement officials in handling experience of law enforcement officials in handling enforcement mattersenforcement matters


The Advisory Committee on Enforcement The Advisory Committee on Enforcement (ACE)(ACE)

((http://www.wipo.int/enforcement/en/acehttp://www.wipo.int/enforcement/en/ace))

•• One single Committee One single Committee in charge of global enforcement issues with in charge of global enforcement issues with the followingthe following objectivesobjectives::

-- coordination with certain organizations and the coordination with certain organizations and the private sector to combat counterfeiting and piracyprivate sector to combat counterfeiting and piracy

−− technical assistancetechnical assistance−− promote and coordinate national and regional training promote and coordinate national and regional training −− foster public educationfoster public education−− facilitate exchange of informationfacilitate exchange of information−− but mandate excludes normbut mandate excludes norm--settingsetting

•• ACE held four sessions in 2003, 2004, 2006 and 2007; the fifth sACE held four sessions in 2003, 2004, 2006 and 2007; the fifth session ession is scheduled for the first half of 2009is scheduled for the first half of 2009


2. Coordination and cooperation with IGOs and 2. Coordination and cooperation with IGOs and NGOsNGOs

http://www.wipo.int/enforcement/en/cooperation.http://www.wipo.int/enforcement/en/cooperation.htmlhtml


3. The activities of the ESPD 3. The activities of the ESPD http://http://www.wipo.intwww.wipo.int/enforcement/en/enforcement/en

•• legislative assistance legislative assistance -- enforcement provisionsenforcement provisionsin IP and border in IP and border measuresmeasures legislationlegislation

•• training training -- the judiciary and law enforcement the judiciary and law enforcement agencies agencies -- upon request = inupon request = in--house cooperationhouse cooperation

•• special request special request --–– assistance in formulating national assistance in formulating national

enforcement strategiesenforcement strategies–– specialized IP courts v. specialized judgesspecialized IP courts v. specialized judges


Training programs Training programs -- designed to meet the interests of judges, magistrates, designed to meet the interests of judges, magistrates, customs and police officials, experts from IP Offices, IP attorncustoms and police officials, experts from IP Offices, IP attorneys, eys, representatives from the business community and consumers groupsrepresentatives from the business community and consumers groups were were organized in all regions in cooperation with national authoritieorganized in all regions in cooperation with national authorities, other s, other IGOsIGOsand NGOs as well as with other sectors of WIPOand NGOs as well as with other sectors of WIPO

The The cooperationcooperation in this field has in this field has as objectivesas objectives to:to:Develop and enhance sustainable capacities in all relevant areasDevelop and enhance sustainable capacities in all relevant areas of IP in of IP in Developing countries, Least developed countries and Certain counDeveloping countries, Least developed countries and Certain countries tries in Europe and Asia;in Europe and Asia;Integrate development and public policy objectives in the formulIntegrate development and public policy objectives in the formulation ation and implementation of IP policies and strategies;and implementation of IP policies and strategies;Support countries in the use of IP as a tool for economic, sociaSupport countries in the use of IP as a tool for economic, social and l and cultural developmentcultural development

Training at national and regional levelTraining at national and regional levelhttp://http://www.wipo.intwww.wipo.int/enforcement/en/activities/enforcement/en/activities

http://images.google.co.za/imgres?imgurl=http://www.epa.gov/epaoswer/images/public.gif&imgrefurl=http://www.epa.gov/epaoswer/images/&h=164&w=160&sz=14&tbnid=pIUse1HN-J0irM:&tbnh=93&tbnw=90&hl=en&start=1&prev=/images%3Fq%3Dpublic%26svnum%3D10%26hl%3Den%26lr%3D


WIPOWIPO’’ss capacity building activities capacity building activities in the field of enforcement of IP rightsin the field of enforcement of IP rights

•• WIPO activities in the field of education and trainingWIPO activities in the field of education and training aimed aimed at rendering IP at rendering IP enforcement more effective and focused on providing training to enforcement more effective and focused on providing training to law enforcement law enforcement agencies and the judiciary agencies and the judiciary

•• Responds Responds to the requests from Member Statesto the requests from Member States for training and to assist with the for training and to assist with the development and implementation of enforcement strategies which wdevelopment and implementation of enforcement strategies which would include ould include suggestions for improved cooperation within the public sector ansuggestions for improved cooperation within the public sector and integration of d integration of private sector support through their representative associationsprivate sector support through their representative associations

•• One of the most important aspects of training is the One of the most important aspects of training is the assessment of needsassessment of needs, which , which serves as a basis for the content level and style of any technicserves as a basis for the content level and style of any technical assistance provided al assistance provided by WIPO.by WIPO.

•• The The target groupstarget groups for training are: the judiciary, the police and customs officifor training are: the judiciary, the police and customs officials, als, the public prosecutors and statethe public prosecutors and state--attorneys, the right holders, the staff from attorneys, the right holders, the staff from intellectual property offices and the consumers intellectual property offices and the consumers


……ContinuedContinued•• The trainingThe training objectivesobjectives are to develop different levels of are to develop different levels of

knowledge, including: knowledge, including: –– legal knowledgelegal knowledge–– organizational knowledge organizational knowledge –– practical knowledge (in particular for the custom officers); practical knowledge (in particular for the custom officers); –– knowledge of and information on right holders (to understand theknowledge of and information on right holders (to understand the

seriousness of IP infringements); seriousness of IP infringements); –– knowledge on infringing goods and the different IP rights that mknowledge on infringing goods and the different IP rights that may be ay be

involved.involved.

•• WIPO has undertaken various training programs in the area of enfWIPO has undertaken various training programs in the area of enforcement orcement in form of study visits, workshops, national seminars and colloqin form of study visits, workshops, national seminars and colloquia for uia for judges depending on the need and requests of the country concernjudges depending on the need and requests of the country concerned ed


Examples of training/capacity Examples of training/capacity building programsbuilding programs

•• WIPOWIPO--EU (TAIEX) in Poland, Montenegro, Slovakia, Romania on EU (TAIEX) in Poland, Montenegro, Slovakia, Romania on enforcement of IP rightsenforcement of IP rights

•• WIPOWIPO--UN ECEUN ECE--WCO sub regional Seminar in Kazakhstan on the role of WCO sub regional Seminar in Kazakhstan on the role of customs in combating counterfeiting and piracy customs in combating counterfeiting and piracy

•• WIPOWIPO--EPO and the Swiss Federal Institute of IP, colloquium for EPO and the Swiss Federal Institute of IP, colloquium for Romanian judges and law enforcement officials Romanian judges and law enforcement officials

•• WIPO national Seminar for the judiciary in ArmeniaWIPO national Seminar for the judiciary in Armenia•• WIPOWIPO--OEPMOEPM--EPO regional seminar on IP for judges and prosecutors EPO regional seminar on IP for judges and prosecutors

from Latin Americafrom Latin America•• WIPOWIPO--WCOWCO--WHO International Conference on combating counterfeit WHO International Conference on combating counterfeit

medicines in Azerbaijan medicines in Azerbaijan •• WIPOWIPO--Romanian CR Office study visit for Albanian Officials in Romanian CR Office study visit for Albanian Officials in

Bucharest, RomaniaBucharest, Romania•• Study visit for officials from the Russian Federation, KyrgyzstaStudy visit for officials from the Russian Federation, Kyrgyzstann


……ContinuedContinued•• Under MOU, bilateral agreements of cooperation concluded betweenUnder MOU, bilateral agreements of cooperation concluded between WIPO and WIPO and

the Governments of France, Italy, Japan and U.S.A. (Trust Funds the Governments of France, Italy, Japan and U.S.A. (Trust Funds (FIT)) and with (FIT)) and with the assistance and cooperation of the private sector the assistance and cooperation of the private sector -- specific targeted programs for specific targeted programs for developing countries and countries with economies in transition developing countries and countries with economies in transition in orderin order to bolster to bolster cooperation among law enforcement agencies, as well as with righcooperation among law enforcement agencies, as well as with right holders, both t holders, both locally and within the region bringing together senior law enforlocally and within the region bringing together senior law enforcement officials and cement officials and representatives of customs, police and the judiciary representatives of customs, police and the judiciary

a) Under FIT U.S.A.:a) Under FIT U.S.A.:

-- WIPOWIPO-- USPTO regional Conference on the Law, Policy andUSPTO regional Conference on the Law, Policy andEnforcement of CRR, Rabat, Morocco, June 10Enforcement of CRR, Rabat, Morocco, June 10--12, 2008 12, 2008 (Algeria, Egypt, Jordan, Lebanon, Morocco, Tunisia(Algeria, Egypt, Jordan, Lebanon, Morocco, Tunisia) )

-- WIPOWIPO--USPTO Consultation Workshop on the Enforcement of IP USPTO Consultation Workshop on the Enforcement of IP rights within the Southern African Development Comrights within the Southern African Development Community munity (SADC), Pretoria, South(SADC), Pretoria, South Africa, July 9 to 11, 2008 Africa, July 9 to 11, 2008

-- WIPOWIPO--USPTO Global IP Academy Enforcement of IP rights, USPTO Global IP Academy Enforcement of IP rights, Lima, Peru, September 2008 Lima, Peru, September 2008


……ContinuedContinuedb) Under FIT Italy:b) Under FIT Italy:

-- WIPO subWIPO sub--regional Workshop on enforcement of IP rights in regional Workshop on enforcement of IP rights in Croatia, October 2008 (Croatia, October 2008 (Albania, Belarus, Bosnia and Albania, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Malta, MoHerzegovina, Bulgaria, Croatia, Cyprus, Malta, Moldova,ldova,Montenegro, Romania, Serbia, Slovenia, Turkey andMontenegro, Romania, Serbia, Slovenia, Turkey and Ukraine) Ukraine)

as a follow up as a follow up -- in the field of capacity building a:in the field of capacity building a:

-- WIPO subWIPO sub--regional Symposium on practical knowledge and the effective regional Symposium on practical knowledge and the effective contribution of the judiciary, law enforcement officials and rigcontribution of the judiciary, law enforcement officials and right holders in IP ht holders in IP rights enforcement (selected Central, Eastern European, Balkan arights enforcement (selected Central, Eastern European, Balkan and nd Mediterranean Countries), November/December 2008 Mediterranean Countries), November/December 2008

and in the area of awareness raising and outreach:and in the area of awareness raising and outreach:

-- WIPO Workshop and Symposium brochureWIPO Workshop and Symposium brochure


•• Case books Case books -- providing practical tools for handling IP disputes providing practical tools for handling IP disputes especially for judges and lawyers on common law countries especially for judges and lawyers on common law countries prepared by Justice Harms and made available in December prepared by Justice Harms and made available in December 2005, now in process of being updated; and on civil law 2005, now in process of being updated; and on civil law countries prepared by Judge Marais and Attorney countries prepared by Judge Marais and Attorney LachacinskiLachacinski, , published in 2007published in 2007

•• Studies Studies -- a comparative study on criminal enforcement of IP a comparative study on criminal enforcement of IP rights served as background document for the fourth session of rights served as background document for the fourth session of the ACE; under preparation a comparative study to determine the ACE; under preparation a comparative study to determine technical assistance needs relating to the enforcement of technical assistance needs relating to the enforcement of intellectual property rights (border measures) within Oceania intellectual property rights (border measures) within Oceania will be used as a background document for future technical will be used as a background document for future technical assistance, capacity building and training activities in the fieassistance, capacity building and training activities in the field ld of enforcement in, of enforcement in, inter aliainter alia, the Asia Pacific region (under , the Asia Pacific region (under FIT Japan) FIT Japan)

Case books and StudiesCase books and Studies


4.4. OOngoing initiatives at the international level in ngoing initiatives at the international level in the fight against counterfeiting and piracythe fight against counterfeiting and piracy

Global CongressGlobal Congress on combating counterfeiting and piracy on combating counterfeiting and piracy

OECD OECD –– The The economiceconomic impact of impact of counterfeitingcounterfeiting and and piracypiracy

Public health: WHO IMPACT initiativePublic health: WHO IMPACT initiative


Economic background Economic background -- OECDOECDhttp://www.oecd.org/dataoecd/11/38/38704571.pdfhttp://www.oecd.org/dataoecd/11/38/38704571.pdf

•• OECDOECD study study –– Executive summary of phase I made Executive summary of phase I made available in June 2007 indicates that international available in June 2007 indicates that international trade in counterfeit and pirated products across trade in counterfeit and pirated products across borders could have been up to USD 200 billion in borders could have been up to USD 200 billion in 2005;2005;

•• Total could be some hundred billion higherTotal could be some hundred billion higher•• Phase II Phase II –– limited to the digital piracy of copyright limited to the digital piracy of copyright

content consisting of two Modules: one would content consisting of two Modules: one would analyze the market and the corresponding regulatory analyze the market and the corresponding regulatory framework and the second would aim to assess the framework and the second would aim to assess the scope of such piracy and its economic consequencesscope of such piracy and its economic consequences

http://www.oecd.org/home/0,3305,en_2649_201185_1_1_1_1_1,00.html


Health and safety risks Health and safety risks --WHO initiativeWHO initiative

•• WHOWHO International Medical Products AntiInternational Medical Products Anti--Counterfeiting Counterfeiting Taskforce Taskforce ((IMPACT)IMPACT) was established in 2006 following the was established in 2006 following the WHO International Conference WHO International Conference ““ Combating Counterfeit Combating Counterfeit Drugs: Building Effective International CollaborationDrugs: Building Effective International Collaboration”” aiming aiming at new legislationat new legislation

•• WHO definition is broader than TRIPS definition: WHO definition is broader than TRIPS definition: Counterfeiting can apply to both branded and generic products Counterfeiting can apply to both branded and generic products and counterfeit products may include products with the correct and counterfeit products may include products with the correct ingredients or with the wrong ingredients, without active ingredients or with the wrong ingredients, without active ingredients, with insufficient active ingredients or with fake ingredients, with insufficient active ingredients or with fake packagingpackaging

•• For WHO purposes, counterfeit drugs are a subset of For WHO purposes, counterfeit drugs are a subset of substandard drugs that do not meet regulatory requirements for substandard drugs that do not meet regulatory requirements for bioequivalence; no clinical trials ensuring safety for humanbioequivalence; no clinical trials ensuring safety for human

http://images.google.co.za/imgres?imgurl=http://www.who.int/entity/medicines/services/counterfeit/counterfeit_drugs12_17.jpg&imgrefurl=http://www.who.int/entity/medicines/services/counterfeit/en/&h=356&w=260&sz=22&tbnid=x4h3hHdYYLSk4M:&tbnh=117&tbnw=85&hl=en&s


……ContinuedContinuedconsumption; contain an incorrect combination and/or consumption; contain an incorrect combination and/or concentration of active pharmaceutical ingredientsconcentration of active pharmaceutical ingredients

•• Five areas and working groups: legislative and regulatory Five areas and working groups: legislative and regulatory infrastructure, regulatory implementation, technology, infrastructure, regulatory implementation, technology, enforcement and communicationsenforcement and communications

•• Its goal is to develop guiding principles that national and Its goal is to develop guiding principles that national and regional institutions may use as reference for developing ad regional institutions may use as reference for developing ad hoc legislation aimed at effectively combating counterfeit hoc legislation aimed at effectively combating counterfeit medical products within their jurisdiction e.g. medical products within their jurisdiction e.g. ““Draft principles Draft principles and elements for national legislation against counterfeit and elements for national legislation against counterfeit medical productsmedical products””

•• WIPO participating to ensure effective coWIPO participating to ensure effective co--existence of existence of enforcement systemsenforcement systems


Global Congress eventsGlobal Congress eventshttp://www.ccapcongress.nethttp://www.ccapcongress.net

•• First Global CongressFirst Global Congress hosted by WCO in Brussels, May 2004hosted by WCO in Brussels, May 2004

-- Regional forums were organized in: Rome, October 2004, ShanghaRegional forums were organized in: Rome, October 2004, Shanghai, i, November 2004, Rio de Janeiro, June 2005November 2004, Rio de Janeiro, June 2005

•• Second Global CongressSecond Global Congress hosted by Interpol in Lyon, November 2005;hosted by Interpol in Lyon, November 2005;

-- Regional Congress was organized in Bucharest, July 2006Regional Congress was organized in Bucharest, July 2006

Third Global CongressThird Global Congress hosted by WIPO in Geneva, January 2007hosted by WIPO in Geneva, January 2007

Fourth Global CongressFourth Global Congress hosted by WCO and Dubai Customs in Dubai, hosted by WCO and Dubai Customs in Dubai, United Arab Emirates, February 3 to 5, 2008 United Arab Emirates, February 3 to 5, 2008

-- Regional Congress in East Africa, November 2008Regional Congress in East Africa, November 2008

Fifth Global CongressFifth Global Congress hosted by Interpol in Mexico, June 2009hosted by Interpol in Mexico, June 2009


What do we achieve ?What do we achieve ?More effective enforcement based on:More effective enforcement based on:

•• evaluates national law against international obligations and evaluates national law against international obligations and implementation implementation -- practical level practical level

•• creates an interest in IP and a strategic approachcreates an interest in IP and a strategic approach•• adopting integrated strategies, plans and actions at all levels,adopting integrated strategies, plans and actions at all levels, especially at especially at

the national level;the national level;•• generating a greater and more widespread level of information togenerating a greater and more widespread level of information to make make

consumers more aware of the economical, health/safety and socialconsumers more aware of the economical, health/safety and socialdamages of this phenomenon;damages of this phenomenon;

•• convincing governments of the need for effective enforcement sysconvincing governments of the need for effective enforcement systems tems and the advantages of entrusting judges with special experience and the advantages of entrusting judges with special experience with with decision in IP cases;decision in IP cases;

•• requiring assistance and developing cooperation with the internarequiring assistance and developing cooperation with the international key tional key actors for capacity building, legal advice, training and sharingactors for capacity building, legal advice, training and sharing good good practicespractices


5. Opportunities and future work5. Opportunities and future work

•• To assist Member States in strengthening their systems and To assist Member States in strengthening their systems and infrastructure for the enforcement of IP rights:infrastructure for the enforcement of IP rights:−− supporting the implementation of efficient national, supporting the implementation of efficient national,

regional or subregional or sub--regional enforcement systems regional enforcement systems −− enhancing knowledge and experience of law enforcement enhancing knowledge and experience of law enforcement

officials in handling enforcement matters in cooperation officials in handling enforcement matters in cooperation with the international organizations and stakeholders at the with the international organizations and stakeholders at the national and regional levelsnational and regional levels

−− identifying issues of common global concern in the field of identifying issues of common global concern in the field of IP enforcement and combat of counterfeiting and piracyIP enforcement and combat of counterfeiting and piracy

−− organizing, participating and sharing technical expertise organizing, participating and sharing technical expertise and information to make enforcement action more coherent and information to make enforcement action more coherent and effectiveand effective


Thank you!Thank you!

Claudia Ana CosteaClaudia Ana CosteaEnforcement and Special Projects DivisionEnforcement and Special Projects Division

World Intellectual Property OrganizationWorld Intellectual Property Organization

WIPO’S EXPERIENCE IN CAPACITY BUILDING AND AWARENESS RAISING · 2010-11-26 · Geneva, July 3, 2008 1. WIPO’s strategy in the enforcement of IP rights • Raising the awareness

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