counterforce - Counterfeiting
counterforce - Counterfeiting
counterforce - Counterfeiting
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COUNTERFEITING INTELLIGENCE BUREAU<br />
THE INTERNATIONAL<br />
ANTI-COUNTERFEITING DIRECTORY<br />
Protecting the<br />
world against<br />
the plague of<br />
counterfeiting<br />
A key information resource in the fight against counterfeiting -<br />
detailing leading law firms, technology companies and investigators<br />
involved in anti-counterfeiting throughout the world<br />
The world business organization<br />
2008
An independent Austrian partnership<br />
of business lawyers.<br />
Corporate M&A IP IT Labour & Agency<br />
Real Estate Public Law<br />
Litigation & Arbitration<br />
A- 1010 Vienna, Wallnerstrasse 4, tel: +43 1 205 206 0<br />
office@gassauer.at, www.gassauer.at<br />
Front Cover artwork by Dr David Pizzanelli
COUNTERFEITING INTELLIGENCE BUREAU<br />
THE INTERNATIONAL ANTI-COUNTERFEITING<br />
DIRECTORY 2008<br />
COMPRISING<br />
COUNTERFORCE network of law firms specialising<br />
in intellectual property and<br />
anti-counterfeiting work<br />
COUNTERTECH network of firms producing<br />
anti-counterfeiting technologies<br />
COUNTERSEARCH network of firms specialising in<br />
investigating counterfeiting<br />
GENERAL INFORMATION on counterfeiting and<br />
organisations providing services<br />
Compiled and Published by<br />
ICC <strong>Counterfeiting</strong> Intelligence Bureau<br />
Cinnabar Wharf, 26 Wapping High Street<br />
London E1W 1NG, United Kingdom<br />
Telephone: +44 (0) 20 7423 6960 Fax: +44 (0) 20 7423 6961<br />
Email: cib@icc-ccs.org<br />
Website: www.icc-ccs.org
CONTENTS<br />
2<br />
Page No<br />
<strong>Counterfeiting</strong> Review<br />
- 2007: A year of Deliberation, Diethylene and Dogs 3<br />
<strong>Counterfeiting</strong> Perspectives<br />
- <strong>Counterfeiting</strong> - The Global Challenge for Trademark Enforcement 6<br />
- Artesunate - Fixing the Fake Hologram Problem 15<br />
- BASCAP continues its role to stop counterfeiting and piracy 19<br />
Quantifying the Problem<br />
- The Scale and Impact of <strong>Counterfeiting</strong> 29<br />
SECTION 1 COUNTERFORCE 37<br />
Law firms specialising in intellectual property<br />
and anti-counterfeiting work listed<br />
alphabetically by country.<br />
SECTION 2 COUNTERTECH 95<br />
Anti-counterfeiting technology manufacturers<br />
listed alphabetically by country.<br />
SECTION 3 COUNTERSEARCH 117<br />
Specialist anti-counterfeiting<br />
investigators listed alphabetically by country.<br />
SECTION 4 GENERAL INFORMATION 125<br />
Useful International/National contacts.<br />
<strong>Counterfeiting</strong> Milestones<br />
Articles on current issues and concerns
<strong>Counterfeiting</strong> Review<br />
2007: A year of Deliberation, Diethylene and Dogs<br />
Gloom, doom and apprehension pervade the financial markets as 2007 draws to a<br />
close and pundits make predictions for the New Year. What, though, in the world of<br />
counterfeiting and piracy? In all probability another good year for those who ply this<br />
trade, but for enforcers and anti-counterfeiting entities what have the high points been<br />
and what lies ahead in the coming year?<br />
For those involved in tackling the counterfeiting phenomenon, the year got off to<br />
a good start in January with the deliberations of The Third Global Congress on<br />
Combating <strong>Counterfeiting</strong> and Piracy. Hosted by the World Intellectual Property<br />
Organization (WIPO) in Geneva, more than 1200 people crammed into the international<br />
conference centre, making it by far the largest event of its type held in any part<br />
of the world. Predictably, it attracted the great and the good from all sectors of the<br />
anti-counterfeiting industry and there were plenty of rallying cries for more to be done<br />
to tackle the problem, most notably from the heads of WIPO, Interpol and the World<br />
Customs Organization (WCO). There was also no shortage of both old and new<br />
suggestions as to how the scourge of counterfeiting and piracy could best be tackled.<br />
Some of the themes covered included enhancing cooperation and coordination,<br />
promoting better legislation and enforcement, building capacity, raising awareness and<br />
health and safety issues. Despite the absence of consumer associations whose voice<br />
was not heard at this event, the huge numbers attending the Global Congress appear<br />
to suggest that anti-counterfeiting interests worldwide are finally getting together and<br />
that there is now at last a critical mass of high-level figures across the world actively<br />
engaged on the issue, and grappling with possible solutions.<br />
The next Global Congress will be hosted by the WCO in Dubai in February 2008.<br />
In many ways this is an inspired decision, making it the first time that the event has<br />
been held outside Europe and emphasising at the same time the growing economic<br />
and political importance of the Gulf States. No doubt this will provide an opportunity<br />
to examine the counterfeiting and piracy problem as it affects Middle Eastern markets,<br />
and perhaps the day is not too far off when we will see the Global Congress held in<br />
a country where counterfeiting is endemic, such as China, but don’t expect that soon.<br />
Chinese woes<br />
China always features in any review of counterfeiting and piracy, quite simply because<br />
it is by far the largest producer in the world of a whole range of fake products that are<br />
consumed domestically and exported globally.<br />
This year China was once again much in the news in connection with a vast number<br />
of counterfeiting incidents. Most damaging were the food scares affecting a number<br />
of different products that form part of China’s $30 billion food and drug export trade<br />
to North America, Asia and Europe each year. Concerns were raised when tainted<br />
Chinese pet food ingredients killed and sickened thousands of dogs and cats in the<br />
US, resulting in the largest pet food recall in the country’s history.<br />
US regulators also became worried that a number of Chinese companies were mixing<br />
the harmful industrial chemical melamine with wheat flour to artificially increase protein<br />
readings. Then there were further damaging revelations about a deadly cough syrup<br />
that caused the deaths of 100 people in Panama. Investigators discovered that glycerine<br />
which should have been in the syrup had been substituted in China for the cheaper,<br />
poisonous alternative diethylene glycol. As if that was not bad enough diethylene glycol<br />
3
<strong>Counterfeiting</strong> Review<br />
was discovered in toothpaste exported from China to Panama, the Dominican Republic<br />
and Australia, which in turn triggered a ban by the US Food and Drug Administration<br />
on imports of all toothpaste from China. Even so, it was not long before adulterated<br />
toothpaste began turning up in stores across several US States.<br />
With the safety of Chinese products very much an issue throughout the year, it was<br />
perhaps unsurprising that efforts would be made to find individuals to shoulder the<br />
blame and demonstrate that the government was actively addressing the situation.<br />
Zheng Xiaoyu, China’s former chief food and drug regulator was certainly one of the<br />
fall guys. Found guilty of taking bribes to approve the sale of a number of fake drugs,<br />
he was swiftly executed. This harsh sentence is a striking reminder of how the Chinese<br />
government deal with those who cause harm and damage the country’s name and<br />
reputation. A scapegoat perhaps, but certainly one to “encourager les autres” and<br />
a signal that even senior officials are not immune from justice.<br />
OECD measures<br />
Measuring the scale of counterfeiting has always been a hot topic and the keenly<br />
awaited report by the OECD in the middle of the year was broadly welcomed by all<br />
sections of the anti-counterfeiting industry. It represents the most comprehensive<br />
and thorough investigation of the problem ever conducted and concluded that the<br />
international trade in tangible counterfeit products could be as much as $200 billion<br />
annually, and that the total magnitude could be several hundred billion dollars more<br />
when counterfeit and pirated products sold over the internet and those produced and<br />
sold domestically are included. This is probably not out of line with the figure of $600<br />
billion which our own organisation believes to be a conservative estimate of the current<br />
global extent of the problem.<br />
Although we will never be able to measure the phenomenon accurately the OECD<br />
findings and conclusions are nevertheless helpful in the overall struggle, especially<br />
since they state that the magnitude and effects of the problem are of such significance<br />
that they compel strong and sustained action from governments, business and<br />
consumers. Perhaps reflecting this sentiment, the G8 leaders when they met in<br />
Germany in June for their annual meeting, strongly reaffirmed their commitment<br />
to protecting intellectual property rights by combating piracy and counterfeiting.<br />
Towards a solution<br />
There were plenty of new initiatives and strategies throughout the year. One such was<br />
the launch of the International Authentication Association, bringing together a band<br />
of companies to promote the use of authentication technologies as an integral part of<br />
an effective strategy to protect products documents and their users from counterfeiting<br />
and fraud, and to educate government agencies, brand owners and others as to the<br />
role and use of authentication. This comes at a time when companies appear to be<br />
increasingly turning to advanced technologies to win back control of their brands<br />
and ward off accidents associated with fakes. Some of the latest anti-counterfeiting<br />
technologies take advantage of advances in molecular science and technology,<br />
enabling products to be injected with nanotracers, dyed with invisible DNA markers<br />
or engraved with microscopic laser etchings.<br />
Another interesting initiative was the launch of the “No trade in fakes supply chain tool<br />
kit” by the US Chamber of Commerce and the Coalition Against <strong>Counterfeiting</strong> and<br />
Piracy. Posted on the web, the document highlights many proven strategies that<br />
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<strong>Counterfeiting</strong> Review<br />
companies use to protect their supply chains from counterfeiters, and includes case<br />
studies of techniques that leading companies have used to protect their brands.<br />
On the enforcement front, there were thousands of raids and huge seizures of<br />
counterfeit and pirated product in all corners of the world. During the year two black<br />
Labrador dogs, Lucky and Flo, stole the limelight when they made their debut with<br />
dramatic effect in the anti-counterfeiting arena. Trained to sniff out pirate CD’s and<br />
DVD’s in hidden compartments, the dogs quickly proved their worth by sniffing out $3<br />
million worth of movie and game discs in their first operation. This was soon followed<br />
by further successes, including finding a huge stash of pirated DVD and CD discs<br />
worth $430,000 in a secret compartment in a shop in Malaysia that had eluded a<br />
human enforcement raiding party. Stung by these losses, pirates apparently put out<br />
a bounty for the capture or destruction of the two animals, which caused the authorities<br />
to tighten their security. With a tally of 26 arrests and medals of commendation, the<br />
two dogs were recently transferred to the US where they spearheaded the first canineassisted<br />
bust in the country. We may expect Lucky and Flo and other canines to be<br />
even more active on further raids in the coming year.<br />
In Taiwan meanwhile, enforcers couldn’t believe their luck when informants in two<br />
separate movie piracy rings reported each other to the Motion Picture Association<br />
hotline, triggering raids which put both rings out of business and proving the old adage<br />
that there is no honour amongst thieves!<br />
Unusual goings-on<br />
There were also a number of unusual counterfeiting incidents during the year. These<br />
included Croatian truffles being smuggled in large quantities to Italy in order to be<br />
passed off as more expensive Alba truffles. Other unusual products counterfeited<br />
included guitars, ball bearings, marble, botox, eggs, caviar, tower crane sections<br />
and coal fly ash (a common ingredient in concrete)! The opportunism of counterfeiters<br />
knows no bounds and was once again in the news when they recently launched fake<br />
versions of Apple’s revolutionary iPhone in Asia, even though the originals are not<br />
due to be put on the market there until 2008. The fakes or ‘iClones’, as they are known,<br />
look just like the real thing and are apparently two thirds of the price. It comes as no<br />
surprise that they are being produced in and around Shenzhen in China.<br />
A curious tale of counterfeiting surfaced recently at a trial in England which proves that<br />
faking artistic works of art is far from a dying craft. It involved a family that produced<br />
fake art and artefacts over a seventeen year period, netting around £2 million. It was<br />
an unusual case for many reasons. The family comprised 84-year old George<br />
Greenhalgh, his 83-year old wife and their 47-year old son Shaun, who operated out<br />
of a council house in Bolton. Their speciality was producing counterfeit works of art<br />
including sculpture and antiquities going back to Egyptian and Roman times, paintings<br />
and other works of art. Shaun, a failed artist, did most of the work while his father, by<br />
all accounts a superb salesman, passed them off to an art world that was amazingly<br />
taken in. The fact that this family were able to fool the art world for so long was put<br />
down to the diversity of the forgeries that they produced.<br />
Recession or not, another interesting anti counterfeiting year lies ahead!<br />
Peter Lowe<br />
ICC <strong>Counterfeiting</strong> Intelligence Bureau<br />
5
<strong>Counterfeiting</strong> Perspectives<br />
<strong>Counterfeiting</strong> - The Global Challenge<br />
for Trademark Enforcement<br />
By Richard Heath, VP Legal - Global Anti-<strong>Counterfeiting</strong> Counsel,<br />
Legal Strategy Group, Unilever Plc<br />
<strong>Counterfeiting</strong> has grown substantially over the years to<br />
become the greatest threat to established brands.<br />
Whereas counterfeiting was viewed in the late 1980s<br />
as mainly affecting luxury brands that had gained<br />
international fame, it is now a global problem touching<br />
all industry sectors. As a result, anything that can be<br />
copied will be.<br />
<strong>Counterfeiting</strong> is a serious crime and international,<br />
regional and national governments need to recognize<br />
this and impose appropriate sanctions on counterfeiters.<br />
Some countries have recognized counterfeiting as a<br />
serious risk for society and acted accordingly but more need to do so.<br />
While criminalization of counterfeiting is probably one of the best ways to deter<br />
counterfeiting, strong customs regimes associated with efficient and quick access to<br />
remedies have proven successful at drawing some concrete results for brand owners.<br />
For example, the establishment of fines, statutory damages and sanctions against<br />
counterfeiters that are commensurate to the harms they cause, would make counterfeiting<br />
a less lucrative and attractive business. In addition, the non-imposition by<br />
customs of a bond requirement as a condition to processing counterfeiting cases,<br />
and improved intelligence sharing would make it easier for brand owners to act against<br />
counterfeiters.<br />
In China the so-called four City Landlord Liability initiative is having some impact<br />
and indeed in Nigeria, where the tort has recently been introduced, NAFDAC (the<br />
Regulatory body for food, drug and healthcare products in that country) claims a 60%<br />
reduction in the level of pharmaceutical counterfeits since its introduction, specifically<br />
targeting pharmaceutical manufacturing facilities. This is an excellent achievement in<br />
a country that is often perceived as one of the worst in Africa for counterfeits.<br />
In addition, secure destruction of counterfeit manufacturing facilities would help,<br />
as very often in China such plants are simply mothballed and re-commissioned as<br />
soon as offenders are released from jail, making re-offence likely. If their significant<br />
investment in machinery had to be repeated this would be a considerable deterrent<br />
against re-offence. This should become part of the asset recovery process.<br />
A number of major partnerships and technical assistance initiatives to help China<br />
and other countries improve their enforcement framework have been undertaken.<br />
Examples include the EU-China and the US-China bilateral co-operation initiatives,<br />
and these are having some impact. Additionally, the China Customs Authority is now<br />
actively engaged in the fight against IP Crime, particularly with respect to exports from<br />
major shipping ports and hubs, and the positive impact of this too is now being felt<br />
reflected in increasing seizures before the consignments leave the ports.<br />
Elsewhere the phenomenon of transshipment, especially through Free Trade Zones<br />
6
<strong>Counterfeiting</strong> Perspectives<br />
(FTZs) – a known technique counterfeiters use to hide origin and disguise the true<br />
nature of shipments as a means to avoid detection, is gaining international public<br />
attention. Particular measures are now being taken by WCO to tighten up on customs<br />
controls in FTZs as well as goods in transit regulations. Amendments to the Kyoto<br />
Convention that governs customs procedures on entry and exit through FTZs are being<br />
considered, as well as changes to WCO’s Framework of Standards in this area, and<br />
both of these measures will help. As there are some 629 FTZs in 77 countries, this<br />
is not a phenomenon that is going to go away quickly without an unprecedented level<br />
of international co-operation that is only now beginning to be seen.<br />
Examining some of the current legislative gaps in more detail, here are some<br />
suggestions as to how they might be filled.<br />
A. Free Trade Zones and Free Ports<br />
Counterfeiters use free trade zones (FTZs) and free ports (FPs) to carry out at least<br />
three different types of illegal operations:<br />
(1) ‘Merchants’ import shipments of counterfeit goods into warehouses in FTZs<br />
and then re-export them to other destinations. Thus FTZs are not only used to ‘sanitize’<br />
shipments and documents, thereby disguising their original point of manufacture or<br />
departure, but they also become ‘distribution points’ in the supply chain for counterfeit<br />
goods.<br />
(2) Counterfeiters import unfinished goods and then ‘further manufacture’ them<br />
in the FTZs by adding counterfeit trademarks, or repackaging or re-labeling the goods,<br />
and then export those ‘finished’ counterfeit goods to other countries.<br />
(3) The complete manufacturing of counterfeit goods in FTZs.<br />
FTZs and FPs in a number of countries have been cited as hotspots for activities in the<br />
transshipment and transit of counterfeit goods. One report cites the names of Belize<br />
(Corozal), Canada, Latvia, Lithuania, Paraguay (Ciudad del Este), Taiwan, Thailand,<br />
Ukraine and United Arab Emirates (Jebel Ali and Fujairah). Another cites China (i.e.<br />
Hong Kong, Shanghai and Guangdong), Taiwan, Korea, and Singapore. Further,<br />
intellectual property right holders are also seriously concerned about FTZs and FPs<br />
in a number of countries, including: Brazil (Manaus), Chile (Iquique), Egypt (Port Said),<br />
Estonia, Finland, Indonesia (Batam), Jordan (Aquaba), Kenya, Malaysia, Malta,<br />
Mauritius, Mexico (Zona Frontera Norte), Netherlands Antilles (Curacao), Oman<br />
(Khasab). Pakistan, Panama (Colon), Philippines (Subic Bay and Poro Point),<br />
Sri Lanka, and Uruguay (Colonia).<br />
Current laws<br />
Although there are international laws that ostensibly address the problem, they<br />
have largely failed to effectively curtail counterfeiting activity in free trade zones.<br />
The Customs Convention on the A.T.A. Carnet for the Temporary Admission of Goods<br />
(ATA Convention), for example, aims to harmonize customs procedures with respect<br />
to transshipped goods; however, the only illegality it proscribes are frauds committed<br />
by evading duties on goods in contravention of its own provisions. Another convention,<br />
the Customs Convention on the International Transit of Goods (ITI Convention),<br />
provides that transshipped goods are exempt from any customs examination except for<br />
reasons of “public morality or security, public hygiene of health, or based on veterinary<br />
or phytopathological considerations.” The International Convention on the Simplification<br />
and Harmonization of Customs Procedures (Kyoto Convention) provides that its<br />
7
<strong>Counterfeiting</strong> Perspectives<br />
member states may refuse admission to a free zone of goods brought from abroad on<br />
grounds of the protection of patents, trademarks and copyrights (violations) but leaves<br />
national customs authorities free to enact local rules matters not specifically covered<br />
by the convention. The WCO-IPR Strategic Group also analyzed the relevant provision<br />
of the Kyoto Convention and came up with the Guidelines on Controlling Free Zones,<br />
Goods in Transit/Transshipment and Obligations on Service Providers in Relation to<br />
Intellectual Property Rights Infringements (WCO Guidelines).<br />
Also, the World Customs Organization (WCO) in Article 1 of its Model Provisions For<br />
National Legislation to Implement Fair and Effective Border Measures Consistent With<br />
the Agreement on Trade-Related Aspects of Intellectual Property Rights (WCO Model<br />
Provisions), maintains that “A right holder may submit applications to customs, in<br />
accordance with the procedures and under the conditions set out in this law, for the<br />
suspension of the customs clearance and the detention of imported goods, goods<br />
destined for exportation and goods in transit.”<br />
Even if these international agreements and guidelines expressly directed local customs<br />
authorities to inspect all transshipped goods for infringing materials, these measures<br />
would still be ineffective on a global basis because the scope of enforcement would be<br />
limited to signatory countries that had passed some form of enacting legislation.<br />
Recommendations<br />
Unrestricted regimes for the transshipment and transit of goods through free trade<br />
zones and free ports constitute a very important factor that contributes to the development<br />
and extension of the scale of trafficking of counterfeit and pirate goods around<br />
the world. Uncontrolled transshipment of goods should not be allowed, as it does not<br />
remain in conformity with the necessity to protect intellectual property rights.<br />
There is a need for a legal framework for establishing the responsibility of public<br />
authorities, especially customs authorities, to apply border measures for the purpose<br />
of undertaking effective actions in relation to goods that undergo transshipment or<br />
transit and are suspected of being counterfeit or pirate.<br />
There is also a need to alter the approach of customs authorities, which often tend<br />
to treat goods in transit with lesser scrutiny than goods imported or exported. They<br />
strongly emphasize that the legal position of goods in transit, as well as the degree<br />
of scrutiny when applying border measures in relation to goods in transit, should be<br />
the same as in relation to goods that are “not in transit” i.e. goods which are imported<br />
or exported. Initiatives towards this objective resulted in the WCO Guidelines as<br />
mentioned above.<br />
National policy makers around the world should be urged to consider the following<br />
broad options to increase intellectual property rights enforcement in FTZs and FPs:<br />
♦ Governments should prohibit or restrict admission to “free trade zones” of goods<br />
that violate trademark rights, irrespective of country of origin of such goods, the country<br />
from which such goods arrived or the country of destination of such goods<br />
♦ Governments should ensure that their national customs authorities exercise<br />
jurisdiction before the entry and after the exit of goods into a free trade zone<br />
8
<strong>Counterfeiting</strong> Perspectives<br />
♦ Governments that have free trade zones and free ports that allow free movement of<br />
goods without regard to origin, quality, purpose, and destination of goods; and without<br />
or minimal customs treatment of goods in transit or transshipment; should ensure<br />
applicability and enforcement of anti-counterfeiting criminal laws in such free trade<br />
zones and free ports to check the offences of trafficking in counterfeit goods<br />
♦ Governments should ensure that their customs authorities are empowered to inspect<br />
goods in a free trade zone or a free port to ensure that no offence of trafficking in<br />
counterfeit goods is being committed<br />
♦ Governments should ensure close cooperation between their national customs<br />
authorities and the special authorities of their free trade zones or free ports in order<br />
to ensure efficient enforcement of anti-counterfeiting criminal and civil laws to check<br />
the offences of trafficking in counterfeit goods<br />
B. Calculating and Collecting Fines<br />
Article 61 of the TRIPs Agreement creates an obligation on member states of the<br />
World Trade Organization (WTO) to provide criminal procedures and penalties for<br />
cases of willful trademark counterfeiting on a commercial scale. It specifically provides<br />
that ‘remedies available shall include imprisonment and/or monetary fines sufficient<br />
to provide a deterrent, consistently with the level of penalties applied for crimes of<br />
a corresponding gravity’.<br />
Compliance with Article 61 is based on two elements: (a) remedies must be “sufficient<br />
to provide a deterrent” to infringement, and (b) the level of penalties applied in these<br />
cases must be consistent with that applied for crimes of “a corresponding gravity.”<br />
WTO members have considerable discretion to determine how to apply these standards<br />
and, particularly, to establish which are the crimes of comparable gravity in the<br />
national context. It is clear that countries have very different approaches with regard<br />
to the application of criminal penalties in cases of Intellectual Property Rights (IPR)<br />
infringement.<br />
In many countries, fines imposed by courts, police, customs and other administrative<br />
bodies are not collected, and due to concerns that they will not be collected, authorities<br />
sometimes do not impose them at all.<br />
Again, in many countries the maximum fines set out in law are adequate, but deterrent<br />
fines are not imposed due to the lack of standards in the law that provide a predictable<br />
method for calculating minimum fines.<br />
Recommendations<br />
In order for punishment by fines to be deterrent, the method of calculating fines and<br />
the procedures for collecting them is of prime importance. The following measures<br />
are strongly recommended to try and address the problem:<br />
♦ To increase the deterrent impact of fines, governments should be encouraged to<br />
impose criminal sanctions (in the nature of contempt of court) on counterfeiters who<br />
fail to pay them; and<br />
♦ Governments should be encouraged to develop calculation methods that specify<br />
those factors that can lead to higher fines, e.g. whether the infringer has committed<br />
9
<strong>Counterfeiting</strong> Perspectives<br />
counterfeiting as opposed to other types of trademark offences, the scope of the<br />
offence, the infringer’s cooperation with investigations into prior transactions, whether<br />
the infringer is a repeat offender, whether multiple brands are infringed, etc.<br />
C. Customs Enforcement<br />
TRIPs Agreement provisions that deal with customs and border enforcement issues<br />
in respect of infringement of intellectual property rights only deal with the following<br />
aspects:<br />
1. Ensuring that the judicial authorities have the power to issue injunctions in situations<br />
where it is necessary to prevent the entry into the channels of commerce of imported<br />
goods that involve the infringement of any type of intellectual property right, immediately<br />
after customs clearance of such goods (Article 44.1).<br />
2. Ensuring that the judicial authorities have the power to order prompt and effective<br />
provisional measures to prevent the entry into the channels of commerce of imported<br />
goods that involve the infringement of any type of intellectual property right, immediately<br />
after customs clearance of such goods (Article 50.1). In this situation the brand<br />
owner may be required to supply other information necessary for the identification<br />
of the goods concerned by the authority that will execute the provisional measures<br />
(Article 50.5).<br />
3. Ensuring the adoption of procedures enabling customs authorities to intervene after<br />
the counterfeit merchandise has been transported into the territory of a WTO member<br />
state, but before it is released for consumption (Article 51).<br />
4. Ensuring that member states empower their authorities (judicial or administrative) to<br />
order the destruction or disposal of infringing goods outside the channels of commerce<br />
(Article 59 and 46).<br />
5. Ensuring that member states empower the judicial authorities to require the brand<br />
owner to furnish a security or equivalent assurance “sufficient to protect the defendant<br />
and to prevent abuse” (Articles 50.3 and 53.1).<br />
6. Ensuring that member states provide the competent authorities to allow a brand<br />
owner the following rights in border enforcement procedures:<br />
(a) The right of inspection – both the brand owner and the importer must be<br />
given “sufficient opportunity” to have any goods detained inspected in order to<br />
substantiate the right holder’s claims or to articulate the defense, respectively;<br />
and<br />
(b) The right of information – brand owner may be informed of the names and<br />
addresses of the consignor, the importer and the consignee and of the quantity<br />
of the goods in question (Article 57).<br />
The obligations established in the above highlight provisions that only apply with regard<br />
to the importation of counterfeit goods, and in order to obtain the suspension of release<br />
the right holder must prove that he “has valid grounds for suspecting” that infringing<br />
goods covered by Article 51 are being imported. He must also show that there is a<br />
prima facie infringement. Simultaneously, the brand owner is also required to furnish<br />
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<strong>Counterfeiting</strong> Perspectives<br />
a security, bond, undertaking or equivalent assurance whose purpose is to ensure the<br />
collection of damage claims in case of improper seizures, as well as to ensure recovery<br />
of the costs of storage and destruction of fake goods after they are determined to be<br />
illegal.<br />
The disposal of counterfeit goods outside the channels of commerce is not the proper<br />
mode of ensuring that goods are not used by consumers, especially considering that<br />
a trademark owner must spend a considerable amount of money on the prosecution<br />
of counterfeiters in order to prevent counterfeit goods from reaching the channels of<br />
commerce. But despite the conclusion of a successful prosecution, the trademark<br />
owner faces the situation of seeing condemned counterfeit goods in the hands of<br />
a welfare organization (who may also decide to raise revenues by selling them),<br />
the beneficiaries/members of who may be part of channels of commerce.<br />
The TRIPS Agreement does not require governments to provide enforcement<br />
by customs against exports of counterfeits.<br />
Recommendations<br />
In order to ensure a better customs enforcement regime against cross-border<br />
trafficking of counterfeit goods, the following measures are strongly recommended:<br />
♦ Governments should be encouraged to eliminate bond requirements imposed<br />
on brand owners as a condition to processing counterfeiting cases by customs<br />
♦ Governments should take appropriate steps to reduce or eliminate the burdens<br />
on brand owners of suffering onerous costs of storage and destruction of counterfeit<br />
goods. The costs of storage, destruction and disposal of counterfeit goods should to<br />
the extent possible be shifted to infringers<br />
♦ Governments – particularly those in countries that are the source of counterfeits<br />
exported to other countries – should be encouraged to provide more stringent<br />
protection against exports of counterfeits at their borders<br />
♦ Governments should take appropriate steps to ensure that all counterfeit goods,<br />
which are determined as such after appropriate judicial or administrative proceedings,<br />
are compulsorily destroyed. The disposal of counterfeit goods outside channels of<br />
commerce is not the proper mode of ensuring that goods will not reach consumers.<br />
D. Statutory Damages<br />
TRIPs Agreement provisions covering the grant of damages for infringement of<br />
intellectual property rights only deal with the following aspects:<br />
1. Ensuring that judicial authorities have the authority to award the right holder<br />
damages adequate to compensate for the injury the right holder has suffered with<br />
the exception that an infringer who did not know, or had no reasonable grounds to<br />
know, that he engaged in infringing activity is not required to pay damages, whatever<br />
the nature of his offence (Article 45.1)<br />
2. Giving an option to WTO member countries that they may authorize the judicial<br />
authorities to order recovery of profits and/or payment of pre-established damages<br />
and that such damages may be calculated so as to allow for the “recovery of profits”,<br />
11
<strong>Counterfeiting</strong> Perspectives<br />
or be based on damages set by national laws (pre-established damages). There is<br />
a further indication that this may apply even where the infringer did not knowingly,<br />
or with reasonable grounds to know, engage in infringing activity, that is, in respect<br />
of a bona fide acquirer or user of protected subject matter<br />
The availability of damages and the amount of the award varies under national laws,<br />
often according to the type of intellectual property involved. WTO members are free<br />
to define when compensation is to be deemed ‘adequate’.<br />
Recommendations<br />
In order to provide guidance as to statutory damages in the cases of trademark<br />
counterfeiting, the following measures are strongly recommended:<br />
♦ Governments should be encouraged to add provisions to their trademark legislation<br />
that would allow courts to award significant compensation to brand owners in cases<br />
where the scope of damages is difficult to determine, due to the infringer’s failure<br />
to maintain or share transactional records<br />
♦ Damages to compensate for lost profits should be based on the suggested retail<br />
price of the legitimate product being infringed upon as a measure of the loss to the<br />
right holder<br />
♦ The award of statutory (or pre-established) damages should be mandatory in case<br />
of trademark counterfeiting<br />
♦ Statutory damages should be at such a level as to provide brand owners greater<br />
leverage in negotiating settlements and obtaining voluntary disclosure of information<br />
E. Improved Resources<br />
TRIPs Agreement provisions relating to a specialized judiciary and the allocation of<br />
resources to police and prosecutors do not require WTO member to put in place a<br />
judicial system for enforcing IPRs separate from that for the enforcement of law in<br />
general. Moreover, there is no obligation to shift resources away from general law<br />
enforcement towards the enforcement of IPRs (Article 41.5).<br />
The lack of trained intellectual property (IP) judges or specialized IP courts also<br />
undermines enforcement efforts against counterfeiters. Many developing countries<br />
(e.g. China) have also established - though they are not obliged to do so – special<br />
courts in the area of IPRs.<br />
On account of the low priority accorded to enforcement of trademark rights, police<br />
officers and prosecutors do not get as much public recognition for pursuing trademark<br />
counterfeiting cases as they would in pursuit of offenses such as terrorism, murder,<br />
celebrity crime, etc. For example, insufficient funding and allocation of resources<br />
dedicated to anti-counterfeiting for federal prosecutors, even with the substantial<br />
criminal penalties available under US law, leaves counterfeiting as a relatively risk-free<br />
form of theft, with high monetary returns.<br />
Lastly, it might be argued that the failure to provide adequate government enforcement<br />
resources constitutes a violation of a given country’s obligations under Art. 41 of the<br />
TRIPS Agreement that requires “effective” and “deterrent” IPR enforcement regimes.<br />
12
<strong>Counterfeiting</strong> Perspectives<br />
Recommendations<br />
The following measures are strongly recommended:<br />
♦ Governments should establish specialized IP crimes investigation units/squads<br />
within their law enforcement and police institutions<br />
♦ Governments should appoint specialized IP crimes prosecutors within their<br />
prosecution structures<br />
♦ Governments should allocate more resources toward the training of judges<br />
who adjudicate enforcement claims<br />
♦ Governments should be urged to budget sufficient funding for the specialized courts,<br />
prosecutors’ offices and police units/squads who should be assigned to work solely on<br />
trademark counterfeiting.<br />
F. Access to Information & Improved Intelligence Sharing<br />
TRIPs Agreement provisions regarding a brand owner’s right of access to information<br />
concerning counterfeits (and counterfeiters) only deal with the following aspects:<br />
1. Ensuring the judicial authorities have power to determine that a party to a proceeding<br />
before that authority is, without good reason, refusing access to information that<br />
is necessary to make a determination or non-availability of which significantly impedes<br />
a procedure relating to an enforcement action (Article 43.2)<br />
2. Ensuring that the judicial authorities may have power to order the infringer to inform<br />
the right holder of the identity of third persons involved in the production and distribution<br />
of the infringing goods or services and of their channels of distribution (Article 47)<br />
3. Ensuring that the judicial authorities may have power to inform the right holder of<br />
the names and addresses of the consignor, the importer and the consignee and of the<br />
quantity of the goods in question (Article 57)<br />
The obvious purpose of the provisions above is to allow the right holder to act against<br />
all those that were possibly involved in the infringement, especially when one has to<br />
deal with professional infringers, so as to help the right holder locate and take action<br />
against the infringers’ accomplices. But they have some inherent shortcomings, such<br />
as:<br />
� They are all non-mandatory. Therefore, members of WTO may or may not provide<br />
the competent authorities with the authority to inform the right holder of the names and<br />
addresses of the consignor, the importer and the consignee and of the quantity of the<br />
goods in question<br />
� They limit the obligation to provide information about third parties to their identity.<br />
The infringer is not be obliged to provide other information such as the type of business<br />
or commercial activities of such parties, methods or technologies used, etc<br />
� The obligation to inform about “channels of distribution” does not make clear<br />
whether information about such channels would include data on persons, places<br />
of storage and sale, destination of infringing products, etc. This obligation also does<br />
not seem to include upstream information about suppliers<br />
13
<strong>Counterfeiting</strong> Perspectives<br />
� In the course of investigations and raid actions the customs, police and authorities<br />
obtain documents and other information that can be useful to facilitate deeper investigations<br />
into the source and destination of counterfeit goods. In many cases, government<br />
enforcers do not have the resources or authority to conduct such an investigation.<br />
However, allowing brand owners prompt access to such documents and other information<br />
enables them to conduct more efficient private investigations, or to file complaints<br />
to the courts or other government agencies.<br />
Recommendation<br />
In order to ensure that brand owners have prompt access to information regarding<br />
counterfeits and counterfeiters, the following measure is strongly recommended:<br />
♦ Governments should be encouraged to revise their laws, regulations and procedures<br />
to provide brand owners with prompt and unlimited access to relevant documents<br />
and information on counterfeiters, for the brand owners’ use in conducting private<br />
investigations or the filing of complaints to the courts or other government agencies.<br />
The disclosure of such information must of course be balanced against privacy<br />
concerns, but since counterfeiting is criminal behavior, it is hoped that governments<br />
will be able to strike an appropriate balance<br />
Conclusions<br />
Securing political commitment by reaching out to specific governments, especially<br />
China, and international non-governmental organizations is the correct approach.<br />
But contributing to major regional and global private-public initiatives such as some<br />
of those mentioned above is also critical.<br />
These initiatives have all been very successful in raising political awareness and have<br />
a high level of participation from government ministries, law enforcement agencies,<br />
customs, police and the judiciary. We now need to turn the commitment into specific<br />
concrete actions that will improve the framework and make counterfeiting an unattractive<br />
means for criminals to support their illicit activities. ICC/BASCAP, together with<br />
INTA and other private sector alliances and associations, are ideally placed to continue<br />
to put pressure on governments to turn commitment into action.<br />
The ongoing challenge now is to keep anti-counterfeiting high on the public policy<br />
agenda and to continue to raise consumer awareness, without damaging confidence<br />
in the brands that the Intellectual Property system was set-up to protect. The ultimate<br />
goal is to eliminate counterfeits from the supply chain and re-establish consumer<br />
confidence in international trade.<br />
The author would like to acknowledge the contribution of Faisal Daudpota at INTA<br />
and the INTA Committee in the background and research of sections of this article.<br />
14
<strong>Counterfeiting</strong> Perspectives<br />
Artesunate:<br />
Fixing the Fake Hologram Problem<br />
By Dr David Pizzanelli, PhD, Consultant<br />
At no time is brand authentication more important than<br />
when lives are at stake. People who might willingly<br />
purchase a fake book, belt or handbag will think twice<br />
about purchasing a product to ingest if it might be<br />
counterfeit. When it might cost you your life no one<br />
wants to buy anything but the genuine product.<br />
Thus the circumstances of counterfeit Artesunate are particularly harrowing and<br />
vividly illustrate some of the challenges the brand protection industry faces.<br />
Artesunate is an anti-malarial drug used against Plasmodium falciparum - a particularly<br />
invidious species of malaria that has grown resistant to traditional remedies. Fake<br />
Artesunate has been found throughout Southeast Asia. Of samples purchased in<br />
Cambodia, Laos, Myanmar, Thailand and Vietnam, fakes were found in all five<br />
countries and one laboratory reported that nearly two-thirds of the Artesunate it tested<br />
was fake. As the counterfeit anti-malarial drugs usually contain no active ingredient,<br />
the patient is at substantial risk of developing severe malaria and dying. The true death<br />
toll is not known however, as the effects of fake anti-malarials are often disguised<br />
among the unrecognised deaths of the rural poor throughout Southeast Asia.<br />
Whilst investigators can test for the active ingredient in Artesunate using the Fast-Red<br />
dye test, the hapless consumer can only trust their judgement based on the appearance<br />
of the pills and the packaging. And whilst lab analysis of sample packs purchased<br />
provides a useful means of estimating the proportion of the market taken over by<br />
counterfeiters, it does nothing to assist the customer at the point of sale.<br />
Role of the Hologram<br />
The principal means of distinguishing<br />
genuine packs of Artesunate from<br />
the fakes is a small, poorly made<br />
hologram sticker 14 mm in diameter.<br />
The central image is made in the<br />
“2D-3D” style (generated from flat<br />
graphic line artwork) but with some<br />
distinctions from the traditional 2D-3D<br />
method that indicate this hologram<br />
was made in Asia rather than in that<br />
Europe or America.<br />
Malaria – the facts<br />
� Approximately 40% of the world’s population is at risk<br />
of contracting malaria.<br />
� Malaria kills more than 2.5 million people each year.<br />
� Every year up to 500 million people in Asia and Africa<br />
contract Plasmodium falciparum.<br />
Genuine Artesunate packaging<br />
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<strong>Counterfeiting</strong> Perspectives<br />
Firstly, the image is only “2D”, with no depth<br />
in the image (a traditional 2D-3D made in<br />
the West would normally have at least two<br />
levels of graphics). Secondly, the 2D image<br />
is comprised of only two colours and there<br />
is a distinct difference in the level of diffusion<br />
in the colours (a 2D-3D usually has at least<br />
four distinct colours with a uniform level of<br />
diffusion of the rainbow hues). The most<br />
interesting feature of the genuine hologram<br />
is the outer ring comprised of small grating<br />
segments. This is a distinctive origination<br />
style, and very different from those used in<br />
the West or by Asian companies who derived<br />
their technology from Western companies<br />
in the 1980-90’s.<br />
To create a similar rotating kinetic feature<br />
A genunine Artesunate hologram<br />
most holographers (both in the West and in Asia)<br />
would use a “Dot-Matrix” machine that exposes tiny dots of grating at different angles<br />
to make features that appear animated, as in this case to rotate as the hologram is<br />
viewed left-to-right. The unusual characteristic of the Artesunate hologram is that<br />
the kinetic feature is not composed of small pixels made by automatic exposure, but<br />
separate sections of grating, each exposed by the classical method, in a holography<br />
studio. At X60 magnification one can see the areas of grating section that have been<br />
exposed around the ring; at X200 magnification one can see that these sections are<br />
double exposed in some areas, due to mis-registration. Lateral motion of light through<br />
four areas in sequence gives rise to the appearance of circular motion.<br />
Given the potential profits to be made from counterfeit drugs it is not at all surprising<br />
that attempts were made to simulate the hologram. But what is unusual is the sheer<br />
quantity of different types of counterfeits that have appeared in the marketplace.<br />
As at August 2007, no fewer than sixteen different types of fake hologram and<br />
simulations have been detected.<br />
Several of the simulations have no similarity to the genuine hologram, as they are<br />
crudely made and not holographic. Anyone familiar with the real hologram would have<br />
no difficulty in recognising that the simulations are not true holograms and are clearly<br />
inferior. Unfortunately, without a public awareness programme to support the genuine<br />
hologram, the sheer quantity of different fake stickers has the effect of diminishing<br />
the significance of the hologram as an authentication device.<br />
Far more significant are the counterfeit packs that carry actual counterfeit holograms.<br />
At least nine different types have been identified, one or two of which actually look<br />
more professional than the genuine hologram in terms of clarity and brightness of the<br />
images.<br />
Bizarrely, several of the fake holograms have been made using the same techniques<br />
as the genuine hologram. For example, the kinetic feature of the outer ring is not<br />
composed of dots made by a Dot-Matrix machine, but is comprised of separate<br />
grating sections (showing clear misalignment of the sections), just as in the original,<br />
16
<strong>Counterfeiting</strong> Perspectives<br />
suggesting that there may be a common link between the different fake holograms.<br />
A further possibility, given that the method of making this element is not a standard<br />
technique, is that there may have been a technology link between the makers of the<br />
fake holograms and the holographers who made the genuine image.<br />
The fake holograms are becoming increasingly sophisticated, even copying details<br />
such as the micro-text and the UV ink overprinting that were absent in earlier<br />
generations. Likewise, the printed details on the box and blister pack, as well<br />
as the markings on the actual tablets, have all been copied to the point where<br />
visual inspection is no longer a reliable method for identifying the genuine product.<br />
More worryingly, the counterfeiters have even started to include small sub-therapeutic<br />
amounts of Artesunate in their fake pills, possibly in an effort to defeat the Fast Red<br />
dye test. But the long term result of adding ineffectual quantities of the active ingredient<br />
may be more devastating than selling tablets that are made from pure starch or chalk,<br />
as they may in time lead to the Plasmodium falciparum parasites developing a resistance<br />
to the medication. In these cases not only does the victim die horribly, but the<br />
treatment with low concentrations of Artesunate from fake products greatly increases<br />
the risk of the selection and spread of artemisinin resistant parasites. In time, this will<br />
inevitably lead to a decline in the effectiveness of this vital medicine, which up to this<br />
point had proved to be fast-acting and effective against Plasmodium falciparum in Asia<br />
and Africa. If the parasites become resistant to Artesunate, then many more victims<br />
will die in the future, even if they are fortunate enough to purchase and ingest the<br />
genuine product.<br />
Examples of fake Artesunate holograms<br />
17
<strong>Counterfeiting</strong> Perspectives<br />
Ironically, although the counterfeiters may be attempting to defeat the Fast Red dye<br />
test as a means of identifying their fake product, it is not a covert marker that will<br />
eliminate the trade in fake Artesunate. Only a clear, unambiguous visual device on the<br />
box and blister pack will enable the consumer to make the right choice and purchase<br />
the genuine product. Thus, what is urgently required is a new, much larger hologram<br />
of a type that cannot be easily duplicated, such as a true classical 3D hologram made<br />
from an intricate three-dimensional model or a true colour stereogram of a unique<br />
subject on the box, and also a distinctive hologram across the aluminium of the blister<br />
pack to provide a second level of visual authentication in the event that the drugs are<br />
removed from their outer packaging.<br />
Only by depriving the criminals of revenue will the trade in fake Artesunate be stopped.<br />
That can only be achieved by enabling the consumer to visually determine the genuine<br />
product. Until then, the manslaughter - some would say murder - will continue.<br />
Regardless of the growing family of bogus holograms and the continued loss of their<br />
market share to the counterfeiters - now up to 80% in some areas - the manufacturers<br />
of Artesunate, Guilin Pharmaceutical Co. (China) continue to use the same poorly<br />
made hologram sticker on their packaging that they have done for the past decade.<br />
In view of the great importance of this drug to millions of people in Asia and Africa,<br />
surely it is time that the Chinese Government and the international community assisted<br />
Guilin to produce new effective hologram packaging to preserve the efficacy of this vital<br />
medicine.<br />
18
<strong>Counterfeiting</strong> Perspectives<br />
BASCAP:<br />
Aims, Achievements and Future Ambition<br />
By Tracy Faustin, ICC Paris<br />
The International Chamber of Commerce launched<br />
BASCAP (Business Action to Stop <strong>Counterfeiting</strong> and<br />
Piracy) in 2005 to connect business sectors and cut<br />
across national borders in the fight against counterfeiting<br />
and piracy.<br />
BASCAP uniquely unites the global business community<br />
across all product sectors and delivers messages from<br />
corporate officials – creating compelling arguments to<br />
governments and media that the problem is critical to<br />
businesses at the highest level.<br />
Operationally, BASCAP identifies and addresses issues<br />
associated with intellectual property theft. It also petitions<br />
for greater commitments by local, national and international officials in the enforcement<br />
and protection of intellectual property rights.<br />
There are three primary objectives and goals:<br />
Objectives<br />
1. Connect ongoing activities and coordinate business strategies and messages.<br />
2. Produce information that has value to corporations and trade associations<br />
across sectors.<br />
3. Amplify business messages to governments and consumers.<br />
Goals<br />
1. Increase both awareness and understanding of counterfeiting and piracy<br />
activities that cause economic and social harm.<br />
2. Change the culture.<br />
3. Compel government action and the allocation of resources.<br />
To achieve these goals and objectives, BASCAP has concentrated on creating a set<br />
of tangible products to greatly improve the transparency and exchange of information<br />
and facilitate connections among industry players, government, policymakers and<br />
enforcement officials engaged in the global fight against counterfeiting and piracy.<br />
This article examines the various BASCAP projects currently underway, outlines their<br />
progress and achievements to date, and sets out future plans.<br />
1: Information clearinghouse to connect strategies and facilitate networking<br />
This is a central location to exchange information (e.g. data, good practices, innovative<br />
solutions, model legislation) and to connect ongoing efforts (e.g. which organizations<br />
are taking what actions where). BASCAP plays a dual role of collecting information<br />
from a wide network of sources and connecting this information back to stakeholders<br />
and other actors via regular email circulars and through the use of a clearinghouse<br />
that is available to BASCAP’s participants and contributors.<br />
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<strong>Counterfeiting</strong> Perspectives<br />
The benefits include:<br />
♦ A distributed exchange platform, where a large number of organizations participate<br />
in – and benefit from – BASCAP both as providers (sharing knowledge and information<br />
from their experiences and activities) and as users (benefiting from the online<br />
resources).<br />
♦ Connecting information currently provided by existing sector and organizational<br />
websites that may exist in isolation from similar efforts in other industry sectors or<br />
in different regions of the world.<br />
♦ Expanding the existing knowledge network by putting the internet-based, information<br />
pipeline into the hands of a greater number of actors; generating content for educational<br />
and outreach products; and serving as an accessible, international platform for<br />
communicating business messages.<br />
♦ Informational resource for global media.<br />
Requests for information, case studies, strategies and best practices were initiated at<br />
the end of 2004. Several organizations supplied information in order to create a data<br />
management and input system, and provided content to the site. Once the website<br />
prototype became available, the first and second generation sites went online in 2005<br />
with partial sponsorship received from the Business Software Alliance (BSA). Below<br />
is a visual of BSA’s contribution to the Business Software Gateway. Sponsorship has<br />
subsequently also been received from the International Federation of the Phonographic<br />
Industry (IFPI).<br />
20
<strong>Counterfeiting</strong> Perspectives<br />
2: Standing up for Intellectual Property<br />
A lively brochure entitled Intellectual Property: Source of Innovation, creativity,<br />
growth and progress addresses frequently raised concerns about intellectual property<br />
protection. It provides useful arguments and supporting information for the business<br />
community to make the case for intellectual property rights and demonstrating why<br />
intellectual property (IP) is so important to, among other things, economic development<br />
and creativity. It was created in a question/answer format featuring charts, facts, figures<br />
and supporting arguments that can also be used by BASCAP members as background<br />
information for speeches and interviews. This document serves as a “foundation”<br />
document in two ways: it could be used by any business operative to demonstrate<br />
the broad-based need for IP enforcement. It is also a document around which specific<br />
sectors/companies can build their individual messages. Information for the brochure<br />
was obtained through research and expert contributions with substantial sponsorship<br />
from Croplife International.<br />
The benefits include:<br />
♦ Providing the business community with arguments and supporting information<br />
to make the case for intellectual property protection from a global, multi-sectoral<br />
perspective.<br />
♦ Laying the foundation for explaining to policymakers and the public why they<br />
should respect and enforce intellectual property rights.<br />
see screendump over/<br />
21
<strong>Counterfeiting</strong> Perspectives<br />
3: Database of stories on the negative impact of IP theft<br />
Media, policy-makers and the public are often more effectively influenced (and<br />
motivated to act) by accounts and stories that touch their lives and reveal the negative<br />
impacts of IP theft than they are by statistics. Currently, various collections exist.<br />
However, these are, for the most part, very limited in both content and scope. They<br />
also tend to be outdated or refer to older references and statistics. The BASCAP<br />
compendium was designed to draw from various collections that exist and build<br />
up a current, international and cross-sectoral library of stories.<br />
The benefits include:<br />
Providing a powerful message on the extent of counterfeiting and piracy, especially<br />
highlighting industry sectors with which policymakers and the public may be less<br />
familiar. It also offers valuable background content in the production of communications<br />
used for amplifying messages to governments, intergovernmental organizations<br />
and the public. Partial sponsorship was first received from IFPI.<br />
AchievementsBy 2006 BASCAP had completed and achieved the following tasks<br />
(in summary) during Phase 1:<br />
BASCAP country and sector gateways offer critical intelligence on a country and<br />
sector basis, tracking developments in real time across geographic borders and<br />
business sectors.<br />
Brand protection directory, developed in partnership with the ICC <strong>Counterfeiting</strong><br />
Intelligence Bureau, informs interested parties of measures the business community<br />
can take to protect its own brands through investigation or use of anti-counterfeiting<br />
technologies.<br />
22
<strong>Counterfeiting</strong> Perspectives<br />
Connections gateway identifies who is working on IPR protection issues and<br />
in what capacity, allowing actors to better co-ordinate and avoid duplicating efforts.<br />
Case study database is a first-ever attempt to catalogue thousands of reports, facts<br />
and experiences that clarify the need for better IPR enforcement and deepen public<br />
understanding of the harm counterfeiting and piracy impose on the greater society.<br />
Standing up for intellectual property is a document that provides arguments for the<br />
protection of intellectual property rights from economic, social and legal standpoints.<br />
2006 letter to EU President Barroso is a call from BASCAP CFO’s to the European<br />
Union to give sufficient political support to the fight against counterfeiting and piracy.<br />
Phase 2 (2007 – 2008)<br />
The current focus is now on setting standards for global performance by governments<br />
and companies; framing decisions for policymakers; pushing for the allocation of<br />
resources at the highest levels in national governments; and, improving awareness<br />
on a global basis.<br />
Global Survey on <strong>Counterfeiting</strong> and Piracy<br />
In January 2007, BASCAP conducted the BASCAP Global Survey on <strong>Counterfeiting</strong><br />
and Piracy, in cooperation with the Cass Business School, City University, London.<br />
It is a business perceptions-based survey highlighting areas that deserve greater<br />
attention within national intellectual property protection regimes. The survey polled<br />
48 companies, many of which operate globally, spanning 27 product categories.<br />
23
<strong>Counterfeiting</strong> Perspectives<br />
The findings provide a snapshot of country and business efforts to stop the theft of<br />
intellectual property, which has become a substantial drain on business and has led<br />
to the widespread loss of jobs and a massive reduction in tax revenues. Full details<br />
of the survey results can be found here http://www.iccwbo.org/bascap/id892/index.html<br />
GLG meeting, Geneva 2007<br />
The second meeting of the GLG, held on 29 January in Geneva, was co-chaired<br />
by Jean-René Fourtou (Vivendi) and hosted by Peter Brabeck-Letmathe (Nestlé).<br />
20 corporate officials attended, including 35 observers made up of BASCAP Steering<br />
Committee. The group all agreed that since the last meeting the real progress has<br />
been made on the counterfeiting and piracy side. Strategies and plans were discussed<br />
and tasks were set for the BASCAP Steering Committee to drive in 2007 and beyond.<br />
Today, the GLG co-chairs include:<br />
Europe: Jean-René Fourtou, Chairman of the Supervisory Board, Vivendi, France<br />
Americas: Bob Wright, Vice Chairman and Executive Officer, General Electric,<br />
United States<br />
Asia-Pacific: Nobuyuki Idei, former CEO of Sony Corporation and Representative<br />
Director of Quantum Leaps Corporation, Japan<br />
BASCAP Digest<br />
The BASCAP Weekly Digest was launched in April 2007. It is a weekly report that<br />
provides information on counterfeiting and piracy incidents, policy developments<br />
and technology solutions. This product is being developed in partnership with the<br />
ICC <strong>Counterfeiting</strong> Intelligence Bureau (CIB), drawing upon its 20 years of experience<br />
working with industries to protect brand owners from the damage caused by<br />
counterfeiting and piracy. The Digest also benefits from CIB’s track record of gathering<br />
intelligence, making undercover enquiries, organizing the seizure of counterfeits, and<br />
providing expert advice and training.<br />
Information contained in the Digest is intended to narrow the gap between limited<br />
available data and the global awareness that counterfeiting and piracy are growing<br />
at an alarming rate. In addition, information contained therein provides governments,<br />
industry actors and the public with a better understanding of the size of the<br />
problem and the threat it presents. In particular, policymakers rely on good data<br />
and better information in order to make balanced decisions on how investments<br />
in IP enforcement can pay tangible dividends to economic development and society.<br />
Information reported in the Digest is gathered through a rigorous search of public news<br />
and information sources from around the world, and subsequently organized into key<br />
categories. The articles that appear in the Digest are a hand-picked selection of the<br />
most important news stories published that week. This tailor-made approach, therefore,<br />
delivers key highlights while avoiding duplicative reports and extraneous news stories.<br />
While thousands of sources are checked each day, the current research methodology<br />
is limited to information publicly available on the Internet and sourced in English and<br />
English translations.<br />
Clearly, the scope of this problem and the natural limitations on available data means<br />
that the Digest cannot capture all stories every day. The Digest is, however, an<br />
important step forward in closing the information gap that has long hindered the<br />
ability to stop counterfeiting and piracy.<br />
24
Brand Protection Directory<br />
<strong>Counterfeiting</strong> Perspectives<br />
BASCAP’s online Brand Protection Directory, which now includes 41 international<br />
companies and firms, has been restructured to maximize its utility to stakeholders.<br />
Namely, the Directory is now more user-friendly with the addition of searchable<br />
categories such as product and service type, country of origin, and locations of<br />
operation.<br />
To expedite the search for various products and services, brand owners can now locate<br />
companies specializing in a given area via 11 distinctive categories including overt<br />
and covert technologies, diagnostic market surveys, investigations and legal services.<br />
All Directory pages feature company name and a direct link to the company’s website<br />
or other appropriate contact information in order to increase visibility and accessibility.<br />
Companies are also listed by country of origin. There are presently 16 countries<br />
listed in this category; however, because many companies conduct their business<br />
internationally, there is an additional search feature for locations of operations.<br />
There are 60 countries of operation listed, which span six continents.<br />
Participating companies are encouraged to utilize BASCAP communications channels<br />
to educate and inform companies and other stakeholders about the availability and<br />
achievements of their products and services. This presents a valuable opportunity for<br />
25
<strong>Counterfeiting</strong> Perspectives<br />
businesses specializing in brand protection/enforcement products and services to<br />
highlight their work and demonstrate their support and engagement in the BASCAP<br />
mission.<br />
The Brand Protection Directory is prominently featured in the BASCAP Information<br />
Clearinghouse: www.iccwbo.org/bascap.<br />
BASCAP Newsletter<br />
The BASCAP Newsletter is one part of our information campaign to keep our “BASCAP<br />
network” of companies and associations and ICC National Committees up-to-date on<br />
our activities. The latest edition was published in December 2007 and can be found<br />
here: http://www.iccwbo.org/bascap/id8329/index.html.<br />
2007 focus areas<br />
Country index<br />
Building upon the BASCAP Global Survey of business perspectives, the premise for<br />
this project is that the benchmarks establish minimum performance levels and the<br />
index will then be used to measure/evaluate performance. The index would create<br />
considerable media attention and could be used effectively to point out where improvement<br />
could be made or to highlight good practices or where progress has been made.<br />
Local government blue-prints<br />
This project is derived from the value of recent efforts by the cities of Los Angeles<br />
and New York City to quantify local losses associated with counterfeiting and piracy.<br />
A model or blueprint for how investments in IP enforcement can pay tangible dividends<br />
to local economic development and society (e.g. employment, tax base, technology<br />
transfer, fighting organized crime) will be devised for use by local governments worldwide.<br />
Model IP Compliance Policies/principles for business<br />
The complement to a set of government benchmarks is a set of IP compliance<br />
principles for business. The project will provide reasonably detailed information<br />
to businesses on what practical steps they can take to improve (and showcase)<br />
their compliance with IP laws. The principles would provide a reasonable amount<br />
of specificity beyond ‘obey the law, keep good records’, but not be so detailed so as<br />
to implicate individual industry issues or contentious areas. In addition to demonstrating<br />
that business recognizes and accepts a role in the fight against counterfeiting and<br />
piracy, the product will serve as a mechanism for aligning IP policy throughout a<br />
corporation’s global/subsidiary operations and with intermediaries, such as suppliers,<br />
shippers, retail, financial, manufacturing, etc.<br />
Media best practices<br />
An important theme carried over from the Geneva GLG meeting was the need for<br />
BASCAP to take a strong position via public education. One of the strongest ways to<br />
achieve the awareness and education objectives is to use timely, newsworthy events<br />
to generate media attention and coverage, and we have done this by capitalizing<br />
on the OECD report and G8 meetings. In addition, there is an ongoing opportunity<br />
to leverage BASCAP’s central role vis-à-vis sector and national anti-counterfeiting<br />
organizations, to identify and share education and awareness-building models. We<br />
plan to survey and assess sector and national media campaigns to identify current best<br />
26
<strong>Counterfeiting</strong> Perspectives<br />
practices and models for reapplication. Deliverables might include key messages, a<br />
template or model awareness campaign, a ‘media kit’ and/or a school-based education<br />
program. A set of international and cross-sector messages could be a valuable<br />
complement to individual national or sectoral communications strategies.<br />
Communications and media relations<br />
Communications and public education are essential in the fight against counterfeiting<br />
and piracy. BASCAP is implementing a multi-faceted public awareness campaign<br />
to enhance understanding of intellectual property theft and its consequences.<br />
Policymakers are targeted so that they better understand the huge social and<br />
economic costs arising from counterfeiting and piracy.<br />
ICC’s media “assets” include: materials production staff, editorial writers, website<br />
featuring 300,000 page views per month, global mailing lists, email alerts, newsletter,<br />
exhibition materials, national committees, media partnerships, events and conference<br />
planning, and a global network of media contacts. Notably:<br />
� Major international media that covered the ICC GLG meeting, a newly<br />
released BASCAP survey and the Congress included: CNN, BBC, CNBC, Bloomberg<br />
TV, Star TV Asia, Al Jazeera, Reuters, Associated Press, Dow Jones Newswire,<br />
Agence France Presse, The Financial Times and the International Herald Tribune.<br />
National television, radio and press reports were issued in some 23 countries<br />
throughout the world, notably in China, Russia, India, Germany, the U.S. and Brazil.<br />
By conservative estimates, we believe we have reached at least 350 million households<br />
worldwide.<br />
� More than 100 news reports mentioning ICC/BASCAP have already<br />
appeared via television, wire services, newspapers, magazines, e-publications<br />
and radio. Reports will continue to appear for some months as publications and<br />
programming with longer lead times are released. The in-flight programming we<br />
have arranged will begin in April on seven airlines, with more airlines expected to<br />
follow.<br />
The future (2008 - 2009)<br />
G8 Summit - ICC provides business input into the annual G8 Summit and has<br />
contributed to the success in elevating IPR enforcement onto the summit’s agenda.<br />
BASCAP national affiliates have since been working to encourage G8 countries to<br />
implement their leaders’ commitments on increased IPR protection, offering BASCAP<br />
information resources to expedite the process.<br />
Benchmarking Government Performance - This project will entail identifying key<br />
areas/topics and prescribing an associated benchmark level of performance. The<br />
spectrum of benchmark areas include: allocation of resources, enforcement, border<br />
control, free trade zones, adjudication, securing the supply chain, public education,<br />
adherence to international protocols, and other standards. It was agreed that this<br />
proactive approach to determining priorities – along with widespread publication of<br />
these priorities – could then form the basis of BASCAP advocacy efforts, providing a<br />
standard by which to encourage government actions, funding, policies and rulemaking.<br />
Similarly, the benchmarks would be fed into BASCAP’s available communications<br />
outlets, meetings, conferences and media.<br />
27
<strong>Counterfeiting</strong> Perspectives<br />
Border control issues - BASCAP will work with other business and national<br />
organizations to strengthen border control, e.g. Free Trade Zones and Czech/German<br />
border market issues.<br />
Intergovernmental organizations - BASCAP will track efforts of key IGOs (e.g.<br />
WCO, WIPO, Interpol, WHO, etc.) to provide appropriate support for work of the IGO<br />
secretariats and to use the IGO governing bodies as a conduit to effecting actions at<br />
the national level.<br />
Global Congress to Combat <strong>Counterfeiting</strong> and Piracy - BASCAP works with<br />
Interpol, the World Intellectual Property Organization (WIPO), the World Customs<br />
Organization (WCO), and other concerned business groups to bring the major players<br />
together to share strategies and join efforts at this regular congress. In 2008, the<br />
Global Congress will be held in Dubai with the support of the Dubai Customs Authority<br />
Participation<br />
BASCAP is in the business of empowering companies and organizations to control<br />
their IPR now and in the future.<br />
BASCAP is open to all companies and organizations, large and small, committed<br />
to the fight against counterfeiting and piracy. Participants are invited to endorse<br />
BASCAP objectives, contribute to the development of BASCAP projects and lend<br />
their organization’s name to the BASCAP global list of supporters. Additionally,<br />
companies and organizations are invited to:<br />
√ Provide in-kind support, by contributing to the drafting of materials, translating<br />
documents, participating in implementation teams, hosting stakeholder events<br />
and organizing legislative initiatives or educational workshops in a country/region<br />
of interest.<br />
√ Financially support the initiative through membership in the Global Leadership<br />
Group, or by sponsoring a particular BASCAP product.<br />
Contact<br />
Jeffrey Hardy<br />
ICC BASCAP Coordinator<br />
jhd@iccwbo.org<br />
28
QUANTIFYING THE PROBLEM<br />
The Global Scale and Impact of<br />
<strong>Counterfeiting</strong> and Piracy<br />
We will never know the true extent of the global counterfeiting<br />
and piracy phenomenon as we are dealing with a clandestine<br />
trade which defies accurate measurement. There have though<br />
been many attempts by different organisations and industries<br />
over the past few decades to estimate its scale.<br />
One of the most widely quoted statistics is the estimate<br />
by the ICC <strong>Counterfeiting</strong> Intelligence Bureau that global<br />
counterfeiting accounts for between 5 to 7 per cent of<br />
international trade. This currently equates to a figure in<br />
excess of US$500 billion.<br />
In 2007, the OECD published a study concluding that the<br />
international trade in tangible counterfeit and pirated products<br />
could be as much as $200 billion a year. It added that the<br />
total figure could be several hundred billion dollars more<br />
if counterfeit and pirated products sold over the Internet<br />
and those produced and sold domestically are included.<br />
Some idea of the scale of the problem can be gleaned from<br />
looking the level of customs seizures of counterfeit and pirated<br />
product within Europe and the United States. In addition certain<br />
industry groups regularly compile their own estimates.<br />
Details of these are set out on the following pages.<br />
29
EU Customs Statistics<br />
The statistics for 2006 – the latest available - show that the number of cases taken by<br />
customs involving goods infringing intellectual property rights, as well as the number<br />
of articles seized increased dramatically compared to 2005.<br />
In 2006, customs intercepted more than 128 million counterfeit and pirated articles,<br />
involving 37,334 cases. Compared to 2005 figures, where customs seized 75 million<br />
articles involving 26,000 cases, this represents an enormous increase of the goods<br />
seized, as well as the customs activities in this area.<br />
The 2006 statistics show an increase in most sectors of goods. Particularly worrying is<br />
the increase in medicines and products for personal care, as these products could<br />
potentially harm the health and safety of consumers.<br />
The more traditional sectors of counterfeit goods, namely clothing and luxury goods,<br />
also showed another big increase. The large seizure of sport shoes by the German<br />
customs administration – over 100 containers were seized in Hamburg in one operation<br />
- highlights the continuing interest of fraudsters in this area of counterfeiting.<br />
The figures showed a decrease in the quantities of goods seized by customs in only<br />
three areas during 2006, namely the food sector, electrical equipment sector and the<br />
computer equipment sector.<br />
30
EU Customs Statistics<br />
Articles seized by type of product - 2006<br />
Almost 60% of the articles seized in 2006 were cigarettes, yet they concerned less<br />
than 1 % of the cases. 65% of cases related to the textile sector, with more than 10%<br />
of the articles seized. In addition to a few cases concerning enormous quantities of<br />
seized articles, there was also a significant increase in cases involving fewer articles.<br />
This could be explained by the fact that more traffic has been detected in postal and<br />
air traffic, possibly due to booming internet sales. The considerable increase in the<br />
number of cases involving seizures – from 26,000 cases to over 37,000 cases<br />
suggests more effective risk management customs controls.<br />
Although cigarettes represented a large proportion of all seizures, seizures of other<br />
products also increased dramatically during 2006 in comparison to the previous year.<br />
The amount of goods seized in 2006, other than cigarettes, increased by more than<br />
25% compared to 2005. This is also a reflection of the trend towards diversification<br />
in the products that are subject to counterfeiting and piracy.<br />
In the sector of electronic equipment there has been an increase in relation to the<br />
violation of the patent on MP3/MP4 players and other electronic equipment such as<br />
DVD players. Another big source of counterfeit goods in this sector was accessories<br />
for telephones. The seizure of a growing quantity of counterfeit adapters, chargers and<br />
batteries is of particular concern, as they represent a particular danger to consumers.<br />
The 2005 trend in which there were less articles seized in the sector covering CDs/<br />
DVDs was reversed in 2006 and showed a marked increase. This is in part due to<br />
the rise of other digital carriers like memory sticks and memory cards.<br />
31
Origin or provenance of goods - 2006<br />
EU Customs Statistics<br />
In terms of overall quantities seized during 2006, China remains the<br />
main source for counterfeit goods, with 79 % of all articles seized<br />
coming from there. However, it should be noted that with regard<br />
to the number of cases treated by customs, the selection is far<br />
more widespread and China only accounted for a third of the cases.<br />
In the medicines sector, India is the number one source, followed by the United Arab<br />
Emirates and China. Together, these 3 sources were responsible for more than 80 %<br />
of all counterfeit medicines. In other cases, other countries predominate: i.e. in the food<br />
sector Turkey remains the main source.<br />
Type of rights of the number of articles seized<br />
32
EU Customs Statistics<br />
33
US Customs and Border Protection<br />
Domestic value of goods seized for IPR violations at the mid-year point in FY<br />
2007 increased by 141% to $110.2M from $45.7M at mid-year in FY 2006.<br />
The number of IPR seizures increased 22%, from 5,940 to 7,245.<br />
Footwear was the top commodity seized with a domestic value of $39.7M,<br />
accounting for 36% of the entire value of infringing goods. Of this, footwear<br />
from China accounted for 97.3% of all IPR infringing footwear.<br />
Watches and parts, pharmaceuticals, footwear and consumer electronics<br />
all had significant increases in domestic value at mid 2007 compared with<br />
mid 2006.<br />
US Top Commodities Seized - Mid Year FY 2007<br />
(Source: US Customs and Border Protection)<br />
Percentage Increase/Decrease by Value<br />
34
US Customs and Border Protection<br />
China was the top trading partner for IPR seizures with a domestic value of<br />
$89.2M, or 81% of the total value seized. For the first time, Egypt ranks among<br />
the top five trading partners for IPR violations.<br />
US Top Trading Partners by Value of IPR Seizures<br />
Mid Year FY 2006<br />
Pirate Sales<br />
36%<br />
Percentage Increase/Decrease by Value<br />
35
COUNTERFORCE<br />
SECTION 1<br />
COUNTERFORCE<br />
37<br />
COUNTERFORCE
COUNTERFORCE<br />
INDEX<br />
LAW FIRMS LISTED BY COUNTRY<br />
COUNTRY COMPANY NAME Page No<br />
AUSTRIA Gassauer-Fleissner Rechtsanwälte GmbH 40<br />
BRAZIL Dannemann Siemsen Advogados 41<br />
BRUNEI Y C Lee & Lee 43<br />
CHINA China United I P Protection Centre (CUIPPC) 44<br />
CZECH REPUBLIC Advokátní Kancelár Kríz & Belina 46<br />
DENMARK Plesner 48<br />
FINLAND HH Partners, Attoneys at Law 49<br />
GERMANY Busse & Partners 50<br />
GERMANY Lovells 51<br />
GREECE Ballas, Pelecanos & Associates 53<br />
HUNGARY Danubia Patent & Trademark Attorneys 54<br />
INDIA Anand and Anand 55<br />
ITALY Studio Legale Sutti 56<br />
JORDAN Abu Ghazaleh Legal 58<br />
KOREA (SOUTH) Kims and Lees 60<br />
LATVIA Agency Tria Robit 62<br />
LEBANON Raphaël & Associés 63<br />
LIECHTENSTEIN Wanger Advokaturburo 64<br />
LITHUANIA Metida law firm of Reda Zaboliene 65<br />
38
COUNTERFORCE<br />
INDEX<br />
LAW FIRMS LISTED BY COUNTRY<br />
COUNTRY COMPANY NAME Page No<br />
MALAYSIA Tay & Partners 66<br />
MOROCCO Office of M Mehdi Salmouni-Zerhouni 68<br />
NETHERLANDS Van Doorne 69<br />
NIGERIA AELEX 70<br />
NORWAY Advokatfirmaet Haavind Vislie AS 72<br />
POLAND Patent Attorneys Company Patpol Ltd 73<br />
PORTUGAL Abreu, Cardigos & Associados 74<br />
QATAR Al Kaabi Law Firm 75<br />
ROMANIA Rominvent SA 76<br />
SAUDI ARABIA The Law Firm of Majed M Garoub 77<br />
SEYCHELLES Lafafsi Ltd 78<br />
SPAIN Elzaburu 80<br />
SRI LANKA John Wilson Partners 81<br />
SWITZERLAND Gros & Waltenspühl 82<br />
TAIWAN Saint Island Intl. Patent & Law Offices 85<br />
THAILAND Tilleke & Gibbins International Limited 86<br />
TURKEY Deris Patents & Trademarks Agency A.S. 88<br />
UKRAINE Pakharenko & Partners 91<br />
UNITED ARAB EMIRATES Afridi & Angell Legal Consultants 92<br />
39<br />
COUNTERFORCE
COUNTERFORCE<br />
AUSTRIA<br />
Name of Firm GASSAUER-FLEISSNER Rechtsanwälte GmbH<br />
Address Wallnerstrasse 4<br />
A-1010 Vienna<br />
Telephone +43 1 205 206 120<br />
Fax +43 1 205 206 125<br />
Email office@gassauer.at<br />
Website www.gassauer.at<br />
Contact Partner(s) Christian Gassauer-Fleissner<br />
c.gassauer@gassauer.at<br />
Barbara Kuchar b.kuchar@gassauer.at<br />
Michael Wolner m.wolner@gassauer.at<br />
Background of Firm<br />
GASSAUER-FLEISSNER RECHTSANWÄLTE GmbH (GFR) is an independent Austrian firm of business<br />
lawyers. The services offered cover all major fields of business law.<br />
The IP Department is headed by Christian Gassauer-Fleissner, who for more than twenty years has been<br />
involved in a very substantial number of landmark cases in patent and trademark law. The team, consisting<br />
of Christian, Barbara Kuchar, Michael Wolner, Rainer Schultes and Max W Mosing not only leads one<br />
of the largest IP practices in the country. Different from almost all other firms who concentrate on one sector<br />
in the area of IP law, the partners and attorneys at GFR provide highly specialised advice in all IP-related<br />
areas (patent, trademark, copyright and unfair competition).<br />
GFR is representing numerous prestigious top range clients among others from the fashion, textile and<br />
leather sectors, as well as a leading manufacturer of toner cartridges. Other clients own well-known brands<br />
in the mobile phones sector, in the spirits industry, as well as manufacturers of cigarette lighters. Barbara<br />
Kuchar oversees the product piracy activities of GFR.<br />
Languages Spoken<br />
German English French<br />
Italian Portuguese Spanish<br />
40
COUNTERFORCE<br />
BRAZIL<br />
Name of Firm DANNEMANN SIEMSEN ADVOGADOS<br />
Address Rua Marques de Olinda<br />
70 / parte<br />
2225 1-040<br />
Rio de Janerio RJ<br />
BRAZIL<br />
Telephone +55 21 2237 8700<br />
Fax +55 21 2553 1812<br />
Email mail@dannemann.com.br<br />
Website www.dannemann.com.br<br />
Contact Partner(s) José Henrique Vasi Werner<br />
Email jhwerner@dannemann.com.br<br />
Background of Firm<br />
Dannemann, Siemsen, Bigler & Ipanema Moreira is a reference which stands for more than a hundred<br />
years of traditional and quality services in the Intellectual Property arena. As a natural consequence of the<br />
increasing demand by clients in view of the success experienced, came into existence Dannemann Siemsen<br />
Advogados.<br />
Dannemann Siemsen Advogados focus on civil and criminal litigation, as well as preventive and contractual<br />
law services, and counts on the expertise and experience of a professional staff, as well as a wealth of<br />
administrative and organisational experience that has contributed to the strong surge in activities, principally<br />
in the areas of anti-counterfeiting and combating piracy and infringement of industrial and intellectual property<br />
rights both in the civil and criminal spheres.<br />
Principal Areas of Work<br />
Industrial Property and Copyright, Anti-counterfeiting and Counter Infringement Programs, Civil and Criminal<br />
Litigation, Contract Laws, Corporate Law, Tax Law, Sanitary Law, Unfair Competition and Competition Law,<br />
Protection of Trade Secrets and Confidential Information, Transfer of Technology and Licensing of Rights,<br />
Franchising and Distribution, Domain Names, Software Protection, Consumer Protection, Environmental Law,<br />
Entertainment and Sports Law, Advertising Law.<br />
Intellectual Property Profile<br />
The firm serves clients in many industries, such as: Pharmaceuticals, Business Services, Chemicals,<br />
Automotive & Transport, Consumer Products Manufacturers, Telecommunications Services, Media &<br />
Entertainment, Food & Beverages, Electronics, Industrial Manufacturing, Health & Care, Bath and Cutlery.<br />
Languages Spoken<br />
Portuguese<br />
English<br />
Spanish<br />
German<br />
French<br />
Italian<br />
41<br />
Continued overleaf/<br />
COUNTERFORCE
Additional Information<br />
COUNTERFORCE<br />
The firm has full conditions to create a specific plan to establish annual and other types of periodical anticounterfeiting<br />
programs in Brazil and Latin America, as well as to coordinate and control anti-counterfeiting<br />
programs in Asia, Africa, India and other countries.<br />
Additionally, the firm has knowledge to handle any type of civil or criminal litigation involving Intellectual<br />
Property and its principal areas of work, also including any criminal action related to businesses crimes,<br />
intellectual property crimes and any kind of general crime generated from the business activity.<br />
42
COUNTERFORCE<br />
BRUNEI<br />
Name of Firm Y C LEE & LEE<br />
Address Suites 507-511, 5th Floor<br />
Kompleks Jalan Sultan<br />
51-55 Jalan Sultan<br />
Bandar Seri Begawan<br />
BS8811<br />
Telephone + 673 2 228725+673 2 221917<br />
Fax + 673 2 240786<br />
Email ycleelaw@brunet.bn<br />
Contact Partner(s) Mr Y C Lee<br />
Background of Firm<br />
Y C LEE & LEE was established in 1992 and is a partnership with 6 practicing lawyers and 12 support staff.<br />
It is particularly active in handling IP infringement cases and works closely with the Commercial Crime Unit<br />
of the Royal Brunei Police Force.<br />
Principal Areas of Work<br />
Banking and finance, civil litigation, commercial/trade/shipping, companies and securities, insolvency,<br />
Intellectual Property and arbitration.<br />
Languages Spoken<br />
English<br />
Malay<br />
Mandarin<br />
43<br />
COUNTERFORCE
COUNTERFORCE<br />
CHINA<br />
Name of Firm CHINA UNITED INTELLECTUAL PROPERTY<br />
PROTECTION CENTRE (CUIPPC)<br />
Address Room 7024<br />
Beijing International Convention Center<br />
No 8 Beichendong Road<br />
Chaoyang District<br />
BEIJING 100101<br />
PR China<br />
Telephone + 86 10 8498 9898<br />
Fax + 86 10 6499 1919<br />
Email cuippc@cuippc.com<br />
Website www.cuippc.com<br />
Offices(s) Beijing Shanghai Guangzhou<br />
Shenyang Hangzhou Wenzhou<br />
Xi’an Chengdu Urumqi<br />
Contact Partner(s) Mr. Li Changxu, Chairman<br />
Mr. Fan Liming, General Manager<br />
Background of Firm<br />
CUIPPC, the first organisation specialising in IP-related investigation and enforcement in Mainland China,<br />
was established in July 1994 in Beijing. It is and has remained the sole member of the ICC-<strong>Counterfeiting</strong><br />
Intelligence Bureau in Mainland China since 1996.<br />
CUIPPC has established three major branch offices in Beijing, Shanghai and Guangzhou, and over 15<br />
working stations in Shenyang, Hangzhou, Wenzhou, Xi’an, Chengdu and Urumqi etc respectively. Altogether,<br />
CUIPPC’s staff encompasses more than 130 investigators and administrators.<br />
As of end of 2007, CUIPPC had successfully resolved a large number of IP infringement cases, in the<br />
process amassing a wealth of experience in conducting raids against counterfeiters. Among these cases,<br />
over 5,000 targeting manufacturers and over 3,800 wholesalers, criminal proceedings have been initiated<br />
in over 400 cases, with over 100 persons becoming subject to criminal charges. The efforts of CUIPPC have<br />
enabled clients to obtain financial compensation from counterfeiters amounting to RMB16,000,000.<br />
Many cases handled by CUIPPC have been designated by high government agencies as being model law<br />
enforcement cases of either national or provincial scope.<br />
CUIPPC has thus by right become one of the most influential IP-related investigation firms in the PRC.<br />
Intellectual Property Profile<br />
CUIPPC grew fast and has become a major privately run IP enforcement force in China. CUIPPC provides<br />
the following services, namely, company search; market research; credit investigation; investigation of<br />
trademark use; investigation of infringement; organising raids against counterfeiters; filing administrative<br />
complaints in cases relating to trademarks, patents, copyrights and computer software infringement and<br />
unfair competition on behalf of clients, IP protection through customs, litigation service, etc., subjects<br />
including auto parts, consumable products like ink cartridges and toners, electric products, home<br />
appliances, garments, beverages, computer parts, software, chemical products, etc.<br />
44
COUNTERFORCE<br />
CUIPPC’s investigators come from all walks of life and from all regions in China. They are familiar with the<br />
local environments, dialects and customs in key areas. Since they are not outsiders, they are thus able to<br />
deal with the parties investigated under the particular localised circumstances obtaining in each case.<br />
CUIPPC’s investigation executives all have extensive backgrounds and work experience in IP investigation<br />
and enforcement, many of them used to be employed by government law enforcement departments and<br />
agencies. This factor positions us to rapidly identify the most appropriate enforcement authorities and<br />
personages to mobilise in view of the unique set of circumstances present in any given case.<br />
Languages Spoken<br />
Chinese<br />
English<br />
Japanese<br />
Korean<br />
45<br />
COUNTERFORCE
COUNTERFORCE<br />
CZECH REPUBLIC<br />
Name of Firm KRIZ & BELINA<br />
Address Dlouhá 13<br />
110 00 Praha 1<br />
Czech Republic<br />
Telephone +420 224 819 336/7<br />
+420 224 819 325 (Reception)<br />
Fax +420 224 8 9 343<br />
Email tomas.dobrichovsky@akkb.cz<br />
miroslav.belina@akkb.cz<br />
recepce@akkb.cz<br />
Website www.akkb.cz<br />
Contact Partner(s) Dr Tomáš Dobrichovský, Ph.D, Attorney at Law<br />
Prof Dr Miroslav Belina, Partner, Attorney at Law<br />
Background of Firm<br />
KRIZ & BELINA is a well-established law firm seated in the centre of Prague. The law firm was founded in<br />
early 1991. The partners of the Kríz & Belina law firm are Professor Jan Kríz and Professor Miroslav Belina.<br />
At present, 33 lawyers work for the office, which also employs about 16 members of administrative staff.<br />
It also regularly collaborates with qualified translators in all major languages. Kríz & Belina also co-operates<br />
closely with auditing companies.<br />
Kríz & Belina offers long-term comprehensive services and also legal services on a case-by-case basis<br />
to support various leading business projects where intensive involvement is required.<br />
Principal Areas of Work<br />
• Copyright law, trademark law, patent law and other intellectual and industrial property rights<br />
• Commercial law: contracts and company law<br />
• Protection of personality, protection of legal entities’ reputations, press law and other branches<br />
of media law<br />
• Protection against unfair competition and the abuse of participation in competition<br />
• Labour law (including collective bargaining), social security law<br />
• Civil law, family law<br />
• Administrative law<br />
• Tax law, finance law (including banking), law on foreign exchange and the application of customs<br />
regulations<br />
• Criminal law<br />
Intellectual Property Profile<br />
Kríz & Belina is one of the leading intellectual property practices in the Czech Republic. It has a large<br />
experience in all areas of intellectual property rights and related fields, such as copyright and related rights,<br />
trademarks, patents, utility models, industrial designs, unfair competition, trade secret, domain names,<br />
pharmaceuticals, transfer of technology, etc. In addition to contractual law and the preparation of expert<br />
opinions, the law office’s basic field of operation is of course its litigation agenda and representation in<br />
the courts and other institutions in civil, criminal and administrative proceedings. The law office also has<br />
considerable experience settling cases out of court.<br />
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COUNTERFORCE<br />
The department specialising in intellectual property rights includes more than 8 lawyers. One of the partners,<br />
Professor Jan Kríz, is the Director of the Institute of Copyright, Industrial Property Rights and Competition<br />
Law at the Faculty of Law of Charles University in Prague and currently is a member of the Consultative<br />
Advisory Body of Lawyers convoked by the President of the Republic. Many of our lawyers regularly publish<br />
papers in Czech and foreign law journals and in other periodicals and some of them are also engaged in<br />
tutorial activities, mainly at universities. In addition, they are called upon to prepare expert opinions and<br />
reports in a variety of legal disciplines by virtue of their academic positions, including the participation in the<br />
legislative process concerning intellectual property rights. The firm also regularly and closely collaborates<br />
with patent attorneys and technical experts.<br />
Kríz & Belina has provided and provides legal assistance in the field of intellectual property law to a large<br />
number of Czech and international companies, eg renowned publishing houses and internet portals, music<br />
publishing houses, film and television companies, software and other IT firms, engineering companies and<br />
pharmaceutical companies. Some noted authors and performing artists are also among its clients.<br />
The law office is in constant active contact with public subjects and specialised institutions, which include<br />
organisations that concentrate on the protection of intellectual property rights, such as The Office of Industrial<br />
Property, the Czech Police, the Czech Commercial Inspection, the Advertising Council, the Council for Radio<br />
and Television Broadcasting and collecting societies.<br />
Languages Spoken<br />
English<br />
German<br />
Russian<br />
French<br />
47<br />
COUNTERFORCE
COUNTERFORCE<br />
DENMARK<br />
Name of Firm PLESNER<br />
Address Amerika Plads 37<br />
2100 København 0<br />
Telephone + 45 33 12 11 33<br />
Fax + 45 33 12 00 14<br />
Email pup@plesner.com<br />
Website www.plesner.com<br />
Contact Partner(s) Karen Dyekjaer, kdh@plesner.com<br />
Peter-Ulrik Plesner, pup@plesner.com<br />
Per Hakon Schmidt, phs@plesner.com<br />
Sture Rygaard, sry@plesner.com<br />
Background of Firm<br />
PLESNER was established in 1918 and consists of 135 lawyers, including 39 partners<br />
Principal Areas of Work<br />
As one of the largest law offices in Denmark, PLESNER has expertise in all areas of Commercial Law.<br />
PLESNER Intellectual Property Department consists of 5 partners and 14 associates involved in all<br />
aspects of intellectual property rights, including IT law.<br />
Intellectual Property Profile<br />
PLESNER have assisted clients in a number of cases and litigation concerning Patents, Design,<br />
Trademarks, Unfair Marketing, <strong>Counterfeiting</strong>, Piracy etc. The firm has extensive experience in Licensing<br />
Agreements, Company Acquisitions, Protection of Industrial Property Rights, Computer Law, Information<br />
Technology, Internet, Media and Telecommunications. We file CTM applications in the EU Trademark Office<br />
in Alicante and handle all necessary searches in relation hereto.<br />
The IP Partners are engaged in national and international IP organisations. Peter-Ulrik Plesner is president<br />
of the Danish AIPPI and chairman of the Danish Association for the Protection of Intellectual Property.<br />
Per Hakon Schmidt is chairman of the Danish Anti-<strong>Counterfeiting</strong> Association and secretary to the Danish<br />
Association for Computers and Law and co-editor of NIR (Nordic Intellectual Property Law Review).<br />
Languages Spoken<br />
English<br />
German<br />
French<br />
Scandinavian Languages<br />
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COUNTERFORCE<br />
FINLAND<br />
Name of Firm HH PARTNERS<br />
Address Mannerheimintie 14 A<br />
FIN-00100 Helsinki<br />
Postal Address P.O Box 232 FIN-00101 Helsinki<br />
Telephone + 358 9 177 613<br />
Fax + 358 9 653 873<br />
Email hhpartners@hhpartners.fi<br />
Website www.hhpartners.fi<br />
Contact Partner(s) Mr Esa Korkeamäki<br />
Background of Firm<br />
HH PARTNERS, Attorneys-at-law Ltd provides high-quality legal services for both Finnish and international<br />
clients. With a team of lawyers whose combined expertise covers a broad range of legal areas, we are<br />
dedicated to cost-effectiveness and efficiency in all our services. The firm operates on the principle of<br />
True Partnership. This system contributes to internal cooperation, and provides an environment where<br />
assignments are allocated and performed with the objective of ensuring that the client shall receive<br />
qualified and cost efficient service in the shortest possible time.<br />
Intellectual Property Profile<br />
The Intellectual Property and Marketing Law Practise Group of HH Partners is specialised in legal issues<br />
connected with Copyright, Patents, Trademarks, Designs, Unfair Competition, Consumer Protection,<br />
Franchising, Advertising and Marketing. The group supports other competence groups within the firm<br />
by providing due diligence of Intellectual Property aspects in Mergers and Acquisitions and joint venture<br />
transactions.<br />
Members of the Intellectual Property and Market Law Practise Group have comprehensive expertise in<br />
anti-counterfeiting litigation, including cease and desist measures and search and seizure actions. The<br />
group has well-established contacts with the Police and the Customs Authorities. Manager of the group,<br />
Mr Esa Korkeamäki, is a former chairman of the Finnish Anti-<strong>Counterfeiting</strong> Group. Also non-piracy<br />
infringement litigation, including matters related with grey imports and unfair competition, are regularly<br />
being handled by the firm.<br />
The clients of HH Partners includes a large number of Finnish and international principals operating<br />
in sectors such as banking and financial services, food and pharmaceuticals industries, information<br />
technology, telecommunications, media, publishing and insurance, as well as international trade and<br />
transport.<br />
Languages Spoken<br />
Finnish<br />
Swedish<br />
English<br />
French<br />
German<br />
49<br />
COUNTERFORCE
COUNTERFORCE<br />
GERMANY<br />
Name of Firm BUSSE & PARTNERS<br />
Address Robert-Koch-Str<br />
180538 Munich<br />
Telephone +49 89 82 00 61 10<br />
Fax +49 89 82 06 61 11<br />
Email info@Rae-Busse.de<br />
Website www.RAe-Busse.de<br />
Contact Partner(s) Dr Aliki Busse<br />
Background of Firm<br />
Since its establishment, BUSSE & PARTNERS (three partners), have dealt almost exclusively with the<br />
protection of intellectual property, copyright law and competition law, as well as media and press law.<br />
Busse & Partners is the permanent legal consultancy of the Action Plagiarius e.V.<br />
Principal Areas of Work<br />
• Design Patent Law<br />
• Patent Law/Utility Patent Law<br />
• Trademark Law<br />
• Copyright Law<br />
• Competition Law<br />
• Press Law/Media Law<br />
Intellectual Property Profile<br />
BUSSE & PARTNERS work closely together with patent attorneys who have their residence in the same<br />
office.<br />
Through worldwide cooperation with specialists, government, agencies, associations and organisations<br />
working in the field of industrial property law, Busse & Partners can also ensure efficient and competent<br />
handling of the matters assigned to them in the international sphere.<br />
Languages Spoken<br />
German<br />
English<br />
French<br />
50
COUNTERFORCE<br />
GERMANY<br />
Name of Firm LOVELLS<br />
Address Warburgstr 50<br />
D-20354 Hamburg<br />
Telephone +49 40 419 93 0<br />
Fax +49 40 419 93 200<br />
Email leopold.vongerlach@lovells.com<br />
arved.waltemathe@lovells.com<br />
Website www.lovells.com<br />
Contact Person(s) Dr Leopold von Gerlach<br />
Dr Arved Waltemathe<br />
Background of Firm<br />
LOVELLS traces its history in Germany back to 1887 when the Hamburg office was opened, and in the UK<br />
to 1899, when Lovell White & King was formed. There have been a number of mergers along the way to<br />
establish the firm that Lovells is today: with over three thousand people operating from 26 offices in Europe,<br />
Asia and the United States, Lovells is one of a small number of truly international law firms and one of the<br />
largest business law firms in the world.<br />
Principal Areas of Work<br />
Lovells offers a broad range of legal expertise, including Intellectual Property, Corporate, Banking,<br />
Capital Markets, Real Estate, Construction and Engineering, Competition and Labour Law.<br />
Intellectual Property Profile<br />
Lovells provides an integrated service in all areas of intellectual property law. With more than 120 intellectual<br />
property lawyers across Europe and Asia, Lovells’ Intellectual Property practice is one of the largest in the<br />
world and our IP teams constantly ranked as one of the best. Our network of offices in many jurisdictions<br />
around the world makes Lovells a natural choice to deal with multi-national disputes and global IP protection<br />
strategies, as well as for specialist advice in individual countries.<br />
We provide our clients with the full range of brand protection services covering:<br />
• anti-counterfeiting work, including close cooperation with customs authorities monitoring imports<br />
and exports;<br />
• preventing unlawful grey market imports. We have been at the forefront of fully exploiting the<br />
possibilities available to brand owners under European trademark law to stop imports of branded<br />
goods that were not destined for the European Economic Area;<br />
• trademark litigation on both a national and multinational level;<br />
• advising on protection of brands from misuse through hyperlinking, typo piracy, metatags<br />
and framing.<br />
51<br />
Continued overleaf/<br />
COUNTERFORCE
In addition, further areas we advise on include:<br />
• copyright and entertainment;<br />
• design protection;<br />
• domain name registration and protection;<br />
• information technology;<br />
• intellectual property transactions;<br />
• patents and know-how;<br />
• pharmaceuticals and biotechnology;<br />
• trademark management.<br />
Languages Spoken<br />
COUNTERFORCE<br />
Lovells has offices in 18 countries and can provide advice in all relevant languages, including:<br />
English Spanish French<br />
German Japanese Mandarin<br />
Russian Italian Polish<br />
Hungarian Dutch Croatian<br />
Czech Vietnamese<br />
Additional Information<br />
Lovells has considerable experience in dealing with international counterfeit problems. While frequently the<br />
focus is on imports into Europe, it is also important to keep in mind that a large number of infringing goods<br />
entering into Europe originate from China and other Asian countries. Thus, Lovells offices in Europe work<br />
closely with the Asian Lovells offices that have a proven track record in international intellectual property<br />
protection and enforcement too. For example, in China and Hong Kong alone Lovells has handled over 1,000<br />
enforcement actions for clients.<br />
52
COUNTERFORCE<br />
GREECE<br />
Name of Firm BALLAS, PELECANOS & ASSOCIATES<br />
Address 10 Solonos Street<br />
Kolonaki<br />
Athens 106 73<br />
Telephone + 30 210 362 5943<br />
Fax + 30 210 364 7925<br />
Email central@balpel.gr<br />
Contact Partner(s) George A Ballas, Senior & Managing Partner<br />
Gregory M Pelecanos, Senior Partner<br />
Background of Firm<br />
Formerly named “Simitis Law Offices” the firm was established in 1930 and since then has concentrated its<br />
services in the area of Business Law. The firm has two partners, seventeen associates, two trainee lawyers<br />
and five administrative support assistants.<br />
Principal Areas of Work<br />
BALLAS, PELECANOS & ASSOCIATES specialises in Industrial and Intellectual Property, Greek and EU<br />
competition law, tax law, commercial contract law, IT law, aviation law, litigation (civil and criminal) and<br />
arbitration, employment and general business law.<br />
Intellectual Property Profile<br />
Since the firm was established in 1930, it has developed a strong industrial and intellectual property<br />
practice (including competition law) and has pioneered Greek Legal Practice in IT law. The firm has<br />
been recommended for its experience in litigation and has gained considerable reputation in combating<br />
counterfeits on behalf of clients such as Levi Strauss & Co, Diesel SpA, Philip Morris Products Inc,<br />
Fiat Auto SpA, Toyota, Microsoft Corporation, Nike International Ltd. and others.<br />
BALLAS, PELECANOS & ASSOCIATES experience covers all areas of industrial and intellectual property<br />
and related competition and contract law, including trademark and patent registrations, licensing, advertising<br />
law, franchise law, distribution systems, software development and licensing, etc.<br />
Languages Spoken<br />
Greek French<br />
German English<br />
Italian<br />
53<br />
COUNTERFORCE
COUNTERFORCE<br />
HUNGARY<br />
Name of Firm DANUBIA Patent & Trademark Attorneys<br />
Address H-1051 Budapest<br />
V.Bajcsy-Zsilinszky ut 16<br />
Postal Address H-1368 Budapest<br />
P.O Box 198<br />
Telephone + 36 1 318 1111(266-5760)<br />
Fax + 36 1 338 2304<br />
Email CENTRAL@DANUBIA.HU<br />
Contact Partner(s) Péter Erdély<br />
Background of Firm<br />
DANUBIA was established in 1949 as Patentbureau Danubia and transformed into a partnership in the form<br />
of a professional corporation in 1989 under the name of Danubia Patent and Trademark Attorneys. The firm<br />
has grown to be the largest IP firm in Hungary and probably in the whole of Europe.<br />
The activities can be grouped in three main branches: representing foreign clients in Hungarian<br />
proceedings, foreign clients in foreign countries, mainly in Central and Eastern Europe, and acting for Hungarian<br />
companies to obtain, defend and maintain rights in foreign countries. The firm has a broad IP enforcement<br />
practice in Hungary. The firm has 30 patent attorneys covering all fields of technology, three trademark<br />
lawyers and a total staff of about 130. There is a close co-operation between Danubia and Bogsch &<br />
Partners, a law firm of high reputation. A four person management team, including a managing partner<br />
and three deputies, is elected to run the firm in every third year.<br />
Partners<br />
Dr. Tivadar Palágyi Henriette Kalmár András Weichinger<br />
Róbert Sikos Elemér Szuhai Dr. József Markó<br />
Judit Kerény József Sipos Ágnes Horváth<br />
Judit Komáromi Ernö Nagy Illona Gárdonyi<br />
László Schläfer Kinga Kovács Dr. Ildikó Kiss<br />
András Antalffy-Zsiros Dr. Ágnes Válas Gábor Kovács<br />
Erzsébet Olchváry Annemarie Kis Kovács Elvira Valyon<br />
Miklós Sóvári Éva Baranyi László Vitális<br />
Ferenc Török Dr. Hanna Bogsch Dr Árpád Pethö<br />
Consultants<br />
Tamás Farkas Dr Sándor Vida Anette Topor<br />
Dr Adam Svingor Gábor Harangozò Zsolt Szabò<br />
Boglàrka Kmethy Istvàn Molnar Imre Ravadics<br />
Management Team<br />
Michael Lantos - Managing Partner Péter Erdély<br />
Imre Molnár Dr. Éva Szigeti<br />
Of Counsel<br />
Dr Attila Bogsch<br />
54
COUNTERFORCE<br />
INDIA<br />
Name of Firm ANAND AND ANAND<br />
Address B-41,Nizamuddin East<br />
New Delhi 110 013<br />
Telephone + 91 11 24353148, 24355076, 24358078<br />
Fax + 91 11 24354243, 24353060, 24352090<br />
Email pravin@anandandanand.com<br />
Contact Partner(s) Mr Pravin Anand<br />
55<br />
COUNTERFORCE
COUNTERFORCE<br />
ITALY<br />
Name of Firm STUDIO LEGALE SUTTI<br />
Address Via Montenapoleone 8<br />
20121 Milan<br />
Telephone +39 02 762041<br />
Fax +39 02 76204805<br />
Email maildesk@sutti.com<br />
Website http://www.sutti.com<br />
Contact Partner(s) Dr Simona Cazzaniga<br />
Background of Firm<br />
STUDIO LEGALE SUTTI operates four offices in Milan, where it was originally established in 1952 by Dr<br />
Angelo Sutti, Knight of the Italian Republic, and where Monti & Partners (with which it merged in 1993) had<br />
also been active since 1927. Its headquarters, where more than half of its human resources are still based,<br />
including tax advisers, patent attorneys and EHS specialists, are located in the historical centre of the city,<br />
at via Montenapoleone 8, and coordinate SLS business firm wide, which in the meantime has expanded<br />
to Rome, Genoa, Monza, Sofia, Belgrade, Bucharest and Zagreb.<br />
Studio Legale Sutti these days is a full-service business law firm, and this is especially true in Milan.<br />
The main focus of its practice in Northern Italy is, however, dispute resolution, corporate deals, intellectual<br />
property, employment and international corporate tax planning. The representation offices of London and<br />
Tokyo are also centrally managed from Milan, as are a number of services, such as the firm’s IT systems.<br />
Principal Areas of Work<br />
Studio Legale Sutti is currently organised into four departments: Intellectual Property and Competition Law,<br />
Company-Commercial and Public Law, Employment Law and Related Matters, International Tax Planning.<br />
Specialised inter-disciplinary groups deal with Litigation and Criminal Defence, IT and TLC, Environmental<br />
Law.<br />
Intellectual Property Profile<br />
A number of peculiar features identify Studio Legale Sutti in the Italian market of anti-counterfeiting services.<br />
Firstly, SLS is the Italian full-service business law firm with the largest Intellectual Property and Competition<br />
Department, which is based in the firm’s Head Office at via Montenapoleone in Milan, right in the heart of the<br />
city’s fashion district. Its Head is Dr Simona Cazzaniga (author of, inter alia, a number of articles and essays<br />
on the legal protection of models, industrial designs and architectural works, on seizures by customs officers,<br />
and on misleading “country of origin” indications on products). The same department has obtained from 2000<br />
the prestigious collaboration of Prof. Gustavo Ghidini, one of the best-known Italian scholars in the area of<br />
unfair competition and lavish limitation.<br />
Secondly, it is the only Italian law firm having implemented in-house patent and trademark agency services<br />
and recruited to this effect MBAs and engineers admitted as patent attorneys or patent and trademark agents.<br />
The same services are active in the frame of the firm’s Intellectual Property and Competition Department and<br />
are led by Roberto Dini, Ph.D., especially known for worldwide IP enforcement campaigns in the areas of<br />
high-tech and consumer electronics (with a distinct responsibility of Licio Zambon, Ph.D., for biochemical<br />
and pharmaceutical products, and of Masako Nishina, MBA, for brand name and luxury products).<br />
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COUNTERFORCE<br />
Thirdly, according to Legalease’s “Legal 500 in Europe”, SLS “is the only major Italian firm to operate a high<br />
profile white collar crime operation.” This operation actually concentrates on IP prosecution and anti-counterfeiting.<br />
While in Italy the victims of counterfeiting cannot literally prosecute the perpetrators but only press<br />
charges against the same and file complaint with public prosecutors, they are allowed to be represented by<br />
counsel, as well as ask for urgent measures and for damages, in the connected criminal proceedings, so that<br />
recourse to criminal justice is often (along with custom seizures) the most effective and expeditious way to<br />
deal with petty or racket counterfeiting of products and trademarks. Cesare Bulgheroni, the partner in charge<br />
of SLS’s criminal law work, is himself known for high profile counterfeiting, patent fraud and passing-off<br />
cases. It will, therefore, be no surprise that Studio Legale Sutti has become the Italian member of<br />
Counterforce and is in the forefront of anti-counterfeiting in Italy. Thus, for instance, on 18 April 2000 Stefano<br />
Sutti, in his position as SLS’s Managing Partner, was interviewed on air by Daniela Cuzzolin of TG3, one of<br />
RTAI TV news broadcast services, on Counterforce’s position with respect to a recent decision of the Italian<br />
Supreme Court on low-quality counterfeiting. Besides her everyday involvement in advising and civil litigation<br />
in this area, Simona Cazzaniga herself has recently participated in continuing education seminars aimed at<br />
raising awareness of IP crimes among Milanese public prosecutors. Other SLS members are often lecturing<br />
at public conferences and congresses on Italian legislation on the protection trademarks, copyright, domain<br />
names, models and designs, as well as on passing-offs and lavish imitation of products.<br />
Languages Spoken<br />
Italian French English<br />
German Spanish Japanese<br />
Romanian Dutch Flemish<br />
Bulgarian Serbian-Croatian Russian<br />
57<br />
COUNTERFORCE
COUNTERFORCE<br />
JORDAN<br />
Name of Firm ABU GHAZALEH LEGAL<br />
Address TAGO Campus, Queen Noor St.<br />
Shmeisani P.O. Box: 921100<br />
Amman 11192, Jordan<br />
Telephone +962 6 5100900<br />
+962 6 5698282<br />
Fax +962 6 5100902<br />
Email anti.counterfeiting@tagi.com<br />
Website www.tag-legal.com www.tagorg.com<br />
Contact Partner(s) Mr. Samer Pharaon, Executive Director.<br />
spharaon@tag-legal.com<br />
Ms. Lubna Al Zoubi, Jordan Office Manager<br />
lzoubi@tag-legal.com<br />
Ms. Rula Deeb, IP Enforcement Department<br />
Manager: Rdeeb@tag-legal.com<br />
Background of Firm<br />
Abu-Ghazaleh Legal (ABLE) is a global business law firm with over 400 lawyers and professionals and 52<br />
offices in the Middle East, Europe, North America, South Africa and Asia. It is a member of the TAGorg family<br />
of firms, which is the largest group of professional service providers in the Middle East. Operating in the<br />
region of the world that is experiencing rapid and unprecedented change, ABLE is a firm dedicated to<br />
innovative approaches<br />
Principal Areas of Work<br />
Corporate and Commercial: Abu-Ghazaleh Legal is well rooted in the corporate & Commercial Legal<br />
Practices throughout the world. Our attorneys actively engage in the intricacies of the client’s business<br />
dealings, ranging from simple incorporations to large-scale strategic transactions.<br />
Alternative Dispute Resolution: the ADR practices at Abu-Ghazaleh Legal are designed to provide<br />
consultations on a wide range of organizational and individual matter. One important goal of our ADR<br />
program is to continuously emphasize and promote harmonious relations between businesses. Also,<br />
assisting corporations in managing internal and external conflicts is another goal we aspire to achieve.<br />
Intellectual Property: including Copyright, Patents, Trade Marks, Trade Names, Proprietary Technology<br />
and Trade Secrets, we assist clients in exploiting IPRs through licensing, joint ventures, franchising, and<br />
technology transfer arrangements.<br />
58
Intellectual Property Profile<br />
COUNTERFORCE<br />
The protection and enforcement of Intellectual Property Rights require a comprehensive understanding<br />
of various areas of technology, law, business and international commerce. Our litigation attorneys not only<br />
enforce but also protect our clients’ intellectual property rights and offer legal consultation in jurisdictions<br />
across the World. If faced with potential acquisition, threat of infringement claims or infringement by others,<br />
our firm is the right place to seek for counsel on the validity and the valuation of IP rights.<br />
The attorneys and professionals of Abu-Ghazaleh Legal cooperate with the government enforcement agencies<br />
and private investigators in the Middle East to obtain evidence of infringing uses and then implement<br />
local and international enforcement procedures. These procedures typically include civil and administrative<br />
legal actions.<br />
Languages Spoken<br />
Arabic, English & French<br />
Additional Information<br />
We provide professional training programs to lawyers, businessmen, corporations and government bodies.<br />
We provide extensive resources and programs to help people stay competitive and grow professionally,<br />
intellectually and personally.<br />
59<br />
COUNTERFORCE
COUNTERFORCE<br />
KOREA<br />
Name of Firm KIMS AND LEES<br />
Address 8th Floor Dongduk Building 151-8<br />
Kwanhoon-Dong<br />
Jongro-Gu<br />
Seoul 110-300<br />
Telephone + 82 2 733 9991<br />
Fax + 82 2 733 6351<br />
+ 82 2 733 6352<br />
+82 2 742 5177<br />
Email eybkim@chollian.net<br />
Website www.kimsandlees.com<br />
Contact Partner(s) Mr Yoon Bae Kim, Managing Partner<br />
Ms Sun Ryung Kim, Partner<br />
Background of Firm<br />
KIMS AND LEES has been exclusively engaged in the intellectual property field since its founding in 1973<br />
and has grown to become one of Asia’s leading IP law firms. Based in Seoul, Korea, Kims and Lees is a full<br />
service IP law firm staffed by highly trained and experienced IP professionals, including former members<br />
of the judiciary and the Korean Intellectual Property Office, attorneys and technical experts. We have a staff<br />
of 60 people including 14 professional members consisting of patent attorneys and attorneys at law. We<br />
work with a broad spectrum of domestic and international clients, including owners of well-known brands,<br />
inventors, business start-ups, major conglomerates, academic institutions and government bodies and<br />
offer efficient and effective service in the fields of patents, trademarks, copyright, trade secrets, unfair<br />
competition prevention, licensing and technology transfer in Korea and overseas.<br />
Principal Areas of Work<br />
Patent, Trademark, Domain Name, Dispute Issues, Copyright, Anti-<strong>Counterfeiting</strong>, Trade Secret,<br />
Licensing and Technology Transfer, Litigation and Unfair Competition.<br />
Intellectual Property Profile<br />
• Patent – Chemical/pharmaceutical patents (biochemistry, medicine compositions, chemical materials and<br />
chemical engineering, agricultural chemicals, fibre, textile, food technology, etc). Electric/Electronic patents<br />
(computer related technology and data communication, electric and electronic application, electronic circuit,<br />
sem-conductor and integrated circuit technology). Mechanical patents (apparatus and components for<br />
manufacturing process, apparatus and components for fluid, heat transfer, automobile and transporting<br />
vehicles, nuclear power plants, marine, aeronautical structures and their components). Automatic control<br />
devices for industrial facilities, various devices and apparatus for life and information, copyright and<br />
computer program design.<br />
• Technology transfer, Licensing, unfair competition, trade secrets.<br />
• Trademark matters such as searching, watching, filing and prosecuting applications to registration,<br />
post-registration procedures, counselling on all states of trade Protection, Litigation and Anti-counterfeiting.<br />
60
Partners<br />
Mr Kim, Yoon Bae, Patent Attorney<br />
Mr Lee, Bom Il, Patent Attorney<br />
COUNTERFORCE<br />
Ms Kim, Sun Ryung, Attorney at Law Mr Kang, Chul Joong, Patent Attorney<br />
Mr Chang, Doo Hyun, Patent Attorney Mr Yang, Hyun Ghook, Attorney at Law<br />
Ms Cho, Young Shin, Patent Attorney Ms Park, Ji Young, Patent Attorney<br />
Mr Song, Se Geun, Patent Attorney Mr Oh, Young Su, Patent Attorney<br />
Ms Bahn, Il Hee, Patent Attorney Mr Choi, Duk Bin, Attorney at Law<br />
Ms Ahn, Hye Won, Patent Attorney Ms Min, Ra Hong, Patent Attorney<br />
Anti-<strong>Counterfeiting</strong> Counsels<br />
Yoon Bae Kim<br />
Mr Kim is the managing partner of Kims and Lees. He is an experienced intellectual property attorney,<br />
specializing in trademark prosecution and litigation, trade secret protection, anti-counterfeiting matters,<br />
as well as mechanical patent prosecution. He has written and edited numerous publications, including<br />
“Current Trends in <strong>Counterfeiting</strong> Practices and the Intellectual Property System in Korea” and “Efforts<br />
to Combat <strong>Counterfeiting</strong> Activities and Piracy in APAA Member Countries.” He served as Chairman<br />
of Anti-<strong>Counterfeiting</strong> Committee of APAA (1993, 2003), President of AIPPI-Korea (1990-1996, 2002-),<br />
Vice Chairman of Anti-<strong>Counterfeiting</strong> Council of Republic of Korea (ACCK-KCCCI, 1985-2000), President<br />
of LES-Korea (1996-2002) and Vice President of LES International (2000-2001).<br />
Sun Ryung Kim<br />
Ms Kim is a member of New York Bar experienced in all aspects of Intellectual Property practice, including<br />
trademark prosecution, IP litigation and biotechnology licensing transaction. Before joining Kims and Lee<br />
she worked at a New York law firm and trained in law firms in 15 countries, including France, Germany and<br />
Belgium. She has served as the Secretary of Licensing Executives Society (LES) Korea since 2002 and is<br />
on the board of directors of AIPPI-Korea. She is an author of “A Guide to Trademark Filing and Registration<br />
World Wide.”<br />
Languages Spoken<br />
English<br />
French<br />
Japanese<br />
Korean<br />
61<br />
COUNTERFORCE
COUNTERFORCE<br />
LATVIA<br />
Name of Firm Agency TRIA ROBIT<br />
Address 5 Vilandes Street<br />
LV 1010 Riga<br />
Telephone + 371 7 321 300/7320300<br />
+ 371 7 320 300<br />
Fax + 371 7 325 600<br />
Email info@triarobit.com<br />
Website www.triarobit.com<br />
Contact Partner(s) Vladimir Anohin<br />
Background of Firm<br />
Agency TRIA ROBIT was founded in 1991 and is one of the leading IP firms in the Baltic States and former<br />
USSR. The firm has its head office in Riga, the capital of Latvia, which is one of the three Baltic States and<br />
also has an office in Moscow, Russia. Agency TRIA ROBIT has the largest IP practice in Latvia and the Baltic<br />
States and one of the largest networks of associates in the countries of the former USSR and Central and<br />
Eastern Europe. The expertise of the firm comprises the experience of forty patent and trademark attorneys<br />
and specialists along with other staff that work in the offices of Agency TRIA ROBIT in Riga and Moscow,<br />
as well as the experience of the firm’s associates in other former USSR countries, which in number exceeds<br />
two hundred professionals. The firm also employs other legal professions so that we can provide not only<br />
assistance in prosecuting applications but also the expertise necessary to conduct litigation before the courts<br />
Intellectual Property Profile<br />
Agency TRIA ROBIT offers its clients a full range of services in the field of intellectual property in the Baltic<br />
States, Russia, other ex-USSR states and Central and Eastern European countries.<br />
Active work in these countries allowed the firm to create a carefully selected network of associate patent<br />
attorneys and practitioners, which was tested by a wide range of problems and refined over many years.<br />
Working independently, our offices in these countries enjoy the experience and expertise accumulated<br />
under the service mark TRIA ROBIT®.<br />
Agency TRIA ROBIT provides a full range of intellectual property services in the areas of patents, designs,<br />
trademarks, domain names and related matters. These include filing and prosecuting applications for patents,<br />
designs and trademarks, dealing with oppositions, infringements, revocations and other proceedings relating<br />
to granted IP rights, and searching and watching services.<br />
Agency TRIA ROBIT actively works in the field of intellectual property rights enforcement. During the past<br />
few years, the firm successfully completed a number of assignments fighting counterfeiters in the area.<br />
Agency TRIA ROBIT is internationally recognised, as evidenced by the top positions achieved by the<br />
company in the Baltic States and Russia in the rankings in the surveys published by Euromoney’s Managing<br />
Intellectual Property magazine.<br />
Languages Spoken<br />
English French German<br />
Russian Latvian Lithuanian Japanese<br />
62
COUNTERFORCE<br />
LEBANON<br />
Name of Firm RAPHAËL & ASSOCIÉS<br />
Address Almabani-Murr Tower,<br />
Dbaye<br />
P O Box 70-868, Antélias<br />
Beirut<br />
Telephone + 9614 405401/+ 9614 406477/8<br />
Fax + 9614 403735<br />
Email rzara@rzara.com<br />
Contact Partner(s) Moussa Raphaël<br />
Background of Firm<br />
The law firm of RAPHAËL & ASSOCIÉS, formerly known as Raphaël, Ziadé, Abirached, Rifaat et Associés,<br />
was established in its current form in 1992 as the result of the gradual integration of three distinct law firms.<br />
At present, the firm is composed of seven senior partners and 17 associates from a variety of academic and<br />
professional backgrounds.<br />
The firm is affiliated with Ernst & Young’s legal branch, EY Law, and has cooperation agreements with law<br />
firms in other Arab countries.<br />
RAPHAËL & ASSOCIÉS provides comprehensive legal services and support to clients doing business in<br />
Lebanon and the Arab world. The firm has a strong commitment to bringing quality services in the most<br />
efficient manner.<br />
Principal Areas of Work<br />
Banking and Finance, Corporate, Commercial and Contract, Intellectual Property, International<br />
Transactions, Litigation and Arbitration.<br />
Intellectual Property Profile<br />
The firm handles a variety of intellectual property issues, most notably in the electronics and computer/<br />
technology fields.<br />
Languages Spoken<br />
Arabic<br />
English<br />
French<br />
Italian<br />
Portuguese<br />
Greek<br />
Spanish<br />
63<br />
COUNTERFORCE
COUNTERFORCE<br />
LIECHTENSTEIN<br />
Name of Firm WANGER ADVOKATURBÜRO<br />
Address Aeulestrasse 45<br />
FL-9490 Vaduz<br />
Telephone + 423 237 5252<br />
Fax + 423 237 5253<br />
Email wanger@wanger.net<br />
Website www.wanger.net<br />
Offices(s) Rond Point Schuhman 9, bte 4<br />
B-1050 Brussels<br />
BELGIUM<br />
Tel + 32 2 541 03 36<br />
Fax + 32 2 538 49 80<br />
Contact Partner(s) lic. iur. Markus Wille<br />
Dr Markus Wanger<br />
Principal Areas of Work<br />
WANGER ADVOKATURBÜRO have a general practice, including arbitration and mediation, administration,<br />
banking, securities and finance, bankruptcy and insolvency, Central and Eastern European projects,<br />
commercial litigation, company and commercial work (including off-shore), contracts, corporate finance<br />
and tax, EU law, financial services, franchising inheritance, international law, insurance and reinsurance,<br />
investment, information technology, INTELLECTUAL PROPERTY, joint ventures, litigation, media and<br />
entertainment, mergers, acquisitions and disposals, private client, property and construction,<br />
telecommunication, trademark and copy-right, products liability, real estate, taxation and unfair competition.<br />
Intellectual Property Profile<br />
Senior Partner Dr Markus H Wanger, Lawyer, FCIArb<br />
Managing Partner lic. iur. Markus Wille<br />
Lawyers Dr Johannes Grabher<br />
Associates lic. iur. Philipp Schnyder<br />
Languages Spoken<br />
German<br />
English<br />
French<br />
64
COUNTERFORCE<br />
LITHUANIA<br />
Name of Firm METIDA LAW FIRM OF REDA ZABOLIENE<br />
Address Gedimino 45-6<br />
01109 Vilnius<br />
Telephone + 370 5 24 90 830<br />
+ 370 5 24 90 831<br />
Fax + 370 5 24 90 833<br />
Email patent@metida.lt<br />
Website www.metida.lt<br />
Contact Partner(s) Mrs Reda Zaboliene<br />
Principal Areas of Work<br />
All aspects of Intellectual Property matters.<br />
Intellectual Property Profile<br />
Preparation of documents for the registration of company names, trademarks, domain names, industrial<br />
design and inventions. The execution of the registration process in Lithuania as well as in other Baltic States<br />
and CIS.<br />
Research of trademarks, industrial designs and inventions in Lithuania as well as in other Baltic States<br />
and CIS.<br />
Litigation in all IP matters.<br />
Preparation of licence agreements, copyright agreements and technology transfer documents.<br />
Legal consultations on Intellectual Property issues.<br />
Languages Spoken<br />
English<br />
German<br />
Russian<br />
Lithuanian<br />
65<br />
COUNTERFORCE
COUNTERFORCE<br />
MALAYSIA<br />
Name of Firm TAY & PARTNERS<br />
Address 6 th Floor, Plaza See Hoy Chan<br />
Jalan Raja Chulan<br />
50200 Kuala Lumpur<br />
Telephone +603 2050 1888<br />
Fax +603 2072 6354<br />
Email mail@taypartners.com.my<br />
Website http:www.taypartners.com.my<br />
Contact Partner(s) Ms Linda Wang<br />
linda.wang@taypartners.com.my<br />
Ms Su Siew Ling<br />
siewling.su@taypartners.com.my<br />
Background of Firm<br />
TAY & PARTNERS is a Malaysian law firm established in 1989 with offices in Kuala Lumpur, Johor Bahru<br />
and Singapore. It is a full service commercial law firm, advising a varied portfolio of clients across a broad<br />
spectrum of industry sectors, which include Malaysian companies, multinationals, institutional private equity<br />
investors and venture capital funds, financial institutions and banks, governmental organisations and statutory<br />
bodies.<br />
Our offices in Malaysia and Singapore have a total of 20 partners and we are about 160 members strong.<br />
With offices located strategically in Kuala Lumpur, Johor Bahru and Singapore, we are well positioned to<br />
offer seamless high level services and on the ground resources to meet the Malaysia-Singapore cross border<br />
needs of our clients.<br />
With our combined resources, knowledge and experience, we are well positioned to bring greater benefits<br />
to the partnership with our clients, and achieve our vision of becoming the law firm of choice in the region.<br />
Principal Areas of Work<br />
Our practice is based on 4 core areas:<br />
INTELLECTUAL PROPERTY, TECHNOLOGY & TELECOMMUNICATION<br />
Including Copyright, Patents, Trade Marks and Industrial Designs, Anti-counterfeiting and enforcement<br />
of intellectual property rights (IPR); Confidential Information, Trade Secret and know-how Protection, IPR<br />
disputes and litigation; Actions for Infringement; Passing-off and unfair competition; Trade libel and slander;<br />
Enter-tainment law.<br />
Regulatory compliance in the telecommunication industry in Malaysia; Multimedia law; Legal advice and<br />
support for tech companies; EDI contracts.<br />
CORPORATE & COMMERCIAL<br />
Including Mergers and acquisitions; Capital and debt markets; IPO; Venture capital; Securities Transactions;<br />
Joint ventures; Project financing; Regulatory compliance for investments in Malaysia and Singapore.<br />
66
DISPUTE RESOLUTION<br />
COUNTERFORCE<br />
Including Contractual and commercial claims; Insurance disputes, Joint venture disputes; Restitution claims;<br />
Tortious claims; Negligence; Corporate and shareholders’ disputes; Schemes of arrangements; Building<br />
contracts; Projects and infrastructure; Construction and building disputes; Banking and finance litigation;<br />
Trust litigation; Arbitration and mediation; Employment law and industrial relations; Employment contracts,<br />
immigration, visa and work permits.<br />
REAL PROPERTY & CONVEYANCING<br />
Acquisition and disposal of commercial and industrial properties; Project development; Property finance;<br />
Leasing and tenancy; Management agreements in the hospitality industry.<br />
Intellectual Property Profile<br />
Tay & Partners, together with our Singapore office, ATMD (Alban Tay Mahtanai & De Silva) are ranked as<br />
one of the top three firms in Malaysia and Singapore for our IP practice in the World IP Survey conducted<br />
by the Managing Intellectual Property. We are also amongst the top 4 firms for patent and trade mark work<br />
in Malaysia and Singapore.<br />
Languages Spoken<br />
English, Malay and Chinese (including various Chinese dialects).<br />
Additional Information<br />
Linda Wang, who heads our IP & Technology practice group, has been identified by the 2005 Leading<br />
Lawyers Survey as one of Asia’s leading business lawyers, in recognition of her work in Intellectual Property.<br />
She is also listed by the International Who’s Who of Trademark Lawyers for her work in IP.<br />
67<br />
COUNTERFORCE
COUNTERFORCE<br />
MOROCCO<br />
Name of Firm OFFICE OF M MEHDI SALMOUNI-ZERHOUNI<br />
Address Forum International Building<br />
62 Boulevard d’Anfa<br />
20000 Casablanca<br />
Telephone +212 22 26 26 27<br />
+212 22 24 24 48<br />
Fax +212 22 26 10 17<br />
Email salmouni@salmouni.com<br />
Contact Partner(s) M Mehdi Salmouni-Zerhouni<br />
Background of Firm<br />
The Office was established in Morocco in 1986 and founded by Mr M Mehdi Salmouni-Zerhouni who studied<br />
in France at the Law University of Strasbourg and obtained a post-graduate diploma (D.E.S.S.) of CEIPI<br />
(Centre d’Etudes Internationales de Propriété Industrielle). Mr Salmouni-Zerhouni was appointed Judicial<br />
Expert in industrial property before Moroccan Courts. The Office also has external partners.<br />
Principal Areas of Work<br />
The Office specialises in intellectual property:<br />
• Filing and registration of patents, trademarks, industrial designs and models in Morocco, Algeria,<br />
Tunisia and in African countries (OAPI); licensing, technology transfer;<br />
• Actions before Moroccan courts in matters of infringement, unfair competition, litigation relating to<br />
industrial and intellectual property rights<br />
Intellectual Property Profile<br />
Since the Office was established in 1986, it has developed an expertise in industrial property matters.<br />
It acts on behalf of multinational companies.<br />
Additional Information<br />
M Mehdi Salmouni-Zerhouni is Founder Chairman of IMAREF (Institut Marocain des Réseaux de Franchise<br />
et de Partenariat).<br />
Member of FICPI (Fédération Internationale des Conseils en Propriété Industrielle) and of INTA (International<br />
Trademark Association).<br />
Languages Spoken<br />
French<br />
Arabic<br />
English<br />
68
COUNTERFORCE<br />
THE NETHERLANDS<br />
Name of Firm VAN DOORNE N.V.<br />
Address Jachthavenweg 121<br />
1081 KM Amsterdam<br />
P O Box 75265<br />
1070 AG Amsterdam<br />
Telephone +31 20 6789 229<br />
Fax +31 20 6789 589<br />
Email leeuwen@van-doorne.com<br />
Website www.van-doorne.com<br />
Contact Partner Remco M R van Leeuwen<br />
Background of Firm<br />
VAN DOORNE, founded in 1930, is an independent Dutch firm of lawyers, tax specialists and civil law<br />
notaries, serving the higher end of the market. Van Doorne specializes in commercial law and works for<br />
large and medium-sized companies based in the Netherlands and elsewhere, non profit organizations,<br />
public bodies and non-Dutch law firms. Van Doorne has offices in Amsterdam, London, Curaçao and Aruba<br />
and focuses on a wide range of practice areas. The total workforce is around 275. Van Doorne’s hallmarks<br />
include: top quality service, flexibility, direct partner involvement and business vision at competitive rates.<br />
VAN DOORNE’s Intellectual Property and Information Technology department, represents a wide variety<br />
of multinational clients on legal issues involved in the development, protection and commercialisation of<br />
intellectual property rights, including information technology, media and entertainment. Its lawyers have<br />
expertise in copyrights, trademarks, patents, designs, software and database protection, E-commerce, IT<br />
contracts, privacy, trade secrets and unfair competition, as well as all forms of development, licensing and<br />
other commercialisation of such rights. In addition, the group has expertise in media-related matters, such<br />
as advertising, libel, merchandising, and entertainment law. The firm has an extensive practice in anticounterfeiting<br />
litigation, including cease and desist measures and search and seizure actions, and has<br />
regular contact with customs authorities at the key entry ports of Schiphol Airport and Rotterdam harbour.<br />
The firm also represents clients in non-piracy infringement counselling and litigation; due diligence of<br />
intellectual property aspects of M & A and joint venture transactions.<br />
VAN DOORNE’s intellectual property department has developed specialised inter-disciplinary task forces<br />
in the areas of computer law, media/entertainment law, E-commerce and privacy in order to efficiently and<br />
effectively address the needs of its various clients.<br />
69<br />
COUNTERFORCE
COUNTERFORCE<br />
NIGERIA<br />
Name of Firm ÆLEX<br />
Address 7 th Floor, Marble House<br />
1 Kingsway Road<br />
P O Box 52901<br />
Ikoyi, Lagos<br />
Telephone +234 1 4617321; 4617322; 4617323<br />
Fax +234 1 2692072; 4617092<br />
Email lagos@aelex.com<br />
Website www.aelex.com<br />
Offices Port Harcourt<br />
Tel +234 84 574628; 574636<br />
Fax +234 84 574628<br />
Email portharcourt@aelex.com<br />
Accra, GHANA<br />
Tel +233 21 783616; 783617; 783618<br />
Fax +233 21 770493<br />
Email accra@aelex.com<br />
Contact Partner(s) L Fubara Anga<br />
Theophilus I Emuwa<br />
Background of Firm<br />
ÆLEX is a full service commercial and litigation law firm established on 1 July 2004. It is one of the largest<br />
most diversified law practices in West Africa.<br />
Lawyers in the firm are admitted to practice in multiple jurisdictions including Nigeria, Ghana, England and<br />
Wales. In addition to qualifying in law, some lawyers in the firm have qualifications in disciplines such as<br />
political science, economics and engineering.<br />
Our lawyers have developed a wide range of specialist skills and have expertise and experience in the legal,<br />
regulatory and policy areas of the industries we serve; therefore, we are in a position to respond effectively<br />
to our clients’ needs.<br />
The firm is the Reviser of the Nigeria Law Digest published by Martindale-Hubbell in its International Law<br />
Directory.<br />
ÆLEX is licensed by the Securities and Exchange Commission to provide advisory services in relation<br />
to securities.<br />
The firm is a member of The World Services Group (www.worldservicesgroup.com); an international<br />
grouping of some of the largest service providers in the world and Meritas (www.meritas.com); an affiliation<br />
of independent business and litigation law firms with over 200 members in more than 70 countries.<br />
70
Principal Areas of Work<br />
COUNTERFORCE<br />
Admiralty and Maritime; Arbitration and Litigation; Aviation; Banking and Finance; Business Fraud, Corporate<br />
and Commercial, Infrastructure, Environmental, Foreign Investment, Insurance, Intellectual Property, Labour<br />
and Employment, Mining, Energy, Oil and Gas, Taxation, Technology, Telecommunications.<br />
Intellectual Property Profile<br />
ÆLEX handles matters (both of a contentious and non-contentious nature) relating to trademarks, patents,<br />
copyright, franchising, licensing, distributorship agreements and technology transfer. The firm files trademark,<br />
patent and design applications in Nigeria and in Ghana directly and in OAPI countries through an agent; and<br />
has considerable experience in civil and criminal actions against infringement in these jurisdictions. The firm<br />
is a member of the International Trademark Association (INTA), the Pharmaceutical Trade Marks Group,<br />
the AIPPI Nigeria Chapter and the Intellectual Property Law Association of Nigeria. Members of the firm<br />
contribute to the Ghana section of the International Annual Review of Trademark Jurisprudence (IARTJ)<br />
published by the INTA. Mr Theophilus I Emuwa, who heads the IP Practice Group, is also a qualified<br />
engineer. He is a member of the Nigerian Society of Engineers, the Editorial Board of the Trademark Reporter<br />
and a member of the WIPO Arbitration and Mediation Centre. Mr L Fubara Anga has considerable experience<br />
advising clients on the law and practice relating to business fraud, anti-bribery and corruption laws, intellectual<br />
property fraud and banking and financial crimes in Nigeria. He is a member of the Intellectual Property section<br />
of the American Bar Association and an overseas member of the Institute of Trade Mark Attorneys, London.<br />
Languages Spoken<br />
English<br />
French<br />
Yoruba<br />
Ibo<br />
Ijaw<br />
71<br />
COUNTERFORCE
COUNTERFORCE<br />
NORWAY<br />
Name of Firm ADVOKATFIRMAET HAAVIND VISLIE AS<br />
Address Bygdoy Allé 2<br />
P O Box 359 Sentrum<br />
N-0101 Oslo<br />
Telephone + 47 22 43 30 00<br />
Fax + 47 22 43 30 01<br />
Email post@haavind.no, a.sejersted@haavind.no<br />
Website www.haavind.no<br />
Contact Partner(s) Helge Olav Bergan<br />
Anna Marie Sejersted<br />
Background of Firm<br />
As of 1 January 2000 Advokatene Haavind & Haga DA, established in 1893, merged with Advokatfirmaet<br />
Vislie Odegaard & Kolrud ANS, Advokatfirmaet Hauge & Co and Lowzow & Co Advokatfirma DA to establish<br />
the firm ADVOKATFIRMAET HAAVIND VISLIE AS.<br />
ADVOKATFIRMAET HAAVIND VISLIE AS ranks among the largest business and litigation law firms in<br />
Norway. The partners hold positions as board members in important Norwegian industrial and trade<br />
companies, insurance companies, publishing houses, banks, etc. All lawyers in the firm conduct litigation.<br />
The new firm has app. 90 lawyers from the year 2001.<br />
Principal Areas of Work<br />
General Business Law, Contract Law, Company Law, Intellectual Property Law, IT and Telecommunications<br />
Law, Competition Law, including EU/EEA Law, Employment Law, Energy Law, Commercial and International<br />
Law, Mergers and Acquisition, Finance Law, Tax Law, Public Procurement, Construction, Planning and<br />
Concession Law, including Real Estate issues, and Building Law.<br />
Intellectual Property Profile<br />
Partners<br />
Geir Steinberg: Trademarks, design, copyright, patent law, market law<br />
Hakon Bleken: Patent law, litiagion<br />
Helge Olav Bergan: Copyright, entertainment law, media and broadcasting<br />
Frode Saeter: Copyright, specifically relating to IT and Internet, market law<br />
Anne Merete Nicolaysen: Copyright, trademarks, market law<br />
Kjell Torkildsen: Copyright, media and broadcasting, market law<br />
Senior lawyers<br />
Nina Melandso: Trademarks, design, market law, competition law<br />
Anne Marie Sejersted: Copyright, patent law, trademarks, media and market law<br />
Non-equity partner<br />
Harald Bjelke: Copyright, trademarks, media and broadcasting<br />
Languages Spoken<br />
All Scandinavian languages, English, French<br />
72
COUNTERFORCE<br />
POLAND<br />
Name of Firm PATPOL<br />
Postal Address P O Box 168<br />
00-950 Warsaw<br />
Office Address 162 J, Nowoursynowska Str.<br />
02-776 Warsaw<br />
Telephone + 48 22 644 9657<br />
+ 48 22 644 9659<br />
Fax + 48 22 644 9600<br />
+ 48 22 644 4402<br />
Email patpol@patpol.com.pl<br />
Contact Partner(s) Mr Lech Bury<br />
Mrs Agnieszka Skrzypczak<br />
Mrs Janina Kossowska<br />
Background of Firm<br />
PATENT ATTORNEYS COMPANY PATPOL was established in 1966. Today PATPOL is one of the largest<br />
private patent attorneys office in Poland specialising in all aspects of industrial property protection. The firm<br />
at present consists of 98 dedicated employees, including 30 patent attorneys with the highest qualifications<br />
and professional experience.<br />
Principal Areas of Work<br />
All aspects of industrial property protection, particularly in obtaining and maintaining protection rights for<br />
inventions, utility models, designs, trademarks, geographical indications, domain names, topographics of<br />
integrated circuits, new plant varieties as well as all the issues pertaining to intellectual property protection,<br />
seizure of goods at the border, infringement of exclusive rights and unfair competition.<br />
Intellectual Property Profile<br />
The Patent Attorneys number 30, file applications with the Polish Patent Office for all types of items falling<br />
within the scope of intellectual property rights in all fields of techniques.<br />
Regarding combating piracy and unfair competition, we cooperate with selected investigation agencies<br />
and lawyers offices.<br />
Languages Spoken<br />
English<br />
German<br />
French<br />
Italian<br />
Polish<br />
Spanish<br />
73<br />
COUNTERFORCE
COUNTERFORCE<br />
PORTUGAL<br />
Name of Firm ABREU, CARDIGOS & ASSOCIADOS<br />
Address Av das Forcas Armadas 125-12<br />
1600-079 Lisbon<br />
Telephone + 351 21 723 1800<br />
Fax + 351 21 723 1899<br />
Email general@abreucardigos.com<br />
Contact Partner(s) César Bessa Monteiro<br />
Background of Firm<br />
Banking law - Capital markets, Competition law, Corporate law, Distributorship, Agency and Franchise law.<br />
Mergers and acquisitions. Foreign investment. Industrial relations and labour, Insurance law. Property<br />
and real estate law. Social security, General legal practice, international contracts, Litigation, Taxation,<br />
Telecommunications.<br />
Intellectual Property Profile<br />
Copyright law, Industrial models and designs, License negotiation, Franchising, <strong>Counterfeiting</strong>, Trademark<br />
litigation, Trademark prosecution, Transfer of technology, General intellectual property and IT practice.<br />
Partners<br />
César Bessa Monteiro<br />
Pedro Cardigos dos Reis<br />
Miguel Teixeira de Abreu<br />
Miguel Castro Pereira<br />
Carmo Sousa Machado<br />
74
COUNTERFORCE<br />
QATAR<br />
Name of Firm AL KAABI LAW FIRM<br />
Address Al Jazeera Building “C” Ring Road, 1st Floor<br />
P O Box 16729<br />
Doha-Qatar<br />
Telephone + 974 443 7111/443 7222<br />
Fax + 974 443 6777<br />
Email nsk@qatar.net.qa<br />
Website www.alkaabilawfirm.com<br />
Contact Partner(s) Nasser Bin Saad Al-Kaabi<br />
Safwan Moubaydeen<br />
Background of Firm<br />
AL KAABI LAW FIRM was established in 1988 in Qatar by Nasser Al Kaabi, a Qatari national. It is one of the<br />
largest and leading practices in Qatar, advising individuals, partnerships and companies. The practice has<br />
a diverse client base representing the interests of clients in the Gulf States, Europe, Asia and the Far East.<br />
AL KAABI LAW FIRM employs thirteen lawyers and trainees, together with support staff of ten members.<br />
The practice is equipped with the latest technology enabling it to provide the flexibility and back-up of<br />
a large law office. In 2000 the practice moved to larger premises in Doha to acommodate both the Litigation<br />
Department and the Consultation Department<br />
Principal Areas of Work<br />
Commercial and criminal litigation; company and commercial law; corporate finance; foreign investment;<br />
intellectual property; arbitration; banking; documentation of contracts; insurance.<br />
Intellectual Property Profile<br />
In 2000, AL KAABI LAW FIRM established the Doha Centre for Intellectual Property Studies, which is<br />
considered the first private institution in the area. The Doha Centre, together with AL KAABI LAW FIRM,<br />
are engaged in matters of patents and trademarks. A team of three principals are managing this practice.<br />
Languages Spoken<br />
Arabic<br />
English<br />
French<br />
German<br />
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COUNTERFORCE
COUNTERFORCE<br />
ROMANIA<br />
Name of Firm ROMINVENT SA<br />
Address 35 Ermil Pangratti Str<br />
1st Floor, Sector 1<br />
Bucharest 011882<br />
Telephone + 40 21 231 2515<br />
+ 40 21 231 2541<br />
Fax + 40 21 231 2550<br />
+ 40 21 231 2454<br />
Email office@rominvent.ro<br />
Website rominvent@ro<br />
Contact Partner(s) Lucian Enescu<br />
Background of Firm<br />
ROMINVENT SA is the oldest and one of the most prominent firms engaged in the practice of industrial<br />
property in Romania.<br />
The firm was established in 1953 to assist Romanian and foreign clients in industrial property matters.<br />
Principal Areas of Work<br />
The firm practices exclusively in the area of intellectual property.<br />
Intellectual Property Profile<br />
The firm has a total staff of 45 of which over 20 are attorneys and agents and has the capacity to handle all<br />
industrial property services and serve its clients with technical and legal requirements. All essential work is<br />
entirely handled in-house. ROMINVENT SA also cooperates with an efficient and flexible network of high<br />
level, specialised external co-workers: translators, investigators, experts in different fields, as well as<br />
litigators.<br />
ROMINVENT offers a full range of services relating to the prosecution and protection of industrial property<br />
rights in Romania and abroad concerning: patents, trademarks, industrial design, domain names, integrated<br />
circuits topographies, searches, unfair competition, infringements, anti-counterfeiting, litigation.<br />
ROMINVENT is a member of such international associations as INTA; AIPPI; ACG; LES, EPI.<br />
Languages Spoken<br />
English<br />
French<br />
German<br />
Spanish<br />
Italian<br />
76
COUNTERFORCE<br />
SAUDI ARABIA<br />
Name of Firm THE LAW FIRM OF MAJED M GAROUB<br />
Address Harasani Building, 2nd Floor<br />
10, Osaman Bin Affan Street<br />
P O Box 18623<br />
Jeddah 21425<br />
Telephone + 966 2 651 8222<br />
+ 966 2 651 8555<br />
Fax + 966 2 651 8333<br />
Email majed@lawgaroub.com<br />
Website www.lawgaroub.com<br />
Contact Partner Majed M Garoub<br />
Background of Firm<br />
THE LAW FIRM OF MAJED M GAROUB was established in 1995 with offices in Jeddah and Riyadh,<br />
with 10 educated lawyers of different schools of law.<br />
Principal Areas of Work<br />
The firm specialises in Commercial Law, Company Law, Intellectual Property, and Protection of Trademarks,<br />
Litigation, Corporate Law, Finance, Alternative Dispute Resolution, Joint Venture and WTO issues.<br />
Intellectual Property Profile<br />
THE LAW FIRM OF MAJED M GAROUB is the biggest law firm in Saudi Arabia, specialising in tracing and<br />
bringing to law those who deal in counterfeit products. It has undertaken several such protection programmes<br />
for major multi-national companies in Europe, North America, Japan and Asia in various brands, such as<br />
spare parts, watches, cosmetics, perfumes, clothes and electronic devices. The firm also provided legal<br />
opinions in this field to many other companies in Saudi Arabia.<br />
There are four senior lawyers handling matters related to the protection of trade-marks and products – Majed<br />
Garoub, Adel Khider, Wael Al Saledi and Adnan Yasin.<br />
Languages Spoken<br />
Arabic<br />
English<br />
French<br />
77<br />
COUNTERFORCE
COUNTERFORCE<br />
SEYCHELLES<br />
Name of Firm LAFAFSI LTD<br />
Address 2nd FL, Allied House,<br />
Francis Rachel St.,<br />
VICTORIA,<br />
MAHE,<br />
SEYCHELLES<br />
Postal Address P O Box 1296,<br />
Victoria,<br />
Mahe,<br />
SEYCHELLES<br />
Telephone +248 513169<br />
Fax USA +1 917 591 6754<br />
Email info@lafafsi.com<br />
Website www.lafafsi.com<br />
Offices Johannesburg, South Africa<br />
Tel +27 11 258 8735<br />
Fax +1 917 591 6754<br />
Limassol, Cyprus<br />
Tel +357 25 503201<br />
Fax +1 917 591 6754<br />
Contact Partner(s) Sajjad Ayub<br />
Background of Firm<br />
LAFAFSI LIMITED provides the platform to IP owners to prosecute, maintain, and enforce their IP rights in<br />
an efficient and cost effective way by putting forth innovative solutions. We offer Intellectual Property Services<br />
and act as Patent & Trademark Agents globally with a special emphasis in African, Middle Eastern and<br />
Mediterranean countries.<br />
Having regional offices in Seychelles, South Africa and Cyprus, we bridge the gap in Africa, Middle East,<br />
and the Mediterranean to provide our clients with a seamless integrated network in managing their IP rights.<br />
We have adopted “paperless” office technology and communicate electronically and manage IP rights online.<br />
Our clients are also able to access their IP rights via a secure website anytime they wish.<br />
Our firm is a member of various IP organizations such as INTA, MARQUES, IPO, ICC CIB.<br />
Principal Areas of Work<br />
• Trademarks<br />
• Patents<br />
• Designs<br />
• Copyright<br />
• Domains<br />
78
Intellectual Property Profile<br />
COUNTERFORCE<br />
Lafafsi has the capacity to provide a whole range of IP services – Search, Register, Watch, Investigation,<br />
Advice, Maintenance of IP Rights, renewals, change of name/address, amendment to particulars, license,<br />
pledge and assignment. Enforcement – oppositions/rectifications, seizures, etc.<br />
Your benefits in working with us:<br />
24/7 Access - You can access your IP rights anytime via the Internet.<br />
Competitive Fee - Our fee schedule is prepared with your budget in mind. We research the market in order to<br />
remain competitive without compromising quality.<br />
One Point of Contact - By working with us, you can manage your IP rights in all countries we work in. This, in<br />
turn, saves a lot of your resources!<br />
Our client is an Individual - We regard you, our client, as a person. Our solutions and services are customized<br />
depending on your needs, requirements, and parameters.<br />
Your IP team - The people working for our IP firm include Attorneys, Trademark Agents, Patent Attorneys and<br />
Agents, Engineers, Scientists, Paralegals, Assistants, Accountants, and IT experts. We continually improve on<br />
our approach to client’s matters and bring them to finalization to client’s satisfaction.<br />
Our values:<br />
· Dedication<br />
· Loyalty<br />
· Teamwork<br />
· Responsibility<br />
79<br />
COUNTERFORCE
COUNTERFORCE<br />
SPAIN<br />
Name of Firm ELZABURU<br />
Address C/Miguel Angel 21<br />
28010 Madrid<br />
Telephone +34 917 009 400<br />
Fax +34 913 193 810<br />
Email anticounterfeiting@elzaburu.es<br />
Website www.elzaburu.es<br />
Contact Partner(s) Antonio Castán<br />
Ignacio D. Rivera Elzaburu<br />
Luis H De Larramendi<br />
Juan José Caselles<br />
Background of Firm<br />
ELZABURU is a multi-disciplinary Spanish professional firm established in 1865, made up of industrial<br />
property attorneys, lawyers, engineers, chemists and biologists.<br />
The firm includes 41 partners under the general management of Alberto de Elzaburu, who represents the<br />
fourth family generation in the leadership of the firm. The firm’s main office is located in Madrid, with a branch<br />
office in Alicante, to attend to community work in situ.<br />
Principal Areas of Work<br />
Industrial property, intellectual property, licensing, technology transfer, unfair competition and general litigation<br />
relating to industrial and intellectual property rights in the Spanish courts at all levels and in all jurisdictions.<br />
Intellectual Property Profile<br />
In its capacity as a firm of industrial property attorneys, ELZABURU acts directly before the Spanish Patent<br />
and Trademark Office (OEPM) in Madrid; the World Intellectual Property Organisation (WIPO) in Geneva;<br />
The European Patent Office (EPO) in Munich; the Office for Harmonisation in the Internal Market (Trade<br />
Marks and Designs - OHIM) in Alicante; and the Court of First Instance and Court of Justice of the European<br />
Communities in Luxembourg. As a law firm, Elzaburu offers full services, advice in the areas of industrial<br />
property, intellectual property, licensing, technology transfer, unfair competition and general litigation relating<br />
to industrial and intellectual property rights in the Spanish courts at all levels and in all jurisdictions. Altogether,<br />
the firm has a current staffing level of over 230, including qualified administrative and clerical personnel<br />
with substantial experience in the field of industrial property in Spain and abroad, and an in-house team<br />
of translators.<br />
Languages Spoken<br />
Spanish<br />
German<br />
English<br />
Italian<br />
French<br />
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COUNTERFORCE<br />
SRI LANKA<br />
Name of Firm JOHN WILSON PARTNERS,<br />
Attorneys-at-Law & Notaries Public,<br />
Patent and Trademark Attorneys<br />
Address 365 Dam Street<br />
Colombo 12<br />
Telephone +94 11 2324579<br />
+94 11 2448931<br />
Fax +94 11 2446954<br />
E-mail john@srilankalaw.com<br />
trademarks@srilankalaw.com<br />
patents@srilankalaw.com<br />
industrialdesigns@srilankalaw.com<br />
foreigninvestments@srilankalaw.com<br />
general@srilankalaw.com<br />
ictlaw@srilankalaw.com<br />
recoveries@srilankalaw.com<br />
Website http://www.srilankalaw.com<br />
Contact Partner(s) John Wilson (Jr.)<br />
Background of Firm<br />
Founded in 1920 by the late Senator John Wilson, the firm is an established legal practice in Sri Lanka,<br />
providing service in the areas of civil litigation, commercial law and notarial practice to corporations, financial<br />
institutions and individuals. The partners are assisted by a team of professional assistants and consultants<br />
whose details are available on our website.<br />
Principal Areas of Work<br />
JOHN WILSON PARTNERS is a full service law firm. Areas of practice include: Adoption, Family Law<br />
and Private Client; Banking; Finance; Capital Markets; Civil Litigation; Dispute Resolution and Arbitration;<br />
Company Law and Practice; Competition and Trade; Construction Law; Conveyancing and Notarial Work;<br />
Corporate; E-Commerce; Foreign Investment; Intellectual Property (Industrial Property and Copyright) and IT,<br />
ICT and Broadcasting; Legal Opinions and Due Diligence Reports; Residence Visas and Work Permits and<br />
Service of Process.<br />
Intellectual Property Profile<br />
IP services offered include: Industrial Design, Patent and Trademark Registrations, Renewals and Searches;<br />
Recordals of Change of Name, Address, etc of Assignments; Licences and other matters; Opposition Proceedings;<br />
IP Drafting and Documentation; IP Licensing; IP Aspects of Franchise and Licensing Agreements;<br />
Advice on Copyright Law and the Law relating to Geographical Indications; Unfair Competition; Undisclosed<br />
Information and Confidentiality; Law relating to <strong>Counterfeiting</strong>, Anti-<strong>Counterfeiting</strong> Prosecutions and Actions;<br />
Law relating to Trade Names and Brand Names; Law and Practice of Customs; Border Measures and Border<br />
Controls; Domain Name Registrations; Publication of Cautionary Notices; Contentious IP Litigation, including<br />
Nullity Actions; PCT National Phase Entry Applications, General IP Counsel and Advisory Services.<br />
Additional Information<br />
JOHN WILSON PARTNERS is a member of the following networks: (1) INTA; (2) AIPPI; (3) Counterforce;<br />
(4) McIntyre Sträter International (MSI); (5) The Inter Pacific Bar Association.<br />
Languages Spoken<br />
English, French, German, Sinhala and Tamil<br />
81<br />
COUNTERFORCE
COUNTERFORCE<br />
SWITZERLAND<br />
Name of Firm GROS & WALTENSPÜHL<br />
Address 9, rue Beauregard<br />
1204 Geneva<br />
Telephone +41 22 311 38 33<br />
Fax +41 22 311 6358<br />
Email gw@g-w.ch<br />
Website www.g-w.ch<br />
Contact Partners Ms Theda KÖNIG HOROWICZ<br />
Mr Christophe MAILLEFER<br />
Background of Firm<br />
GROS & WALTENSPÜHL was founded in 1981 by Bertrand Gros, Patrick Heiniger and Louis Waltenspühl<br />
in Geneva. Patrick Heiniger left the firm in 1987, when he became Managing Director of Rolex SA, the<br />
international headquarters of Rolex.<br />
The Geneva office is ideally located in the Old Town, in a four-storey historical building, within walking<br />
distance of the Law Courts. The Zurich office of Gros & Waltenspühl was opened in 2001.<br />
The firm has established close and long-lasting relationships with major corporate entities and well-known<br />
private individuals, including foreign entities doing business in Switzerland and domestic entities doing<br />
business abroad.<br />
The firm’s lawyers are members of famous associations which include, notably, the Swiss Arbitration<br />
Association (ASA), the European Communities Trade Mark Association (ECTA), the International Association<br />
for the Protection of Industrial Property (AIPPI), the International Trademark Association (INTA), the LES-CH,<br />
which is member of the Licensing Executives Society International (LESI), the Swiss section of the International<br />
League of Competition Law (ASEC/LIDC), the Swiss-American Chamber of Commerce, the Geneva<br />
Business Law Association, the Geneva Law and Legislation Society and the Lausanne University Corporation<br />
Law Centre.<br />
Through its international legal practice, the firm has built up strong working relationships with foreign law firms<br />
worldwide:<br />
o Europe: Paris, London, Madrid, Brussels, Milan<br />
o United States: New York<br />
o Asia: Hong Kong, Taiwan, Singapore, Tokyo<br />
o Australia: Melbourne<br />
These relationships enable the firm to prove a full range of services to its clients.<br />
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Principal Areas of Work<br />
COUNTERFORCE<br />
The firm provides a full range of legal services to both domestic and international clients and deals with all aspects of<br />
business law.<br />
Since its creation, Gros & Waltenspühl is particularly involved in the fields of Intellectual Property Law,<br />
Competition Law and European Law.<br />
The firm has also extensive experience, at an international level, in the following areas of specialisation:<br />
o Contract Law<br />
o Corporate Law<br />
o Trust Law<br />
o Real Estate Law<br />
o Work and residence permits in Switzerland<br />
o Sports Law<br />
o Arbitration<br />
Intellectual Property Profile<br />
Six attorneys of the Firm are specialised in intellectual property law and offer the following services:<br />
• Legal consultations on general intellectual property issues and related competition and contract law<br />
• Full range of services for trademarks (searching, watching, filing and prosecuting applications to<br />
registration (national and international), enforcement, litigation).<br />
• Full range of services for industrial designs (filings, enforcement, litigation)<br />
• Disputes and litigation for copyrights and patents<br />
• Full range of services for domains<br />
• Anti-counterfeiting<br />
The Intellectual Property Partners are engaged in national and international organisations. Ms. Theda KÖNIG<br />
HOROWICZ is an expert in the Legal and Anti-<strong>Counterfeiting</strong> Commissions of the Federation of the Swiss Watch<br />
Industry since 1997. She is also a WIPO Domain Name Panelist since 2003.<br />
Mr. Christophe MAILLEFER is a member of the Anti-<strong>Counterfeiting</strong> Committee of European Communities Trade<br />
Mark Association (ECTA).<br />
Languages Spoken:<br />
English, German, French<br />
83<br />
COUNTERFORCE
COUNTERFORCE<br />
84
COUNTERFORCE<br />
TAIWAN<br />
Name of Firm SAINT ISLAND INTERNATIONAL<br />
PATENT & LAW OFFICES<br />
Address 7 th Floor, No 248, Section 3<br />
Nanking east Road<br />
Taipei 105<br />
Telephone +886 2 2775 1823<br />
Fax +886 2 2731 6377<br />
Email siiplo@mail.saint-island.com.tw<br />
Website http://www.saint-island.com.tw<br />
Contact Partner(s) William W L Chen<br />
Frank F J Liu<br />
Background of Firm<br />
Established in 1974, Saint Island started as a patent firm with the initial practice confined to patent and<br />
trademark prosecutions in Taiwan and worldwide on behalf of local clients in Taiwan. Over the years, Saint<br />
Island has matured into a full service IP firm expanding its practice scope covering any and all areas of patent<br />
and trademark matters, including technical and legal specialties related to intellectual property rights. Saint<br />
Island has seventeen partners and over three hundred staff members in five different cities in Taiwan.<br />
Principal Areas of Work<br />
Intellectual Property matters, including but not limited to, preparation, prosecution and application of patent<br />
and trademark applications in Taiwan; preparation of patent and trade-mark applications for filing in foreign<br />
countries; trademark recordation before the Board of Foreign Trade; patent, trademark and copyright<br />
infringement and validity studies; integrated circuit layout registration and infringement studies; patent,<br />
trademark copyright and integrated circuit infringement litigation; licensing, negotiation, mediation,<br />
arbitration of intellectual properties; and trade secrets and unfair competition matters.<br />
Intellectual Property Profile<br />
Saint Island has 17 partners and over 300 staff members handling intellectual property cases involving<br />
international practices representing numerous domestic and foreign clients, including individual inventors,<br />
educational institutions, non-profit organisations, small and medium-sized businesses, as well as<br />
transnational companies listed in FORTUNE 500, and works with over two thousand foreign IP groups around<br />
the world. Saint Island’s patent group specialises in a wide field of science and technology, such as biology,<br />
pharmacology, medical technology, mechanical, chemical and electrical engineering, computer and software.<br />
Additional Information<br />
Saint Island is recognised as the largest IP group in Taiwan and accounts for most patent and trademark<br />
works with Taiwan’s Intellectual Property Office.<br />
Saint Island has been voted in polls conducted by the Managing Industrial Property Magazine et al, as one<br />
of the top IP firms in Taiwan for many consecutive years. Saint Island developed Taiwan’s very first trademark<br />
database for in-house trademark searches in 1984.<br />
Languages Spoken<br />
Mandarin English Japanese German<br />
85<br />
COUNTERFORCE
COUNTERFORCE<br />
THAILAND<br />
Name of Firm TILLEKE & GIBBINS INTERNATIONAL LTD<br />
Address Tilleke & Gibbins Building<br />
64/1 Soi Tonson, Ploenchit Road<br />
Bangkok 10330<br />
Telephone +66 2263 7700<br />
+66 2254 2640<br />
Fax +66 2263 7710<br />
Email postmaster@tillekeandgibbins.com<br />
Website www.tillekeandgibbins.com<br />
Office(s) Tilleke & Gibbins International Phuket Ltd<br />
Plaza Del Mar, Units 205-209<br />
1 Moo 1, Pasak-Koktanod Road<br />
Cherngtalay, Talang<br />
Phuket 83110, THAILAND<br />
Tel +66 76 318 251-5<br />
Fax +66 76 318 256<br />
Email phuket@tillekeandgibbins.com<br />
Tilleke & Gibbins Consultants Ltd<br />
HAREC Building, 4th Floor<br />
4A Lang Ha Street<br />
Ba Dihn<br />
Hanoi, VIETNAM<br />
Tel +84 4 772 6688<br />
Fax +84 4 772 5568<br />
Email inquiry@tillekeandgibbins.com<br />
Tilleke & Gibbins Consultants Ltd<br />
Suite 203, Cityview Commercial Centre<br />
12 Mac Dinh Chi, District 1<br />
Ho Chi Minh City, VIETNAM<br />
Tel +84 8 8251 645, 8251 695<br />
Fax +84 8 8242 226<br />
Email inquiry@tillekeandgibbins.com<br />
Contact Partner(s) Edward J Kelly (edward.k@tillekeandgibbins.com)<br />
David Lyman (david.l@tillekeandgibbins.com)<br />
Background of Firm<br />
Founded in 1890, TILLEKE & GIBBINS is one of the largest independent law firms in Thailand with offices<br />
in Bangkok and Phuket, as well as in Hanoi and Ho Chi Minh City, Vietnam. A multi-service law firm, the firm<br />
has a 117-year track record of providing advice, knowledge, and judgement to best accomplish its clients’<br />
objectives.<br />
86
Principal Areas of Work<br />
COUNTERFORCE<br />
Intellectual Property: Patents, trademarks, geographical indications, trade secrets.<br />
IP Enforcement: Due diligence, entertainment law, pre-litigation, litigation, IP licensing<br />
and contracts, copyrights.<br />
Dispute Resolution: Arbitration, litigation, mediation.<br />
Commercial: Banking and finance, corporate services, international<br />
trade, labour, private client services, property, environment and development<br />
taxation, transportation and insurance, immigration and work permits.<br />
Intellectual Property Profile<br />
TILLEKE & GIBBINS has one of the largest and most active IP practices in Thailand and is consistently<br />
voted by its peers as the top IP firm in Thailand in surveys conducted by major publishing firms.<br />
Handling all aspects of intellectual property work, both of a contentious and non-contentious nature, the<br />
IP Department prides itself on being a one-stop center for any clients’ needs for IP services, including<br />
registration, litigation, enforcement, government relations and licensing. Representing more than 5,000<br />
leading firms and corporations in more than 100 countries with internationally recognised brand names,<br />
the firm also has special expertise in anti-counterfeiting, anti-piracy, and enforcement work. The IP Litigation<br />
Section has considerable experience in civil and criminal actions against infringements in Thailand and<br />
Vietnam. The firm also handles transactions relating to franchising, distributorship agreements, and<br />
technology transfer.<br />
The Trademark and Patent Registration practice is led by Vipa Chuenjaipanich, while the IP Enforcement<br />
Practice is led by Edward J Kelly. In addition, there is a High-Tech Enforcement Team, a group of specialists<br />
with legal and technical expertise dedicated to handling complex matters involving theft of trade secrets and<br />
infringement of copyrighted software. Ms Chuenjaipanich and Mr Kelly are consistently identified as leading<br />
lawyers/practitioners in the IP field in Thailand for their outstanding work in this area.<br />
Languages Spoken<br />
Thai English Japanese<br />
French Italian Greek<br />
Filipino Spanish<br />
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COUNTERFORCE
COUNTERFORCE<br />
TURKEY<br />
Name of Firm DERIS PATENTS & TRADEMARKS<br />
AGENCY A.S.<br />
Address Inebolu Sokak,<br />
No. 5, Deris Patent Building,<br />
Kabatas/Setüstü<br />
34427 Istanbul<br />
Turkey<br />
Telephone + 90 212 249 7010 / 11<br />
+ 90 212 252 6122 / 23<br />
Fax + 90 212 293 7676+90 212 244 2588 through 97<br />
Email deris@deris.com.tr<br />
Website www.deris.com .tr<br />
www.ipms.com.tr<br />
Contact Partner(s) Mr M N Aydin Deris<br />
Mrs N Ipek Deris<br />
Mrs N Serra Yardimci Coral<br />
Mr. E. Kerim Yardimci<br />
Background of Firm<br />
DERIS PATENTS & TRADEMARKS AGENCY A.S. was initiated by Celal Dervis Deris, Lawyers in 1912 in<br />
Istanbul. The firm was incorporated by Dr Etem Dervis Deris on 17 January 1959 in Istanbul. Mr M N Aydin<br />
Deris, the senior partner of the firm, has acted and taken part in his capacity of lawyer and legal counsel<br />
whether for matters involving litigations, court proceedings or for matters involving the establishment,<br />
licensing and follow-up of industrial/intellectual property rights in Turkey and abroad, on behalf of foreign<br />
and Turkish clients.<br />
Principal Areas of Work<br />
DERIS PATENTS & TRADEMARKS AGENCY A.S is one of the oldest and largest in Turkey operating<br />
exclusively in the fields of intellectual and industrial property and provides services in all aspects in respect<br />
of trademarks, patents utility models, design patents, copyright and other types of protection available in<br />
Turkey, in Cyprus (Turkish and Greek parts) and in any other country of interest, such as: search; filing<br />
and registration; record of status change/license; renewals for trademarks, patents, design patents;<br />
oppositions; contractual and licensing matters; legal contentious and non-contentious matters; legal<br />
counsel and assistance.<br />
Intellectual Property Profile<br />
DERIS PATENTS & TRADEMARKS AGENCY A.S. presently employs 59 people operating under different<br />
departments.<br />
The staff includes:<br />
5 lawyers for legal representation before the Courts;<br />
8 attorneys-at-law of which 6 are also chartered patent and trademarks attorneys;<br />
3 law graduates from the law faculty of Geneva University in Switzerland preparing for the bar, who are<br />
also chartered patent and trademark attorneys;<br />
14 chartered patent and trademark attorneys authorised to act before the Turkish Patent Institute in<br />
all industrial property matters;<br />
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COUNTERFORCE<br />
Mr M N Aydin Deris, the Senior Partner and Lawyer/Legal Counsel of the Firm has acted in all matters<br />
involving litigation, court proceedings, licensing, industrial/intellectual property rights in Turkey and abroad<br />
on behalf of foreign and Turkish clients.<br />
Mr M N Aydin Deris has been an active member since the early 1980s of different commissions engaged<br />
in the establishment of the new legislation concerning the field of industrial property at the State Planning<br />
Organisation and the Ministry of Trade and Industry, preparing studies pertaining to diverse subjects to be<br />
submitted to concerned commissions.<br />
Mr M N Aydin Deris has participated in the meetings as a member of the Intellectual Property Commission<br />
of the Turkish National Group of the International Chamber of Commerce (ICC).<br />
Mr M N Aydin Deris is a member of AIPPI; FICPI; LES ITALIA, INTA and has prepared and contributed<br />
for Turkey to the survey of INTA regarding “The suspension of release procedure before the customs.”<br />
Languages Spoken<br />
Turkish<br />
French<br />
English<br />
Italian<br />
Spanish<br />
German<br />
Greek<br />
The firm has many sworn translators in French, English, Italian, Spanish and German.<br />
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COUNTERFORCE
COUNTERFORCE<br />
90
COUNTERFORCE<br />
UKRAINE<br />
Name of Firm PAKHARENKO & PARTNERS<br />
Address (Postal) 9 Pushkinskaya Str<br />
Suite 11<br />
Kiev 01034<br />
Address (Street) 72 Chervonoarmiyska Str<br />
Entrance 1<br />
7 th Floor<br />
Kiev 03150<br />
Telephone +380 44 4518340<br />
Fax +380 44 4514048<br />
Email pakharenko@pakharenko.kiev.ua<br />
Website<br />
Contact Partner(s) Antonina Pakharenko-Anderson<br />
Elena Shamrina<br />
Alexander Pakharenko<br />
Background of Firm<br />
PAKHARENKO & PARTNERS is one of the largest intellectual property and law firms in Ukraine with<br />
offices in Kiev, Ukraine, and London, United Kingdom. Since its inception, the company has built up strong<br />
international connections and client base and today is proud to have the opportunity to handle the intellectual<br />
property portfolios of some of the largest corporations in the world. The company assists its clients with the<br />
protection and enforcement of their intellectual property rights in Ukraine, CIS countries, Baltic States and<br />
throughout Eastern Europe.<br />
Intellectual Property Profile<br />
The company handles matters relating to patents, designs, utility models, trademarks, domain names,<br />
IP searches, licensing, unfair competition, anti-counterfeiting and anti-piracy activities to include both<br />
investigations and actions against infringers, and is experienced in litigation before the civil and commercial<br />
courts.<br />
Languages Spoken<br />
Ukrainian<br />
Russian<br />
English<br />
German<br />
French<br />
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COUNTERFORCE
COUNTERFORCE<br />
UNITED ARAB EMIRATES<br />
Name of Firm AFRIDI & ANGELL, Legal Consultants<br />
Address P O Box 9371, Emirates Towers<br />
Level 35, Sheikh Zayed Road<br />
Dubai<br />
Telephone +971 4 330 3900<br />
Fax +971 4 330 3800<br />
Email dubai@afridi-angell.com<br />
Office(s) P O Box 3961, Al Ghaith Tower<br />
Level 8, Suite 806, Sheikh Hamdan Road<br />
Abu Dhabi<br />
Tel +971 2 627 5134<br />
Fax +971 2 627 2905<br />
Email abudhabi@afridi-angell.com<br />
P O Box 5925, Al Safa Building, Level 2<br />
Al Boorj Avenue<br />
Sharjah<br />
Tel +971 6 568 1062<br />
Fax +971 6 568 2336<br />
Email sharjah@afridi-angell.com<br />
Contact Partner(s) Casipillai Chakradaran (Dubai)<br />
Charles Laubach (Abu Dhabi)<br />
George Windecker (Aby Dhabi)<br />
Bashir Ahmed (Sharjah)<br />
Background of Firm<br />
AFRIDI & ANGELL is a corporate and commercial law firm with more than 30 years presence in the United<br />
Arab Emirates, with offices in Dubai, Abu Dhabi and Sharjah, conducting a diversified regional and<br />
international practice, providing legal services in all aspects of corporate and commercial matters, including<br />
acquisitions and mergers, private equity, banking and financial services, maritime, transport, real estate,<br />
energy, commercial agency, project development, construction, intellectual property, employment, Islamic<br />
law and finance, insurance, private banking, administrative, arbitration, litigation, military procurement,<br />
anti-boycott and F.C.P.A. The firm is licensed as legal consultants but is not licensed to appear in Court.<br />
92
Principal Areas of Work<br />
COUNTERFORCE<br />
The Dubai office practice also includes acquisitions and securities law, projects and construction, project<br />
finance and Islamic finance, and dispute resolution. The firm serves clients’ requirements in the many Free<br />
Zones in Dubai, including the Jebel Ali Free Zone, Dubai Internet City and the Dubai International Financial<br />
Center (where the firm is also licensed).<br />
The Abu Dhabi office conducts a diversified commercial and corporate practice and provides legal services<br />
in all aspects of commercial matters, including financial services, banking, insurance, maritime, project<br />
development, project finance, oil and gas, contracting, construction, weapons procurement, offset projects,<br />
governmental licensing, commercial agency and intellectual property.<br />
The Sharjah office, the only foreign firm with a licensed office in the Emirate of Sharjah, is also involved in oil<br />
and gas, hotel and leisure and intellectual property matters.<br />
Intellectual Property Profile<br />
Federal Legislation for the protection of Intellectual Property has been enacted in the UAE. The firm actively<br />
represents a number of overseas and local clients in trademark, patent and copyright matters.<br />
Languages Spoken<br />
English Arabic French<br />
Pushtu German Urdu<br />
Tamil Farsi<br />
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COUNTERFORCE<br />
94
COUNTERTECH<br />
SECTION 2<br />
COUNTERTECH<br />
95<br />
COUNTERTECH
COUNTERTECH<br />
INDEX<br />
TECHNOLOGY COMPANIES LISTED BY COUNTRY<br />
COUNTRY COMPANY NAME Page No<br />
AUSTRALIA Datatrace DNA Pty Limited 97<br />
AUSTRIA Jura JSP GmbH 98<br />
Securikett Ulrich & Horn GmbH 99<br />
FRANCE Hologram Industries 100<br />
GERMANY Hologram Company Rako GmbH 101<br />
Schreiner Group GmbH & Co KG 102<br />
Schwarz Druck GmbH & Co KG 103<br />
tesa scribos GmbH 104<br />
HUNGARY Hungarian Banknote Printing Corporation 105<br />
NETHERLANDS 3M Nederland BV 106<br />
PORTUGAL INETI 107<br />
SPAIN Signe SA 108<br />
SWITZERLAND 3D AG 110<br />
SICPA Product Security SA 111<br />
UKRAINE Specialized Enterprise “Holography” Ltd 112<br />
UNITED KINGDOM First Ondemand 113<br />
UNITED STATES OF AMERICA ARmark Authentication Technologies 114<br />
Opsec Security Group Inc. 115<br />
96
COUNTERTECH<br />
AUSTRALIA<br />
Name DATATRACE DNA PTY LIMITED<br />
Address Suite 919 Rodborough Road<br />
Frenchs Forest<br />
NSW 2086<br />
Telephone +61 2 8977 4900<br />
Fax +61 2 9975 4700<br />
Email info@datatracedna.com<br />
Website www.datatracedna.com<br />
Contact Person(s) Greg Twemlow, VP Business Development<br />
John Kraft, VP Product Development<br />
Ian Allen, CEO<br />
Background of Firm<br />
DataTraceDNA is a 50/50 joint venture between the CSIRO and Australian public company DataDot<br />
Technology (ASX ticker DDT). The CSIRO is the Australian Government’s internationally renowned research<br />
organisation with over 6500 scientists and engineers. DataDot is a global leader in the development of assetbased<br />
identification, having developed four leading-edge identification technologies that allow assets, and<br />
their component parts, to be uniquely marked and identified. DataDot’s asset identification technologies have<br />
wide product application, and the potential to penetrate global markets in the automotive, marine, clothing<br />
and industrial materials sectors. Following the May 2005 filing of a provisional patent for DataTraceDNA by<br />
CSIRO and DataDot, the joint venture company DataTraceDNA Pty Ltd was launched in September 2005.<br />
Anti-counterfeiting & Security Technologies<br />
DataTraceDNA is a unique chemical substance that can be incorporated into the molecular structure<br />
of a product to identify and authenticate it in a manner similar to a barcode.<br />
Developed under a Research Agreement between CSIRO Molecular and Health Technologies (CMHT) and<br />
the Sydney-based company DataDot Technology Limited (DDT), the technology has recently resulted in the<br />
formation of a joint venture between the two groups to produce and market the product.<br />
The “chemical barcode” consists of a group of chemicals that can be integrated into the composition of any<br />
material. When the material is illuminated under light of a particular frequency, a hand-held reader detects<br />
a unique emission spectrum. That is, an individual pattern invisible to the naked eye can be assigned to a<br />
product to identify it as authentic.<br />
The numerous combinations of patterns generated by DataTraceDNA provide enough variation for overlap<br />
between products not to be a concern. In addition, the complexity of the chemical barcode makes it extremely<br />
difficult to decipher, preventing counterfeiters from reproducing the authenticity code.<br />
Additional Information<br />
DataTraceDNA is chemically inert and tough enough to persist in any conditions. DataTraceDNA can be<br />
added to a wide range of materials and products to ensure process and logistics control, inventory control,<br />
quality control, pollution control and for establishing the authenticity of products and materials.<br />
Authenticity and bulk product homogeneity is determined in the field or factory by a portable digital reader that<br />
provides an instant readout.<br />
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COUNTERTECH
COUNTERTECH<br />
AUSTRIA<br />
Name of Firm JURA JSP GmbH<br />
Address Gebhardtgasse 13/8<br />
A-1190 Vienna<br />
Telephone +43 1 367 83 88-0<br />
Fax +43 1 367 83 77<br />
Email jsp@jura.at<br />
Website www.jura.at<br />
Contact Person(s) Mrs Renate Kroboth, General Manager<br />
Mr Thomas Scholler, General Manager<br />
Background of Firm<br />
JURA JSP GmbH, part of the Jura Group, is known worldwide as an experienced hardware supplier and<br />
system integrator for turn-key prepress solutions.<br />
For many years the Jura Group has developed software for high security prepress applications, as well<br />
as security systems for document personalisation.<br />
Through the long term experience of the Jura Group in the field of high security printing, and with the in-house<br />
developed high security design software, Jura is in a position to provide a range of economically and efficient<br />
solutions for their customers.<br />
Anti-<strong>Counterfeiting</strong> & Security Technologies<br />
• High Security Prepress Solutions<br />
• Personalisation for Documents (Passports, Driving Licences, ID Cards)<br />
• Solutions for Brand Protection<br />
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COUNTERTECH<br />
AUSTRIA<br />
Name of Firm SECURIKETT ULRICH & HORN GmbH<br />
Address IZ NÖ Süd<br />
Strasse 10, Objekt 48<br />
A2355 Wiener Neudorf<br />
Telephone +43 2236 677 925 0<br />
Fax +43 2236 677 925 10<br />
Email office@securikett.com<br />
Website www.securikett.com<br />
Contact Person(s) Werner Horn<br />
werner.horn@securikett.com<br />
Background of Firm<br />
99<br />
Marietta Ulrich-Horn<br />
marietta.ulrich-horn@securikett.com<br />
Securikett, standing for “security” and “etikett” (=label), is a member of the Ulrich label group and was<br />
founded in 2001.<br />
The Ulrich label group has its roots back in 1868 and is today among Europe’s leading label printers,<br />
not only in size, but also with regard to quality and versatility. Around 300 people are employed.<br />
Anti-<strong>Counterfeiting</strong> & Security Technologies<br />
Securikett’s strength is cost efficient production of labels in reel-fed printing, integrating security features<br />
at the same time under appropriate secure conditions.<br />
The tailorized combination of prints (flexographic, letterpress, screen ) with special security features, allows<br />
the following product range:<br />
Product Range Security Features<br />
- self adhesive labels of various forms<br />
and materials<br />
- tags<br />
- sleeve labels<br />
- tickets and vouchers<br />
- windshield stickers<br />
- self-adhesive stamps<br />
- multilayer labels<br />
- closure seals<br />
- hanging tags for infusion<br />
- holograms<br />
- holographic hotfoil stamping<br />
(endlessdesign or in register)<br />
- numbering and barcoding<br />
- random numbering<br />
- taggants<br />
- RFID<br />
- VOID<br />
- security prints (microtext, special raster<br />
dots, guilloches …)<br />
Additionally, Securikett offers the patented “Authentikett”, where a hologram in register is accurately<br />
integrated in a printed image. It is both very difficult to copy and easy to remember by customers, because<br />
of the attractive coloured image.<br />
Especially for logistic solutions Securikett developed labels called “Intellikett”. The intelligent idea behind is<br />
to combine the label with different kinds of numbering. For example, a special secure random number<br />
can be verified via Internet or SMS.<br />
Last but not least, the brand name “Securikett” stands for a cost efficient security solution where f.e.<br />
an endless hologram or a hologram in register is integrated.<br />
COUNTERTECH
COUNTERTECH<br />
FRANCE<br />
Name of Firm HOLOGRAM INDUSTRIES<br />
Address Parc d’Activités Gustave Eiffel<br />
22 Avenue de l’Europe<br />
F-77607 Bussy St George cedex 3<br />
Telephone +33 1 6476 3100<br />
Fax +33 1 6476 3570<br />
Email sales@hologram-industries.com<br />
Website www.hologram-industries.com<br />
Contact Person(s) Marie-Laure Maquaire, Marketing Manager<br />
Background of Firm<br />
HOLOGRAM INDUSTRIES is a French company specialising in the creation and production of optical<br />
security solutions dedicated to the protection of fiduciary and identity documents, as well as branded goods.<br />
Recognised for its high and unique technology, the company has customers in more than 40 countries and<br />
offers adapted solutions to each security issue. A wide range of products is provided both for originations<br />
and support substrates.<br />
Alphagram®, Gyrogram®, Chromogram® and Diagram® originations answer all the needs according to the<br />
required security level.<br />
DID®, a revolutionary optical security device which shows a colour shift from green to red when rotated 90°,<br />
has been developed by the company to offer the market a very easy to recognise, as well as a very highly<br />
counterfeit resistant feature. Any of the above mentioned originations and DID® can be in the form of hot<br />
stamping foils (Optofoil® range), transparent holographic laminates (Optoseal® range) or self-adhesive labels<br />
(Optoproof® range).<br />
The company is ISO 9001 certified and also CWA certified as “high security hologram manufacturer.”<br />
100
COUNTERTECH<br />
GERMANY<br />
Name of Company HOLOGRAM COMPANY RAKO GmbH<br />
Address Moellner Landstrasse 15<br />
D-22969 Witzhave<br />
Telephone +49 4104 693 250<br />
Fax +49 4104 693 249<br />
Email wschipper@hologram-company.com<br />
Website www.hologram-company.com<br />
Contact Wilfried Schipper, Managing Director<br />
Heiko Eggers, Sales and Marketing<br />
email:heggers@hologram-company.com<br />
Background of Firm<br />
HOLOGRAM COMPANY was founded in 1993 and is part of the RAKO-Group with more than 600<br />
employees on seven production sites in Europe.<br />
Anti-counterfeiting and Security Technologies<br />
HOLOGRAM COMPANY produces high technology state of the art holographic security labels both on rolls<br />
and sheets; alternatively, they can be applied to labels, hang tags, entrance tickets, or shrink sleeves.<br />
Self-destruct foils and different adhesives can be adapted to customers’ requirements and needs.<br />
Transparent holographic foils or coloured foils, as well as those with individual effects, are at the top<br />
of our product range.<br />
In addition, we offer new technologies, including partial-transparent holograms with demetallization in<br />
exact register or overprint with special colours reacting to light, temperature, solvents or hidden chemical<br />
substances. Our manipulation-proof laser numbering, whether in transparent, transparent with UV-fluorescent<br />
features or coloured (red, yellow, green, blue, black, white) serves as basis for our internet-based track and<br />
trace system HOLOTRACK, which ensures a seamless worldwide control and follow-up.<br />
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COUNTERTECH<br />
GERMANY<br />
Name of Firm SCHREINER GROUP GmbH & CO KG<br />
Address Bruckmannring 22<br />
D-85764 Oberschleissheim<br />
Telephone +49 89 31584 5385<br />
Fax +49 89 31584 5317<br />
Email voelcker@schreiner-prosecure.de<br />
Website www.schreiner-online-de<br />
Contact person(s) Thomas Voelcker<br />
Other Office(s) SCHREINER LABEL TECH INC<br />
21477 Bridge Street, Suite 1<br />
Southfield, MI 48034, USA<br />
Tel: + 1 248 355 3006<br />
Fax: + 1 248 355 3046<br />
Background of Firm<br />
SCHREINER GROUP GmbH & CO KG was established in 1951, and the owner and Managing Director is<br />
Mr Helmut F Schreiner. With nearly 500 employees and approximately 38,000 square metres of plant area,<br />
Schreiner reached a turnover of 71 million Euro in 2004. Schreiner currently exports products to 33 countries<br />
around the globe.<br />
Schreiner constantly strives to achieve better solutions for its customers’ requirements. To reach this goal.<br />
Schreiner is committed to values such as innovation, performance and quality. ProSecure is a special<br />
business unit for security solutions.<br />
For more than eight years Schreiner ProSecure has been successfully involved in the development and<br />
production of security labels and seals. ProSecure develops and produces self-adhesive PIN-covers, fixing<br />
pads, specific solutions for the smart card industry, as well as being focused on product and document<br />
protection against counterfeiting, tampering and theft.<br />
Schreiner ProSecure offers a full range of overt, covert and forensic security features for authentication of<br />
original products and documents as easy visible indicators labels, may carry guilloche and microtext printing,<br />
holograms, embedded threats or other optical variable imprints. Hidden features include luminescent or<br />
infrared-readable inks, thermal-reactive or pen-reactive colours. Forensic features, such as DNA-based<br />
or micro-taggant based features, offers a legal proof of original versus counterfeited products.<br />
Additional Information<br />
• Separate security area with CCTV surveillance and access control<br />
• Certified according to QS-9000, VDA 6.1, ISO 9001, ISO 14001 and the EU Ecological<br />
Audit Scheme, production in compliance with the GMP guidelines<br />
• Letterpress, flexographic, silk-screen and digital printing<br />
• 16 colours label printing machine (the only one in Europe)<br />
• Company owned R&D Department with 6 engineers and sophisticated laboratory<br />
102
COUNTERTECH<br />
GERMANY<br />
Name of Firm SCHWARZ DRUCK GmbH & CO KG<br />
Address Industriestrasse 2<br />
D-83734 Hausham<br />
Telephone + 49 8026 3970<br />
Fax + 49 8026 39740<br />
Email e.paech@schwarz-druck.de<br />
Contact Person(s) Mr Eberhard Paech<br />
Background of Firm<br />
SCHWARZ DRUCK was founded in 1898 and is a security printing company with world-wide activities<br />
and a high reputation.<br />
Anti-<strong>Counterfeiting</strong> & Security Technologies<br />
A variety of different anti-counterfeiting and security technologies is available to the special needs of our<br />
customers.<br />
103<br />
COUNTERTECH
COUNTERTECH<br />
GERMANY<br />
Name of Firm tesa scribos GmbH<br />
Address Quickbornstrasse 24<br />
D-20253 Hamburg<br />
Telephone +49 40 4909 2587<br />
Fax +49 40 4909 2670<br />
Email info@tesa-scribos.com<br />
Website www.tesa-scribos.com<br />
Contact Person(s) Frank Steffen Waegner<br />
Background of Firm<br />
Tesa AG is a world leader in adhesive tape and label solutions with affiliates in more than 50 countries<br />
and extensive experience in the manufacture and sale of security product systems. tesa scribos GmbH<br />
is a subsidiary of tesa AG and stands for competence in security and identification, with the focus on<br />
anti-counterfeit solutions and product tracing, as well as manipulation protection and document security.<br />
tesa scribos offers expert advice, practical security concepts and a wide range of modern security<br />
technologies. Within the global tesa network, tesa scribos can provide the innovative security solutions<br />
on a worldwide basis.<br />
tesa scribos effective technologies are:<br />
· tesa Holospot® is a discreet, forgery-proof information carrier which can be attached easily to any product.<br />
It uses laser inscription of computer-generated holograms into the very small, polymeric data carriers. Brand<br />
owners get multiple overt and covert security levels for maximum counterfeit protection with the possibility to<br />
identify every single product individually. Authentication is possible with or without special devices and can be<br />
adapted to the brand owners needs.<br />
· tesa IdentSeal® is inscribed by laser with clearly visible text or high contrast bar codes. It offers excellent<br />
overt product protection and identification combined with effective tamper-evidence. Brand owners can<br />
choose between specific surface structures, non-removable imprints or fluorescent UV features to further<br />
enhance security.<br />
· tesa® SecuritySeal: Adhesive tapes and labels for protecting against manipulation and theft by means<br />
of an irreversible optical proof of first opening.<br />
· tesa® SecurityPrint: Labels with security print, e.g. guilloches, luminescence inks, thermoreactive and<br />
colourshifting inks, anti-copy protection.<br />
· Customer-specific security labels, also combined with several security features.<br />
104
COUNTERTECH<br />
HUNGARY<br />
Name of Firm HUNGARIAN BANKNOTE<br />
PRINTING CORPORATION<br />
Address H-1055 Budapest.<br />
Markó u. 13-17<br />
Telephone + 36 1 332 6900/ + 36 1 302 6923<br />
Fax + 36 1 332 0593<br />
Email zsuszsanna.halabrin@penzjegynyomda.hu<br />
Website www.datanet.hu/banknote<br />
Contact Person(s) Zsuszsanna Halabrin,<br />
Head of Development Department<br />
Zoltán Olach, Deputy Managing Director<br />
Background of Firm<br />
HUNGARIAN BANKNOTE PRINTING CORPORATION is Hungary’s sole banknote printer and largest<br />
printer of all kinds of security papers and documents. The company is owned 100% by the National Bank<br />
of Hungary and was founded in 1925 and currently has five directors and approximately 500 employees.<br />
Anti-<strong>Counterfeiting</strong> & Security Technologies<br />
Production of security printed products such as:<br />
• Banknotes<br />
• Passports<br />
• Shares<br />
• Bonds<br />
• Postage stamps<br />
• Tax banderols<br />
• Doctor’s prescriptions<br />
• Tickets, etc<br />
Security technologies:<br />
• Offset<br />
• Intaglio<br />
• Silk-screen<br />
• Letterpress printing<br />
• Special design<br />
• Security inks and substrates<br />
• Hologram application<br />
• Personalisation<br />
• Document book-binding<br />
105<br />
COUNTERTECH
COUNTERTECH<br />
THE NETHERLANDS<br />
Name of Firm 3M NEDERLAND BV / Europe<br />
Address P O Box 193<br />
2300 AD Leiden<br />
Telephone +31 71 5450661<br />
Fax +31 71 5450430<br />
Website www.3M.com/security<br />
Other Offices 3M Safety, Security and Protection Services<br />
Security Systems Division<br />
St Paul<br />
Minnesota<br />
55144-1000 USA<br />
Contact Person(s) J P Wheeler, USA , Brand & Asset Protection<br />
Tel: +1 651 733 4015<br />
Background of Firm<br />
106<br />
Rich Sanders, Authentication & Issuing<br />
Tel: +1 651 733 4814<br />
Matt Pepe, Europe, Middle East and Africa,<br />
Security Systems<br />
Tel: +44 1344 858265<br />
Gert-Jan Kloppert, Europe, Middle East and Africa<br />
Brand Asset, Authentication & Issuing<br />
Tel: +31 71 5450 661<br />
Mario Otte, Europe, Middle East and Africa<br />
Tel: +49 21 3114 3467<br />
3M Security Systems Division is a full-line supplier of security solutions for Product and Document<br />
Authentication, Brand Protection, Asset Management, Theft Prevention, Personal Identification and Border<br />
Control. 3M has a long history providing security solutions rooted in a wide range of expertise, proprietary<br />
chemistries, raw materials and processes, which are backed by strong global technical support systems<br />
to ensure accessible geographic representation all over the world.<br />
3M is a $20 billion diversified technology company with leading positions in health care, safety, electronics,<br />
telecommunications, industrial, consumer and office, and other markets. Headquartered in St Paul,<br />
Minnesota, the company has operations in more than 60 countries and serves customers in nearly<br />
200 countries. 3M is one of the 30 stocks that make up the Dow Jones Industrial Average and also is<br />
a component of the Standard & Poor’s 500 Index. For more information about 3M, go to www.3M.com,<br />
or www.3M.com/profile/pressbox/index.jhtml.<br />
For more information, e-mail: securitysolutions@mmm.com, call: 1-800-328-7098, extension 5,<br />
or visit www.3m.com/security.<br />
3M is a trademark of 3M company.
COUNTERTECH<br />
PORTUGAL<br />
Name of Firm INETI<br />
Address LAER (Aerospace Laboratory)<br />
Edificio D<br />
Estrada do Paco do Lumiar 22<br />
1649-038 Lisboa<br />
Telephone + 351 21 7165181<br />
Fax + 351 21 7166067<br />
Email imr@ineti.pt<br />
Website www.ineti.pt<br />
Contact Person(s) Ana Alexandra Andrade (Researcher)<br />
Prof Jose Manuel Rebordao<br />
(Director of LAER)<br />
Background of Firm<br />
INETI - National Institute of Engineering and Industrial Technology - was established in 1979 by the Ministry<br />
of Economy. INETI has 860 employees devoted to applied scientific and technological research in the fields<br />
of Optics, Computer Sciences, Biotechnology, Chemistry, Food Technology, Materials and Processes, Energy<br />
and Environmental Technologies.<br />
Within INETI, LAER specialises in Optics and Aerospacial research, namely Holography, Remote Sensing<br />
and Image Processing. LAER cooperates with the Forensic Laboratory of the Police and with INCM (the<br />
Portuguese Mint) providing technological support, optimisation of operational methodologies, training in<br />
specific fields and preparation of new activities.<br />
Anti-<strong>Counterfeiting</strong> & Security Technologies<br />
INETI operates part of the production chain owned by INCM, namely the design and the origination by<br />
holography (2D/3D, stereograms, numerical) dot matrix and direct laser writing. INETI owns proprietary<br />
technologies, such as maskless interferometric lighography and upgrades and develops technologies and<br />
new system concepts. INETI is currently striving to implement quantitative methods to evaluate the security<br />
actually provided by such devices. In addition to these capabilities, INETI has strong analytical capabilities<br />
in chemistry and biotechnology, which are used at forensic level and biomarkers, respectively.<br />
107<br />
COUNTERTECH
COUNTERTECH<br />
SPAIN<br />
Name of Firm SIGNE S.A.<br />
Address Avda de la Industria, No 18<br />
Plaza del Péndulo<br />
28760 Tres Cantos (Madrid)<br />
Telephone + 34 91 8060099<br />
Fax + 34 91 8060102/3<br />
Email commercial@signe.es<br />
Contact Person(s) Carlos Santurino - General Manager<br />
Eduardo Quintero - Marketing Department<br />
Background of Firm<br />
SIGNE S.A. was established in 1979 and consists of 5 Directors and 56 Employees.<br />
Anti-<strong>Counterfeiting</strong> & Security Technologies<br />
Security Documents. Development and manufacturing of security papers, security printing and<br />
personalisation of security documents.<br />
• Specialisist in Security Documents in the educational and scientific sector<br />
• University Titles<br />
• Bank Certificates<br />
• Academic Certificates<br />
• Identifications<br />
• Professional Certificates<br />
• Security Labels<br />
• Manufacture of Multi-layer Security Paper<br />
• Access Controls<br />
• Manufacture of Security Paper<br />
• Bill of Exchange manufacturers<br />
• Paper for notarial use<br />
• Documental security training for professionals in police forces, research, banking, etc<br />
• Manufacture of paper with opaque watermark and without cylinder cost<br />
Technologies<br />
Three coat papers with printing under stucco, papers with chemical reactives. Papers with luminescent<br />
reaction, papers with biological reaction, papers with water mark. Inks with chemical reactives. Invisible inks<br />
with remitting thermic reaction. Invisible inks with luminescent reaction. Metameric inks.<br />
Invisible Holograms (cryptograms). Visible Holograms. Mixed Holograms.<br />
Printing Techniques by Laser<br />
Fixe 20 System (guaranteed stability during 20 years in adverse conditions). Fixe 20 System SCT (Security<br />
Toner with magnetic and luminescent reaction). Fixe 20 System SCT-EX (Security toner with magnetic and<br />
luminescent reaction customised).<br />
108
Dry Sealing<br />
COUNTERTECH<br />
(Artistic and Security). Manufacturing and application of dry seals for automatic and manual machines.<br />
Verification Equipment<br />
Laser Verifiers. Magnetic Verifiers. Infrared verifiers. Ultraviolet verifiers.<br />
Software<br />
Specialised in automated multilingual issuing and personalisation of University, educational, professional, etc.<br />
Diplomas and Certificates.<br />
Our Language Server which is the most useful tool for automatic translation of educational and professional<br />
specialised terms. The application allows the user to obtain all equivalent terms and its context in<br />
12 languages.<br />
Adapted development for automatic application of all systems.<br />
109<br />
COUNTERTECH
COUNTERTECH<br />
SWITZERLAND<br />
Name of Firm 3D AG<br />
Address Lättichstrasse 4a<br />
P O Box 2155<br />
CH-6342 Baar<br />
Telephone + 41 41 768 2525<br />
Fax + 41 41 768 2555<br />
Email info@3dag.ch<br />
Website www.3dag.com<br />
Contact Person(s) René Hauser, Managing Director<br />
René Wilde, Director Marketing and Sales<br />
Dominic Luethi, Business Development Manager,<br />
Product & Brand Protection<br />
Eric Woestenburg, Business Development<br />
Manager, High Security<br />
Background of Firm<br />
3D AG is one of the world’s leading originators of holographic structures. It is internationally active and holds<br />
a market-leading position for technologically excellent performance by offering the highest quality and the<br />
maximum level of security at the best service.<br />
Founded in 1989, 3D AG is today still one of the few independent companies in the holographic industry.<br />
The combination of the firm’s expertise and state-of-the-art exclusive in-house production facilities allows it to<br />
offer a wide variety of distinguished products and services, offering unlimited opportunities for the customers’<br />
specific needs, whilst assuring absolute integrity for their ideas and security requirements.<br />
3D AG is ISO-9001 certified and one of the founders of the IHMA, the International Hologram Manufacturers<br />
Association. www.ihma.org<br />
Anti-<strong>Counterfeiting</strong> & Security Technologies<br />
3D AG designs and manufactures holographic, nano and microrelief products providing fiduciary holographic<br />
solutions for high security applications (i.e. banknotes, cheques, cards, identity documents, passports),<br />
product and brand protection packaging (i.e. product authentication devices, anti-counterfeit security).<br />
It provides an extensive portfolio of products and services.<br />
SWISSGRAM: construction kit containing nearly all holographic and nanotechnical technologies.<br />
Customers can compile their optimal hologram out of these high and medium security features.<br />
HIGHSPE3D HOLOGRAPHY: a special concept for creating medium-security holograms in relatively<br />
low volumes, available in large formats (up to 800x1000mm).<br />
KALEIDOCODE: true holographic barcodes with an extremely high forger-proof character.<br />
ELECTROFORMING SERVICES: high precision replications of almost any micro and nanostructures,<br />
especially holographic gratings.<br />
RECOMBINATION SERVICES: high precision duplication and assembly of surface reliefs.<br />
110
COUNTERTECH<br />
SWITZERLAND<br />
Name of Firm SICPA PRODUCT SECURITY SA<br />
Address Avenue Florissant 41<br />
CH-1008 Prilly<br />
Telephone +41 21 627 55 55<br />
Fax +41 21 620 06 20<br />
E-mail product.security@sicpa.com<br />
Website<br />
Other Offices SICPA Product Security LLC<br />
8000 Research Way<br />
Springfield VA 22153, USA<br />
Telephone +1 703 455 8050<br />
Fax +1 703 455 4512<br />
SICPA Security Inks (UK) LTD<br />
29 Star Road<br />
Partridge Green<br />
Horsham RH13 8RA, UNITED KINGDOM<br />
Telephone +44 1403 712700<br />
Fax +44 1403 712716<br />
Contact Person(s) Olivier Rozumek, Managing Director<br />
Charles Finkel, Global Sales Director<br />
Background of Firm<br />
SICPA, a private Swiss company founded in 1927, is a global leader in security inks and systems for<br />
banknotes, value documents and branded goods. SICPA Holding SA is organised in two global businesses:<br />
• Banknote and document security<br />
• Product security<br />
Throughout its history SICPA has dedicated itself to helping governments, central banks and brand owners<br />
find comprehensive solutions to widespread security issues.<br />
Anti-<strong>Counterfeiting</strong> & Security Technologies<br />
SICPA are the world leader in the provision of security inks for high security printing, providing in excess<br />
of 85% of the world’s currency inks.<br />
SICPA Product Security marries the security and commercial application expertise to make high security<br />
features and systems available for brand protection and government applications.<br />
The solutions offered include overt and covert features and systems and cover the fields of anti-counterfeit<br />
anti-diversion, anti-smuggling.<br />
SICPA currently supplies solutions to the following industries:<br />
Tobacco Computers and software<br />
Luxury goods and apparel Ticketing<br />
Sporting goods and apparel Pharmaceuticals<br />
Food and Beverage<br />
111<br />
COUNTERTECH
COUNTERTECH<br />
UKRAINE<br />
Name of Firm SPECIALIZED ENTERPRISE<br />
“HOLOGRAPHY” LTD<br />
Address office 29<br />
34/1 Grushevskogo St<br />
Kiev 01021<br />
Telephone + 380 44 561 2520<br />
+ 380 44 561 2521<br />
Fax + 380 44 561 2545<br />
Email holo@hologr.com<br />
Website www.hologr.com<br />
Contact Person(s) Stus Yury, Head of Marketing Department<br />
Sergiy Buyan, Director of Sales and Marketing<br />
Background of Firm<br />
SPECIALIZED ENTERPRISE “HOLOGRAPHY” LTD was originally established on the initiative of the government<br />
of Ukraine with the involvement of the National Academy of Sciences of Ukraine. The company was<br />
launched in order to create a domestic hologram manufacturing industry to meet the needs of government.<br />
Whilst in operation (2000-2002), the company has built a plant, purchased manufacturing equipment and<br />
launched mass hologram production. As of today, the company firmly holds over 95% of state awards and<br />
approximately 75% of the business market share.<br />
The company has accumulated significant experience and improved technologies; the company has<br />
a strong position in the Ukrainian market and is gaining a foothold in new foreign markets.<br />
The company produces holograms for the protection of licensed audio and video products, notary documents,<br />
diplomas of education, drivers’ licenses and other documents issued by the Ministry of Interior, etc. Security<br />
holograms made by the company have proved to be highly efficient; owing to this fact new large-scale state<br />
document security programmes have emerged. The company has 8 directors and 80 employees.<br />
Anti-<strong>Counterfeiting</strong> & Security Technologies<br />
SPECIALIZED ENTERPRISE “HOLOGRAPHY” LTD originates and produces embossed holograms with<br />
a wide range of application. Security holograms are used for protection against counterfeiting of security<br />
printed documents, sealing to prevent unauthorised access to objects and devices, protecting trade marks,<br />
decorating and promotion of the printed matter and branded goods.<br />
A variety of advanced design and origination techniques is also available.<br />
Additional Information<br />
SPECIALIZED ENTERPRISE “HOLOGRAPHY” LTD is accredited to ISO 9001 2000 quality standards.<br />
The entire holographic process is carried out in-house. To meet the standards of confidentiality and security,<br />
the company’s production facilities are equipped with security and monitoring systems in line with the world’s<br />
most strict standards.<br />
The company is the exclusive provider of security holograms for marking of audio and video products in line<br />
with a large-scale State programme against audio and video piracy.<br />
112
COUNTERTECH<br />
UNITED KINGDOM<br />
Name of Firm FIRST ONDEMAND<br />
Address 1100 Parkway<br />
Solent Business Park<br />
Fareham<br />
Hampshire PO15 7AB<br />
Telephone +44 (0)1489 611 609<br />
+44 (0)1489 611 757<br />
Fax +44 (0)1489 611 709<br />
Email sales@firstondemand.com<br />
Website www.firstondemand.com<br />
Contact Persons Chris Hay, Group Sales Director<br />
Ian Jenkins, Head of Business Resilience<br />
Minty Colquhoun, Marketing Manager<br />
Background of Firm<br />
First Ondemand ® is a security and compliance software company, specializing in on-demand authentication<br />
and verification solutions. First Ondemand has 3 Directors and 3 non-executive directors, and currently<br />
employs 20 members of staff who are all specialists in their fields.<br />
Anti-<strong>Counterfeiting</strong> & Security Technologies<br />
First Ondemand’s core application Authentisec, is a secure identity and authentication engine.<br />
It is an enabling technology, designed to integrate into new or existing processes and applications.<br />
Authentisec generates high volumes of unique and cryptographically secured identities for use by<br />
enterprise level organizations; for people, products and transactions, to help prevent fraud, counterfeiting,<br />
identity theft, and complex organized crime impacting on today’s business critical functions.<br />
These identities carry the “DNA” (the intelligence) of the item being secured (via the application of an Identity<br />
Token), and can be authenticated in real time (on demand) over IP networks. The whole process (the identity<br />
lifecycle); from token creation to network verification, is highly secure allowing ‘value’ to be attached.<br />
The carriers of these intelligent identities can be paper-based or electronic, contactless cards<br />
(e.g. Mifare cards) or chip based cards, RFID or encoded onto barcodes.<br />
First Ondemand ® is an Oracle partner and member of their Identity and Security Management Program.<br />
113<br />
COUNTERTECH
COUNTERTECH<br />
UNITED STATES OF AMERICA<br />
Name of Firm ARmark AUTHENTICATION TECHNOLOGIES LLC<br />
Address 400 Seaks Run Rd.<br />
PO Box 100<br />
Glen Rock,<br />
PA 17327<br />
Telephone +1 717 227 5923<br />
+1 717 227 5921<br />
Fax +1 717 227 2743<br />
Email gandrews@arglobal.com<br />
Website www.armark.org<br />
Contact Person(s) Greg Andrews, Market Manager<br />
Jeff Robertson, Director and General Manager<br />
Background of Firm<br />
ARmark was established in August 2005 and currently employs 8 personnel. ARmark is a wholly owned<br />
subsidiary of Adhesives Research, Inc. a global leader in adhesive technologies.<br />
Anti-<strong>Counterfeiting</strong> & Security Technologies<br />
ARmark Authentication Technologies, LLC provides custom authentication systems for use across a wide<br />
variety of brand owner applications. ARmark’s covert markers aid in brand protection, product surety and<br />
risk mitigation to fight global counterfeiting and can be combined with custom-developed delivery systems<br />
for application to a wide variety of goods including pharmaceuticals, packaging, food, apparel, currency,<br />
bonds and other secure documents.<br />
ARmark Authentication Technologies can positively impact authentication and verification of goods, manage<br />
brand theft, trademark infringement, piracy, counterfeiting and forgery.<br />
114
COUNTERTECH<br />
UNITED STATES OF AMERICA<br />
Name of Firm OPSEC SECURITY GROUP, Inc.<br />
Address 535 16th Street,<br />
Suite 920,<br />
Denver<br />
CO 80202<br />
Telephone + (303) 534 4500<br />
Fax + (303) 534 1010<br />
Email info@opsecsecurity.co.uk<br />
Website www.opsecsecurity.com<br />
Contact Person(s) Mr Mark Turnage, Chief Executive Officer<br />
Mr Andrew Mills, Managing Director<br />
Background of Firm<br />
OPSEC SECURITY GROUP, Inc, formerly Applied Optical Technologies Plc, was established in 1983 and<br />
has been listed on the UK Stock Exchange since 1984. The company has 5 directors (3 executive and 2 nonexecutive),<br />
260 employees, and two subsidiaries in the USA. AOT has a turnover in excess of £28million.<br />
Anti-<strong>Counterfeiting</strong> & Security Technologies<br />
OPSEC SECURITY LTD produce holographic OVDs (Optically Variable Devices) for application to security<br />
printed documents and packaging of branded goods.<br />
A variety of proprietary design and origination techniques - including the Multigram (the most secure form<br />
of holographic OVD) is also available.<br />
Images are manufactured as :-<br />
• Hot stamping foil<br />
• Tamper evident label stock<br />
• Semi-transparent laminates<br />
• Laminating film<br />
• Transfer film<br />
The latter two are converted to holographic thread (for banknotes), lidding foils (eg for blisterpacks),<br />
tear tapes and overwraps.<br />
Additional Information<br />
OPSEC SECURITY GROUP, Inc is accredited to ISO 9002.<br />
Apacs - Approved Manufacturing Facilities.<br />
The entire holographic process (including production of base materials) is carried out in-house.<br />
ECB (Euro Central Bank) accredited supplier for the Euro.<br />
115<br />
COUNTERTECH
COUNTERTECH<br />
116
COUNTERSEARCH<br />
SECTION 3<br />
COUNTERSEARCH<br />
117<br />
COUNTERSEARCH
COUNTERSEARCH<br />
INDEX<br />
INVESTIGATION COMPANIES BY COUNTRY<br />
COUNTRY NAME OF COMPANY Page No<br />
NETHERLANDS Goorts Investiation & Consultancy 119<br />
PAKISTAN Corporate Research & Investigations (PVT) Ltd 121<br />
SAUDI ARABIA Hemaya Universal 122<br />
TURKEY Esfor Security Consulting 124<br />
118
COUNTERSEARCH<br />
NETHERLANDS<br />
Name of Firm GOORTS INVESTIGATION & CONSULTANCY<br />
Address Steenovenweg 3<br />
5708 HN Helmond<br />
The Netherlands<br />
Mailing Address P O Box 125<br />
5700 AC Helmond<br />
The Netherlands<br />
Telephone +0031 492 559119<br />
Fax +0031 492 558802<br />
Email info@goorts-ocb.nl<br />
Website www.goorts-ocb.nl<br />
Contact(s) A.J.G.M. (Toine) Goorts<br />
Managing Director<br />
Background of Company<br />
Company was founded in 2005. The founder, Toine Goorts, worked for 20 years as an officer with the Dutch<br />
(Military) Police. Mr Goorts studied at the Military Police training centre in The Netherlands and also finished<br />
the exam for certified Police officer. He also holds the degree of Substitute Public Prosecutor.<br />
His duties:<br />
· Investigator<br />
· Surveillance officer / team leader<br />
· Officer with the CP team for Military VIP and Royal Family<br />
These duties he performed in several countries in and outside of Europe. From 1999 until 2006 he worked<br />
as a private investigator in cases of Insurance and Company Fraud. He also investigated a great number of<br />
Counterfeit matters over the last 3 years.<br />
Details of Types of Investigations Carried Out<br />
- Counterfeit / Grey Market investigations. (Main business)<br />
- Background / Due diligence investigations<br />
- Fraud investigations (Insurance – corporate)<br />
- (Covert) surveillance operations (National and International)<br />
- Close Protection<br />
Because of Privacy references only will be given when strictly necessary.<br />
Additional information<br />
The company is expanding its network rapidly. We can operate in Europe, Asia and Emerging Markets and<br />
have the means to investigate Counterfeit and Grey Market cases in those area’s on short notice.<br />
Information will be available in the English, German and French language if necessary.<br />
The website will be renewed as from 1 December 2006 and will be available in the Dutch, English and French<br />
language.<br />
119<br />
COUNTERSEARCH
COUNTERSEARCH<br />
120
COUNTERSEARCH<br />
PAKISTAN<br />
Name of Firm CORPORATE RESEARCH & INVESTIGATIONS<br />
(PVT) Ltd<br />
Address Suite No 7 & 9<br />
First Floor, Plot 24, Executive Centre<br />
1-8 Markaz,<br />
Islamabad<br />
Telephone +92 51 486 1255<br />
+92 51 443 1350<br />
Fax +92 51 486 1275<br />
Email info@corporateresearchs.com<br />
Website www.corporateresearchs.com<br />
Contact Person(s) Zafar I Anjum CFE<br />
Background of Company<br />
Corporate Research and Investigations (CRI) is a group of company’s having its head office in Islamabad,<br />
Pakistan. CRI was established in May 2001, and has experienced a rapid growth by developing a wellconnected<br />
network of operatives in all strategic locations across Pakistan. Corporate Research aims<br />
to assist companies and individuals affected by economic crime.<br />
Details of Types of Investigations Carried Out<br />
Fraud and White Collar Crime, Corporate Crime, Corporate Security, Integrity/Due Diligence, Background<br />
Investigations, Intellectual Property Infringement, Insurance Fraud, and Asset Searching.<br />
Clients<br />
• Banks and Financial Institutions<br />
• Business Credit and Finance<br />
• Commercial Investment Comp<br />
• Asset Based Lenders<br />
• Commercial Real Asset Lenders<br />
• Debt Financing<br />
• Acquisition Capital<br />
• Investment Banks and Brokerage Firms<br />
• Assets and Money Managers Private Investors and Financial Institutions<br />
• Takeover Firms<br />
• Major Law / Accounting Firms<br />
• Int’l and National Govt. Agencies<br />
• Regulatory Agencies<br />
• Local Agencies<br />
121<br />
COUNTERSEARCH
COUNTERSEARCH<br />
SAUDI ARABIA<br />
Name of Firm HEMAYA UNIVERSAL<br />
Address Arabian Business Center<br />
1 st Floor Office No 105-106<br />
Waly-Al-Ahd Street<br />
Jeddah<br />
Mailing Address P O Box 32384<br />
Jeddah 21428<br />
Telephone +966 (2) 6524242<br />
Fax +966 (2) 6528282<br />
Email info@hemayauniversal.com<br />
Website www.hemayauniversal.com<br />
Contact(s) Mr Ahmed Suleiman Al-Zubeidi<br />
President and CEO<br />
Mr Nayab Gohar<br />
Business Development Director<br />
Other Offices Riyadh, Saudi Arabia<br />
Dammam, Saudi Arabia<br />
Dubai, UAE<br />
Background of Company<br />
HEMAYA UNIVERSAL is a service provider specialised in fighting the faking of branded products<br />
(counterfeiting) and products protected by copyrights and related rights (piracy) in the Middle East.<br />
The company was formed in March 2004. The company has four directors, four consultants and advisers<br />
and a total of 52 employees.<br />
Details of Types of Investigations Carried Out<br />
The company is able to offer its services in various ways that allow clients to choose their preferred benefits.<br />
HEYAMAYA UNIVERSAL will satisfy the member company’s anti-counterfeit requirements. This begins with<br />
a complete understanding of the member’s market position, objectives and constraints. We then represent<br />
the members through a power of attorney with all the appropriate governmental institutions in order to carry<br />
out the necessary actions. This service is offered only on a contractual basis.<br />
The firm conducts market research and analysis among its members to help them understand the dynamics<br />
of the counterfeit market.<br />
The firm has been conducting systematic investigation to the market for the member on a continuous basis,<br />
eg routine test purchases from offenders, intelligence gathering about sources of counterfeit goods, such as<br />
manufacturing and reproduction, redistribution, duplication cells, storage areas and supply chains within the<br />
country.<br />
Coordination for effective raids based on the results of the Hemaya investigations and obtains all requisite<br />
approvals from the authorities to make sure all facets of counterfeit operations are covered. This service<br />
covers all possible channels such as retail outlets, warehouses, ports, airports, borders and factories.<br />
122
COUNTERSEARCH<br />
The company provides legal assistance through its legal associates in order to file accurate police and fine<br />
reports against the counterfeiters and pirates and to get Hemaya members proper compensation. We offer<br />
continuous cooperation with the authorities to help ensure application of a deterrent penalty. Hemaya also<br />
registers and protects the trade marks and logos of the members.<br />
Hemaya has conducted training seminars for enforcement officials to provide them with the skills and<br />
knowledge to intercept infringing products and prosecute those responsible.<br />
Hemaya conducted public awareness campaigns throughout the region in collaboration with its members<br />
for customers and government offices.<br />
Illegal counterfeit products were destroyed.<br />
Hemaya has also provided services to its members regionally (Middle East) support with the cooperation<br />
of the authorities in those countries.<br />
Clients<br />
• Procter and Gamble, Saudi Arabia<br />
• Sony<br />
• Ocarina<br />
• Balubaid Oil<br />
• Balubaid Motors (GM, Subaru, Peugeot and Daihatsu)<br />
123<br />
COUNTERSEARCH
COUNTERSEARCH<br />
TURKEY<br />
Name of Firm ESFOR SECURITY CONSULTING<br />
Address Bayar Cad. S.M.F. Ongul Sok.No: 3<br />
Bagdatlioglu Plaza Kat: 8<br />
34742 Kozyatagi<br />
Istanbul - Turkey<br />
Telephone +90 (216) 464 0200<br />
Fax +90 (216) 464 0208<br />
Email s4@esfor.com.tr<br />
Website www.esfor.com.tr<br />
Contact(s) Mr. Cengiz GUMUSTUS<br />
Background of Company<br />
Established in March 2001, Esfor is among one of the leading professional investigative companies in Turkey.<br />
Led by Mr. Cengiz Gumustus, formerly with the Turkish National Police and Interpol, the Esfor team consists<br />
of three Directors and 22 employees from various backgrounds to include law enforcement (i.e. police,<br />
military, customs), investigation, economics, business administration, tourism, event management,<br />
information technologies and finance. Mr. Cengiz Gumustus is currently the chairman for the Turkish<br />
Chapter of ASIS International.<br />
Although located in Istanbul, Esfor has a strong network of local contacts throughout Turkey. Our clients<br />
consist of mainly multinational corporations, some of which are among the Fortune 500. We also work<br />
with many of the local prestigious law firms and cooperate with foreign security consulting or investigative<br />
firms.(References may be supplied upon request)<br />
Details of Types of Investigations Carried Out<br />
Our focus is on brand protection and the enforcement of intellectual property rights. We conduct investigations,<br />
market surveys including test purchases and gather intelligence on Counterfeit (CF) product usage and<br />
availability. We also carry out patent and trademark violation investigations and forensic examination of CF<br />
product packaging materials.<br />
Esfor has conducted training seminars for local law enforcement agencies on behalf of its clients to raise<br />
awareness of the counterfeiting problems faced and to provide knowledge on how to recognize and intercept<br />
infringing products.<br />
In addition to the above services we also provide fraud and corporate intelligence investigation services,<br />
due-diligence, pre-employment screening, asset tracing, supplier vetting, litigation support, security training,<br />
comprehensive IT incident investigations, computer & network forensics and electronic evidence recovery.<br />
124
COUNTERFEITING - GENERAL INFORMATION<br />
SECTION 4<br />
GENERAL INFORMATION<br />
INDEX<br />
125<br />
Page No<br />
1. USEFUL CONTACTS 126<br />
International anti-counterfeiting organisations<br />
Organisations providing anti-counterfeiting services,<br />
conferences and publications.<br />
National anti-counterfeiting organisations<br />
Other organisations involved in anti-counterfeiting<br />
2. COUNTERFEITING MILESTONES 137<br />
3. CLOSE UP 143<br />
A collection of recent articles reflecting current<br />
counterfeiting and IP rights issues and concerns
COUNTERFEITING - GENERAL INFORMATION<br />
ANTI-COUNTERFEITING<br />
INTERNATIONAL ORGANISATIONS<br />
BUSINESS SOFTWARE ALLIANCE 1150 18 th Street NW<br />
Suite 700<br />
Washington DC 20036<br />
UNITED STATES OF AMERICA<br />
Tel: +1 202 872 5500<br />
Fax: +1 202 872 5501<br />
Email:software@bsa.org<br />
Website: www.bsa.org<br />
COALITION FOR INTERNATIONAL Peter B Necarsulmer<br />
PROPRTY RIGHTS (CIPR) President CIPR<br />
Chairman & CEO<br />
The PBN Company<br />
3 Uspensky Perulok<br />
Building 4<br />
Moscow 127006<br />
RUSSIA<br />
Tel: +7 095 775 0077<br />
Fax: +7 095 775 0075<br />
Email:peter.necarsulmer@cipr.org<br />
Website: www.cipr.org<br />
EUROPEAN BRANDS ASSOCIATION AIM 9 Avenue des Gaulois<br />
Brussels 1040<br />
BELGIUM<br />
Tel: +32 2 736 0305<br />
Fax: +32 2 734 6702<br />
Email:marie.pattulo@aim.be<br />
Website: www.aim.be<br />
FEDERATION INTERNATIONALE DES 9 Rue de L’Echelle<br />
ASSOCIATIONS DE PRODUCTEURS 75001 Paris<br />
DE FILMS (FIAPF) FRANCE<br />
Tel: +33 1 4477 9750<br />
Fax: +33 1 4477 9755<br />
Email:info@fiapf.org<br />
Website: www.fiapf<br />
GLOBAL ANTI-COUNTERFEITING GROUP 16 rue de la Faisanderie<br />
75116 Paris<br />
FRANCE<br />
Tel: +33 1 5626 1400<br />
Fax: +33 1 5626 1401<br />
Chairman: John Anderson<br />
Email: janderson.gacg@btinternet.com<br />
Website: www.gacg.org<br />
(THE) GLOBAL BUSINESS LEADERS NORTH AMERICA<br />
ALLIANCE AGAINST Tel: +1 905 726 3438<br />
COUNTERFEITING (GBLAAC) Cell: +1 416 893 8772<br />
Contact: Joe Clark<br />
Email:joseph.clark@the-acc.com<br />
126
COUNTERFEITING - GENERAL INFORMATION<br />
ANTI-COUNTERFEITING<br />
INTERNATIONAL ORGANISATIONS<br />
ICC-COUNTERFEITING Cinnabar Wharf<br />
INTELLIGENCE BUREAU 26 Wapping High Street<br />
London E1W 1NG<br />
UNITED KINGDOM<br />
Tel: +44 20 7423 6960<br />
Fax: +44 20 7423 6961<br />
Email:cib@icc-ccs.org<br />
Website: www.icc-ccs.org<br />
IMAGING SUPPLIES COALITION MBN 249<br />
1435E Venice Ave<br />
# 104 Venice<br />
FL 34292 USA<br />
Tel: +941 261 7879<br />
Email:info@isc-inc.org<br />
Website: www.isc-inc.org<br />
INTERNATIONAL FEDERATION OF 10 Picadilly<br />
THE PHONOGRAPHIC INDUSTRY (IFPI) London<br />
W1Y 0DD<br />
UNITED KINGDOM<br />
Tel: +44 20 7878 7900<br />
Fax: +44 20 7878 7950<br />
Email:info@ifpi.org<br />
Website: www.ifpi.org<br />
INTERNATIONAL HOLOGRAM 2A High Street<br />
MANUFACTURERS ASSOCIATION (IHMA) Shepperton<br />
TW17 9AW<br />
UK<br />
Tel: +44 (0) 1932 269917<br />
Fax: +44 (0) 1932 269918<br />
Email:info@IHMA.org<br />
Website: www.IHMA.org<br />
INTERPOL 200 quai Charles de Gaulle<br />
69006 Lyon<br />
FRANCE<br />
Tel: +33 4 7244 7000<br />
Fax: +33 4 7244 7163<br />
Website: www.interpol.int<br />
WORLD CUSTOMS ORGANIZATION (WCO) Rue du Marche 30<br />
1210 Brussels<br />
BELGIUM<br />
Tel: +32 2 209 9211<br />
Fax: +32 2 209 9292<br />
Website: www.wcoomd.org<br />
127
COUNTERFEITING - GENERAL INFORMATION<br />
ANTI-COUNTERFEITING<br />
INTERNATIONAL ORGANISATIONS<br />
WORLD INTELLECTUAL 34 Chemin des Colombettes<br />
PROPERTY ORGANIZATION (WIPO) 1211 Geneva 20<br />
SWITZERLAND<br />
Tel: +41 22 338 9111<br />
Fax: +41 22 338 8830<br />
Website: www.wipo.int<br />
WORLD TRADE ORGANIZATION (WTO) Centre William Rappard<br />
Rue de Lausanne 154<br />
1211 Geneva 21<br />
SWITZERLAND<br />
Tel: +41 22 739 5115<br />
Fax: +41 22 739 5790<br />
Website: www.wto.org<br />
128
COUNTERFEITING - GENERAL INFORMATION<br />
ORGANISATIONS PROVIDING CONSULTANCY<br />
SERVICES, CONFERENCES AND PUBLICATIONS<br />
IN THE ANTI-COUNTERFEITING FIELD<br />
AXESS TECHNOLOGIES LTD<br />
Suite 5<br />
Kestrel House<br />
Mill Street<br />
Trowbridge<br />
BA14 8BE Strategic and technical consultancy<br />
UNITED KINGDOM and provider of Axess DATA service<br />
Tel: +44 (0) 1225 776075<br />
Fax: +44 (0) 1225 776082<br />
Contact: Richard Jotcham<br />
Email: rjotcham@axesstechnologies.com<br />
Website: www.axesstechnologies.com<br />
RECONNAISSANCE INTERNATIONAL<br />
2A High Street<br />
Shepperton Publishers of Authentication<br />
TW17 9AW News and Holography News,<br />
UNITED KINGDOM Consultancy Services,<br />
Tel: +44 (0) 1932 269917 Conferences<br />
Fax: +44 (0) 1932 269918<br />
Contact: Ian Lancaster<br />
Email: Ian.Lancaster@reconnaissance-intl.com<br />
Website: www.reconnaissance-intl.com<br />
RECONNAISSANCE INTERNATIONAL<br />
c/o Reconnaissance International Consulting Inc<br />
PMB 226<br />
2149 West Cascade, Suite 106A<br />
Hood River<br />
Oregon 97031<br />
UNITED STATES OF AMERICA<br />
Tel: +1 541490 7920<br />
Fax: +1 541 386 1654 (“pmb 226”)<br />
Contact: Ed Dietrich<br />
Email: edietrich@Reconnaissance.Intl.com<br />
PRODUCT & IMAGE SECURITY FOUNDATION LTD<br />
81 Houting<br />
Dosthill<br />
Tamworth Conferences, Publishers of<br />
Staffordshire B77 1PB Product Image Security.<br />
UNITED KINGDOM Consultancy Services<br />
Tel/Fax:+44 1827 281143<br />
Contact: Jeremy Plimmer<br />
Email: jeremyplimmer@aol.com<br />
Website: www.worldwidesecurityexchange.com<br />
PIRA INTERNATIONAL<br />
Pira House, Cleeve Road<br />
Leatherhead Conferences, publishers<br />
Surrey KT22 7RU Consultancy Services<br />
UNITED KINGDOM<br />
Tel: +44 (0) 1372 802290<br />
Fax: +44 (0) 1372 802243<br />
Contact: Anthony Parker, Philip Swinden<br />
Email: AnthonyP@pira.co.uk<br />
Website: piranet.com<br />
129
COUNTERFEITING - GENERAL INFORMATION<br />
ANTI-COUNTERFEITING<br />
NATIONAL ORGANISATIONS<br />
BELGIUM Rue Montoyer 24<br />
Belgian Anti-Piracy Federation 1000 Brussels<br />
Tel: +32 2 463 15 10<br />
Fax: +32 2 463 14 81<br />
Email: kg1530@glo.be<br />
Website: www.anti-piracy.de<br />
CHINA Room 416-429<br />
China Anti-<strong>Counterfeiting</strong> WanCheng Building<br />
Technology Association (CATA) 19 Jingouhe Road<br />
Haidian District<br />
Beijing<br />
Contact: Mr Li Huang Tel: +86 10681 188952/166028<br />
Fax: +86 10681 166028/169922<br />
Email: fwexpo@163.com<br />
DENMARK C/o Plesner Svane Grønborg<br />
Danish Anti-<strong>Counterfeiting</strong> Group Advokatfirma<br />
Amerika Plads 37<br />
2100 København Ø<br />
Tel: +45 33 12 11 33<br />
Fax: +45 33 12 00 14<br />
Email: plesner@plesner.com<br />
Website: www.plesner.com<br />
FINLAND C/o Benjon Oy<br />
Finnish Anti-<strong>Counterfeiting</strong> Group Fredrikinkatu 55 A6<br />
P O Box 671<br />
F-00101 Helsinki<br />
Tel: +358 9 565 7940<br />
Fax: +358 9 685 4944<br />
Email: henrik.afursin@benjon.fi<br />
Website: www.benjon.fi<br />
www.facg.net<br />
FRANCE 2 bis, rue de la Baume<br />
Comite Colbert 75008 Paris<br />
Tel: +33 1 538 90760<br />
Fax: +33 1 538 90761<br />
Email: info@comitecolbert.com<br />
Website: www.comitecolbert.com<br />
FRANCE 16 Rue de la Faisanderie<br />
Union des Fabricants 75116 Paris<br />
Tel: 01 56 26 14 03<br />
Fax: 01 56 26 14 01<br />
Email: info@unifab.com<br />
Website: www.unifab.com<br />
130
COUNTERFEITING - GENERAL INFORMATION<br />
ANTI-COUNTERFEITING<br />
NATIONAL ORGANISATIONS<br />
GERMANY Breite Strasse 29<br />
APM/REACT 10178 Berlin<br />
Tel: +49 30 2 03 08 27 19<br />
Fax: +49 30 2 03 08 27 18<br />
Or: +49 30 2 03 08 5 27 17<br />
Email: apm@berlin.dihk.de<br />
Website: www.markenpiraterie-apm.de<br />
131<br />
Tel: +49 30 2 03 08 27 05<br />
Fax: +49 30 2 03 08 27 77<br />
Email: moeller.doris@berlin.dihk.de<br />
GERMANY Rückertstrasse 1<br />
German Anti-<strong>Counterfeiting</strong> Association (VBP) 80336 Munchen<br />
Tel: +49 89 599 185 30<br />
Fax: +49 89 599 185 33<br />
Email: info@vbp.org<br />
Website: www.vbp.org<br />
ITALY Via Serbelloni 5<br />
Indicam 20122 Milan<br />
Tel: +39 02 7601 4174<br />
Fax: +39 02 7601 4314<br />
Email: info@indicam.it<br />
Website: www.indicam.it<br />
JORDAN C/o Abu Ghazaleh Intellectual Property<br />
Arab Society for Intellectual Property (ASIP) P O Box 921100<br />
Amman 11192<br />
Tel: +962 6 5100900 Ext: 2140<br />
Fax: +962 6 5677822<br />
Email: info@aspip.org<br />
Website: www.aspip.org<br />
NETHERLANDS Alpen Rondweg 102<br />
Stichting Namaakbestrijding 1186EA Amstelveen<br />
SNB/REACT Tel: +31 20 640 6363<br />
Fax: +31 20 640 6216<br />
NORWAY C/o Onsagers Patent Kontor<br />
Norwegian Anti-<strong>Counterfeiting</strong> Group Box 265 Sentrum<br />
N-0103 Oslo<br />
Tel: +47 2332 7700<br />
Fax: +47 2332 7701<br />
Email: brit.alstad@onsagers.no<br />
PAKISTAN 305 Amber Estate, KCHS 7&8<br />
Anti-<strong>Counterfeiting</strong> Group Shahrah-e-Faisal<br />
Karachi 75350<br />
Tel: +92 21 453 3665<br />
Fax: +92 21 454 9272<br />
Email: trademarks@pakistanlaw.com
COUNTERFEITING - GENERAL INFORMATION<br />
ANTI-COUNTERFEITING<br />
NATIONAL ORGANISATIONS<br />
SPAIN Consejo Superior de Cámaras de Comercio<br />
Asociacion Nacional para la Industria y Navegación de España<br />
Defensa de la Marca (ANDEMA) Ribera del Loira 12<br />
28042 Madrid<br />
Tel: +34 91 590 6939<br />
Fax: +34 91 590 6908<br />
Email: andema@cscamaras.es<br />
SWEDEN C/o Grunen & Gozzo Adovkater<br />
Swedish Anti-<strong>Counterfeiting</strong> Group Box 35019<br />
S-400 24 Gothenburg<br />
Tel: +46 31 194 110<br />
Fax: +46 31 191 565<br />
Email: soderlundlaw@telia.com<br />
Website: www.sacg.org<br />
UNITED KINGDOM P O Box 578<br />
Anti-<strong>Counterfeiting</strong> Group High Wycombe<br />
Buckinghamshire<br />
HP11 1YD<br />
Tel: +44 (0)1494 449165<br />
Fax: +44 (0)1494 465052<br />
Director General: Ruth Orchard<br />
Email: info@a-cg.com<br />
Website: www.a-cg.com<br />
UNITED STATES OF AMERICA 1730 M Street NW<br />
The International Anti-<strong>Counterfeiting</strong> Suite 1020<br />
Coalition Inc (IACC) Washington DC 20036<br />
Tel: +1 202 223 6667<br />
Fax: +1 202 223 6668<br />
Email: nils.montan@iacc.org<br />
Website: www.iacc.org<br />
132
COUNTERFEITING - GENERAL INFORMATION<br />
OTHER ORGANISATIONS AND FIRMS<br />
INVOLVED IN ANTI-COUNTERFEITING<br />
CHINA QUALITY BRANDS PROTECTION<br />
COMMITTEE (CHINA)<br />
APCO WORLDWIDE INC<br />
Beijing Representative Office<br />
2005 China World Tower 2<br />
1 Jianguomenwai Avenue<br />
Beijing 10004<br />
PR CHINA<br />
Tel: +86 10 6505 5127<br />
Fax: +86 10 6505 5257<br />
Email: QBPC@apcochina.com<br />
Website: www.QBPC.org.cn<br />
THE NETHERLANDS FIOD-ECD/kantoor Schiphol<br />
Team Opsporing Piraterij<br />
Postbus 75737<br />
1118 ZT Schiphol-Centrum<br />
Tel: +31 20 405 73 00<br />
Fax: +31 20 405 72 72<br />
Email: top50@tiscali.nl<br />
133<br />
STICHTING BREIN<br />
Postbus 3080<br />
2130 Hoofddorp<br />
Tel: +31 23 799 7870<br />
Fax: +31 23 799 7720<br />
Website: www.brein.linfo<br />
JAPAN JAPAN TARIFF ASSOCIATION<br />
Customs IP Information Centre Jibiki No 2 Building<br />
(CIPIC) 4-7-8 Kojimachi Chiyoda-Ku,<br />
Tokyo 102-0083<br />
Tel: +81 3 5275 5511<br />
Fax: +81 3 5275 105<br />
Email: cipic@kanzei.or.jp<br />
UNITED KINGDOM ALLIANCE AGAINST IP THEFT<br />
167 Wardour Street<br />
LONDON W1W 8WL<br />
Tel: +44 (0)20 7434 0595<br />
Fax: +44 (0)20 7434 0581<br />
Email: info@allianceagainstiptheft.co.uk<br />
Website: www.allianceagainstiptheft.co.uk<br />
ASSOCIATION FOR BIOMETRICS<br />
C/o CRL<br />
Dowley Road<br />
HAYES<br />
Middlesex, UB3 1HH<br />
Tel: +44 (0)20 8848 6617<br />
Fax: +44 (0)20 8848 6677
COUNTERFEITING - GENERAL INFORMATION<br />
OTHER ORGANISATIONS AND FIRMS<br />
INVOLVED IN ANTI-COUNTERFEITING<br />
UNITED KINGDOM ANTI COPYING IN DESIGN (ACID)<br />
Adelaide House<br />
London Bridge<br />
LONDON EC4R 9HA<br />
Tel: +44 (0) 845 644 3617<br />
Fax: +44 (0) 845 644 3618<br />
Contact: Annette Howard<br />
Email: help@acid.uk.com<br />
Website: www.acid.uk.com<br />
134<br />
BRITISH COPYRIGHT COUNCIL (THE)<br />
Copyright House<br />
29-33 Berners Street<br />
LONDON W1T 3AB<br />
Tel: +44 (0)1986 788 122<br />
Fax: +44 (0)1986 788 847<br />
Email: secretary@britishcopyright.org<br />
Website: www.britishcopyright.org<br />
BUSINESS SOFTWARE ALLIANCE [BSA]<br />
2 Queen Anne’s Gate Buildings<br />
Dartmouth Street<br />
LONDON SW1H 9BP<br />
Tel: +44 (0)20 7340 6080<br />
Fax: +44 (0)20 7340 6090<br />
Email:infouk@bsa.org<br />
Website: www.bsa.org<br />
CUSTOMS AND EXCISE<br />
National Advice Service<br />
Tel: +44 (0) 845 0109000<br />
Website: www.hmsc.gov.uk<br />
FEDERATION AGAINST COPYRIGHT<br />
THEFT (FACT)<br />
7 Victory Business Centre<br />
Worton Road<br />
Isleworth<br />
Middlesex<br />
TW7 6DB<br />
Tel: +44 (0)20 8568 6646<br />
Fax: +44 (0)20 8560 6364<br />
Email: contact@fact-uk.org.uk<br />
Website: www.fact-uk.org.uk
COUNTERFEITING - GENERAL INFORMATION<br />
OTHER ORGANISATIONS AND FIRMS<br />
INVOLVED IN ANTI-COUNTERFEITING<br />
135<br />
FEDERATION AGAINST<br />
SOFTWARE THEFT (FAST)<br />
York House<br />
18 York Road<br />
Maidenhead<br />
Berkshire<br />
SL6 1SF<br />
Tel: +44 (0)1628 622121<br />
Fax: +44 (0)1628 760358<br />
Email: info@fast.org<br />
Website:www.fast.org.uk<br />
INSTITUTE OF TRADE MARK ATTORNEYS<br />
Canterbury House<br />
2-6 Sydenham Road<br />
Croydon<br />
Surrey<br />
CR0 9XE<br />
Tel: +44 (0)20 8686 2052<br />
Fax: +44 (0)20 8680 5723<br />
Email: tm@itma.org.uk<br />
Website: www.itma.org.uk<br />
TRADING STANDARDS INSTITUTE<br />
First Floor<br />
1 Sylvan Court<br />
Sylvan Way<br />
Southfields Business Park<br />
Basildon<br />
SS15 6TH<br />
Tel: +44 (0)870 872 9000<br />
Fax: +44 (0)870 872 9025<br />
Email: institute@tsi.org.uk<br />
Website: www.tsi.org.uk<br />
MARQUES THE ASSOCIATION OF<br />
EUROPEAN TRADE MARK OWNERS<br />
840 Melton Road<br />
Thurmaston<br />
Leicestershire<br />
LE4 8BN<br />
Tel: +44 (0)116 264 0080<br />
Fax: +44 (0)116 264 0141<br />
Email: info@marques.org<br />
Website: www.marques.org<br />
REACT UK LTD<br />
P O Box 578<br />
High Wycombe<br />
Buckinghamshire<br />
HP11 1YD<br />
Tel: +44 (0)1494 449192<br />
Fax: +44 (0)1494 465052<br />
Email: enquiries@react.uk.net
COUNTERFEITING - GENERAL INFORMATION<br />
OTHER ORGANISATIONS AND FIRMS<br />
INVOLVED IN ANTI-COUNTERFEITING<br />
UNITED STATES OF AMERICA INTERNATIONAL INTELLECTUAL<br />
PROPERTY ALLIANCE (IIPA)<br />
1747 Pennsylvania Avenue NW<br />
Suite 825<br />
Washington DC 20006-4637<br />
Tel: +1 202 833 4198<br />
Fax: +1 202 872 0546<br />
Email: info@iipa.com<br />
Website: www.iipa.com<br />
136<br />
INTERNATIONAL TRADEMARK<br />
ASSOCIATION<br />
665 Third Avenue,<br />
10th Floor<br />
New York<br />
NY 10017-5617<br />
Tel: +1 212 642 1700<br />
Fax: +1 212 768 7796<br />
Email: info@inta.org<br />
Website: www.inta.org<br />
PHARMACEUTICAL SECURITY<br />
INSTITUTE<br />
8100 Boone Boulevard<br />
Suite 220<br />
Vienna<br />
Virginia 22182<br />
Tel: +1 703 848 0160<br />
Fax: +1 703 848 0164<br />
Email: psi@psi-inc.org<br />
Website: www.psi-inc.org<br />
SMART CARD INDUSTRY<br />
ASSOCIATION<br />
191 Clarksville Road<br />
Princeton Junction<br />
NJ 08550<br />
Tel: +1 609 7995654<br />
Fax: +1 609 7997032
COUNTERFEITING - GENERAL INFORMATION<br />
COUNTERFEITING MILESTONES OVER THE PAST 25 YEARS<br />
� In 1976, fake transistors are discovered in the US Space Shuttle programme.<br />
� In 1977, US Federal Aviation Administration discovers fake fire detection and<br />
control systems in the flight decks of over 100 Boeing 737 aircraft.<br />
� In 1978, heart pumps are recalled by the US Food and Drug Administration from<br />
266 hospitals throughout the country after the discovery of fake valves.<br />
� In 1978, counterfeit parts discovered in the US Army’s “Lance” and “Chapparral!<br />
Guided missile systems.<br />
� In 1979, Kenya’s coffee crop is decimated after fake “Chevron” insecticide<br />
is applied to it.<br />
� In the early 1980’s, more than one million fake birth control pills were distributed<br />
throughout the world resulting in unwanted pregnancies.<br />
� In 1980, an ill fated attempt to rescue US hostages in Iran is believed to have<br />
failed due to fake parts in rescue helicopters.<br />
� In 1982, FBI agents seize fake “Qualude” pharmaceuticals worth US$5 million in<br />
a factory in Florida.<br />
� In 1987, US investigators discover fake parts to have been installed in more than<br />
600 helicopters in service with NATO forces.<br />
� In 1989, Norwegian Convair 580 aircraft crashes whilst enroute from Norway to<br />
Germany. Fifty-five passengers and crew die. Crash later found to have been<br />
caused by a fake bolt in the tailplane assembly.<br />
� In 1990, one hundred and nine children die in Nigeria after taking a fatal<br />
pharmaceutical preparation containing paracetamol and an industrial solvent.<br />
� In 1994, Blue Horizon washing powder was counterfeited in the UK. The<br />
counterfeit contained caustic soda which burned the hands of those who used it<br />
� In 1993 following the bombing of the World Trade Centre in New York, the FBI<br />
established links between 20 alleged counterfeiters and Sheikh Omar Abdul<br />
Rahman who, along with others, was convicted of the offence. It is believed that<br />
the sale of counterfeit clothing was used to finance the operation.<br />
� In 1996 more than 3,000 deaths are believed to have resulted from a fake<br />
meningitis vaccine distributed in Niger.<br />
� In 1997, five counterfeiters were executed in China after being found guilty of<br />
producing and selling a fake liquor which caused 36 deaths in Huize County,<br />
Yunnan Province in the south west part of the country.<br />
137
COUNTERFEITING - GENERAL INFORMATION<br />
COUNTERFEITING MILESTONES OVER THE PAST 25 YEARS<br />
� In 1997, criminal proceedings brought against a supplier of counterfeit blades<br />
involved in a helicopter crash in New Zealand.<br />
� In 1998, a growing number of child workers involved in counterfeiting in Italy.<br />
� In 1998, 27 people die and 200 are hospitalised in China’s Shanxi Province after<br />
consuming counterfeit alcohol containing a high methanol content.<br />
� In 1998, two businessmen pleaded guilty to selling fake aviation parts to the Boeing<br />
Company.<br />
� In 1998, MacGregor, a leading marine equipment manufacturer, renowned for its<br />
hatch systems on cargo vessels, issues a warning over the dangers of using<br />
unauthorised spares, which it says could represent a threat to the lives of<br />
seafarers.<br />
� In 1999, the Malawi Pharmacy Medicines and Poisons Board issues a warning<br />
that the country is being flooded by fake medicines.<br />
� In 1999, law enforcement officers in Indonesia seize millions of counterfeit<br />
painkillers and anti-impotence drugs in a raid on a warehouse in the Sunter<br />
sub-district of North Jakarta.<br />
� In 1999, diseased pig meat was used in counterfeit cans of pork luncheon meat<br />
in China.<br />
� In 2000, the Federation of Automotive Products Manufacturers of Australia warns<br />
of the increasing prevalence of counterfeit car wheels, with the incidence of<br />
sub-standard wheels falling off new cars or cracking at the rim, becoming more<br />
common.<br />
� In 2000, a counterfeit gas cylinder killed two people and injured six when it fell<br />
and burst open in the courtyard of a house of Ghaziabad, India.<br />
� In 2000, body-builders and others buying steroids on the black market in<br />
Australia were sold repackaged livestock steroids as human steroids.<br />
� In 2000, dozens of people die in Cambodia through taking ineffective, fake<br />
malaria medicines. The fake drugs were being sold as Mefloquine and Artesunate.<br />
� In 2000, law enforcement in Zambia seize fake shampoo containing acid.<br />
� In 2000, farmers in the Plateau State, Nigeria, hit by a fake fertilizer scam<br />
that caused crops to wither.<br />
138
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COUNTERFEITING - GENERAL INFORMATION<br />
COUNTERFEITING MILESTONES OVER THE PAST 25 YEARS<br />
2000, the five conspirators behind Britain’s biggest counterfeit food racket were<br />
given sentences ranging from seven to three years. Between 1993 and 1996 huge<br />
quantities of poultry unfit for human consumption was sold nationwide to<br />
unsuspecting butchers, restaurants and other retailers.<br />
2001, in Thailand a banned substance was discovered in fake acne cream being<br />
sold under the brand names Stong and Panjoice. The cream contained the<br />
prohibited chemical hydroquinone, which can cause numerous serious side<br />
effects. The cream was being manufactured in a five-storey shop/house in<br />
the Bang Kholaem district of Bangkok.<br />
2001, counterfeits of the AIDS treatment Serostim were discovered circulating in<br />
California, Ohio, Kentucky, Michigan, New Jersey, Florida and Missouri. Two other<br />
medicines on sale in the US were also found to have been counterfeited: Nutropin<br />
AQ (somatropin) and Neupogen.<br />
2001, in India, a drug used to fight antibodies in Rh-D negative mothers is<br />
counterfeited. The drug is used immediately after childbirth in cases where the<br />
newborn’s blood group is Rh positive and may pass into maternal blood.<br />
2001, around 308 tons of toxic, counterfeit rice was seized in South China’s<br />
Guangdong Province. Processed from mouldy rice, the counterfeit rice had been<br />
bleached, polished and had mineral oil and other substances added. It contained<br />
excessive levels of the carcinogen aflatoxin B1.<br />
2001, at least 60 people die in Estonia after drinking illicit vodka. The vodka<br />
contained poisonous methyl alcohol and was sold in refilled half-litre plastic bottles<br />
in the seaside resort of Parnu, which is about 125km from Tallinn.<br />
In 2002, Italian police smashed a counterfeit airline parts ring that used falsified<br />
papers to sell substandard parts. Among the thousands of counterfeit parts that<br />
the ring attempted to sell as airworthy were an air data computer, accompanied by<br />
documents falsely stating its efficiency, and an unreliable fuel gauge. Many of the<br />
substandard parts were bought from a Sicilian scrap yard and had undergone<br />
cosmetic changes in order to dupe airlines.<br />
In 2002, counterfeit drugs worth Rs one crore were seized from premises in<br />
Jagatpuri in east Delhi, India. The haul included 10,000 vials of a very expensive<br />
antibiotic called Netromycin. Machines used to make vials are considerably more<br />
costly than those used to produce tablets and represent a step-up in investment<br />
by the counterfeiters.<br />
In 2002, NUMAST, the seafarers union, expressed increasing concern over<br />
counterfeit marine spare parts, which it said have caused major equipment<br />
failures and endanger the lives of its members.<br />
139
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COUNTERFEITING - GENERAL INFORMATION<br />
COUNTERFEITING MILESTONES OVER THE PAST 25 YEARS<br />
In 2002, several vials of fake anti-rabies injections were seized from a godown<br />
in Andheri, India. Police said that the injections were packaged to look like<br />
the genuine injection, including labels bearing manufacturing, expiry dates<br />
and the composition of the product.<br />
In 2002, Amgen Inc issued a warning that counterfeit vials of its drug Epogen<br />
had been discovered on sale in the US. Epogen is primarily used for treatment<br />
of anaemia associated with chronic renal failure for patients on dialysis. The<br />
counterfeit vials contained the active ingredient but at a level 20 times lower<br />
than the genuine drug.<br />
In 2002, in Turkey, a counterfeit liqueur was cited as the possible cause of death<br />
of a British tourist after toxic methanol was found in the bloodstream during an<br />
autopsy. An official from the Kusadasi prosecutors office, who wished to remain<br />
anonymous, said that they believed the woman suffered alcohol poisoning after<br />
drinking a cocktail that contained counterfeit Malibu, a rum and coconut based<br />
drink.<br />
In 2002, counterfeit Johnnie Walker Black Label whisky containing very high<br />
levels of methanol was found on sale in London. Analysis of the seized whisky<br />
revealed that three out of five bottles had a methanol presence of 4.3%.<br />
In 2003, fake artesunate tablets were discovered in Laos and Cambodia. Artesunate<br />
is used to treat a particular strain of malaria that is resistant to other treatments.<br />
In 2003, counterfeit shampoo contaminated with potentially harmful bacteria was<br />
found in drug stores in Canada in British Columbia and Saskatchewan and in hair<br />
salons in the Greater Toronto Area. The counterfeit shampoo was found to contain<br />
Enterobacter gergoviae - a potentially harmful bacteria that could pose a health<br />
risk if it came in contact with open wounds or the eyes.<br />
In 2003, a Los Angeles federal grand jury returned a guilty verdict in a sevencount<br />
indictment against a distributor of aircraft parts and two of its officers for<br />
selling counterfeit civil and military aircraft parts.<br />
In 2003, two people died in Thailand after drinking counterfeit La Santé wine.<br />
Analysis of the counterfeit wine revealed that it contained gamma butyrolactone<br />
(GBL). GBL is commonly used in the production of industrial chemicals, such<br />
as cleaners, adhesives and paint thinner.<br />
In 2003, one person died in Finland after drinking counterfeit Captain Morgan<br />
Black Label Jamaica Rum. The counterfeit rum contained ethyl glycol, which is<br />
used in varnish removers, lacquers and as a solvent for printing inks.<br />
140
COUNTERFEITING - GENERAL INFORMATION<br />
� In 2004, a university graduate of animal husbandry and his wife were arrested for<br />
manufacturing and selling fake bird flu vaccinations. The couple, from central<br />
China’s Henan Province, were tracked down following an investigation into why<br />
hundreds of chickens died after being given what appeared to be genuine<br />
vaccine at a farm in the village of Dazhao.<br />
�<br />
�<br />
�<br />
�<br />
�<br />
�<br />
COUNTERFEITING MILESTONES OVER THE PAST 25 YEARS<br />
In 2004, the US Food and Drug Administration shut down four internet sites<br />
in connection with the sale of counterfeit contraceptive patches containing<br />
no active ingredient.<br />
In 2004, at least 13 babies died from being given fake baby milk-powder formula<br />
containing virtually no nutritional value. Most of the reported deaths and incidents<br />
of severe malnutrition occurred in and around the city of Fuyang in Anhui<br />
Province, eastern China, which is one of the country’s poorest regions.<br />
In 2004, fake liquor claimed the lives of at least eleven people in southern China<br />
and led to the hospitalisation of dozens more. The first death occurred in the southern<br />
city of Guangzhou, capital of southern China’s Guangdong Province, after a<br />
58-year old man drank fake baijiu liquor containing formaldehyde that had been<br />
bought at a rural market.<br />
In 2004, an insecticide used to kill encephalitis-carrying ticks in Barnaul,<br />
West Siberia, was found to be counterfeit. Parks, gardens and children’s camps<br />
were sprayed with a chemical thought to be Sipaz Super, which is made in the<br />
Netherlands, but Altay Territory police later discovered that the insecticide used<br />
was fake At least 12 people were admitted to regional hospitals with suspected<br />
tick-borne encephalitis, a virus which causes inflammation of the brain.<br />
In 2004, a defence contractor was given a two-and-a-half-year prison sentence<br />
for supplying the Pentagon with counterfeit aircraft parts. Investigators said<br />
the counterfeit seals had marginal stress tolerance capabilities and questionable<br />
ability to withstand the exposure to intense heat and hydraulic fluids normally<br />
associated with military aviation. The defendant admitted that the counterfeit parts<br />
were sufficiently critical and substandard so as to present a conscious or reckless<br />
risk of death or serious bodily injury.<br />
In 2005, 23 people died in Turkey and dozens were hospitalised after drinking<br />
counterfeit raki containing lethal levels of methyl alcohol. Counterfeiters stole<br />
500,000 labels of Yeni Raki, one of Turkey’s most popular brands of aniseed<br />
flavoured liquor, and placed these on thousands of bottles of counterfeit<br />
product containing up to 97% methyl alcohol.<br />
141
�<br />
�<br />
�<br />
COUNTERFEITING - GENERAL INFORMATION<br />
COUNTERFEITING MILESTONES OVER THE PAST 25 YEARS<br />
In 2005, Police seized US$ 10 million worth of counterfeit car parts from a<br />
warehouse in Umm Al Quwain, one of the seven emirates of the UAE. This<br />
was believed to be one of the biggest raids of its type in the Gulf and involved<br />
100,000 fake General Motors parts, including brake pads, clutches and filters.<br />
In 2005, Police in the Irish Republic and Northern Ireland seized counterfeit<br />
veterinary drugs valued at Euros 1.4 million from both sides of the border.<br />
The haul included raw materials, thousands of bottles and labels.<br />
In 2005, Spanish police seized counterfeit Euros worth Euro 2.5 million – one<br />
of the largest hauls to date and arrested 27 people. The notes, which were<br />
of different denominations, were described as being of very high quality.<br />
� In 2006, Russian Interior Minister Rashid Nurgaliyev said poisoning by bootleg<br />
alcohol amounts to a “national tragedy” killing some 42,000 people a year.<br />
� In 2006, 11 people were killed in China’s worst fake pharmaceuticals scandal.<br />
The counterfeit drug in question contained diethylene glycol.<br />
� In 2006, 38 people were killed in Panama as a result of counterfeit cough<br />
syrup, antihistamine tablets, calamine lotion and rash ointment, all<br />
contaminated with diethylene glycol, a chemical cousin of antifreeze.<br />
� In 2006, the EU and the US launched a joint program to fight global intellectual<br />
property piracy and counterfeiting.<br />
�<br />
�<br />
�<br />
�<br />
In 2007, a Canadian woman died from metal poisoning after ingesting<br />
contaminated counterfeit pills purchased online. The pills contained 15 times<br />
the normal level of aluminium.<br />
In 2007, the Third Global Congress to Combat <strong>Counterfeiting</strong> & Piracy was<br />
held in Geneva, Switzerland, in January. 1200 people attended the event making<br />
it three times larger than the second congress, and the biggest event of its kind<br />
in history.<br />
In 2007, the US instigated a wide-ranging WTO complaint about China’s<br />
over “rampant” copyright piracy; many other countries also joined the complaint.<br />
In 2007, a new form of counterfeiting occurred. Members of various online<br />
communities have started counterfeiting virtual goods in the virtual worlds<br />
for profit.<br />
142
COUNTERFEITING - CLOSE UP<br />
<strong>Counterfeiting</strong> Close Up<br />
A collection of articles originally featured<br />
in the CIB publication <strong>Counterfeiting</strong> Confidential<br />
during 2007 reflecting current issues and concerns<br />
143
The 2007 US Food and Drug Administration’s<br />
ban on imports of toothpaste from China after<br />
the discovery of toothpaste containing diethylene<br />
glycol by the authorities in Panama, the<br />
Dominican Republic and Australia, is a graphic<br />
reminder of how often this toxic substance has<br />
featured in food and drug counterfeiting cases.<br />
The US has good reason to be wary of diethylene<br />
glycol, often used as an antifreeze in car<br />
radiators, as it has been responsible for several<br />
mass poisonings over many years. Indeed, one<br />
of the earliest cases in was in 1937 in the US<br />
and became known as the Elixir Sulfanilamide<br />
disaster in which 107 people died after taking a<br />
preparation containing the substance. The<br />
incident paved the way for the Federal Food Drug<br />
and Cosmetic Act of 1938 to prevent this<br />
situation from happening again. But whilst it has<br />
worked for the most part in the US, other<br />
countries have been less fortunate.<br />
Over the years there have been a number of<br />
incidents where counterfeiters have used lowcost,<br />
toxic diethylene glycol (instead of the safe<br />
but more expensive ethylene glycol or glycerine)<br />
to make paracetamol syrups. Such incidents<br />
include 109 children who died in Nigeria in 1990.<br />
In the same year 339 children died in a similar<br />
incident in Bangladesh. Six years later there was<br />
yet another - 85 children died in Haiti from a<br />
similar preparation containing diethylene glycol.<br />
The “diethylene cases” have not been confined<br />
to the developing world. In 1985, a number of<br />
Austrian wine producers were found to be<br />
adulterating their product with the substance in<br />
order to give it a sweeter and fuller bodied taste.<br />
Although the amount added was not sufficient<br />
to cause serious illness or fatalities, exports of<br />
Austrian wine collapsed and strict regulations<br />
were imposed on winemakers in the country.<br />
The most recent diethylene case surfaced at the<br />
end of 2006 in Panama when 43 people died<br />
after consuming counterfeit cough medicine. The<br />
New York Times concluded. “The cause of these<br />
deaths was eventually found to be an ordinary,<br />
government made, cough syrup. The deadly<br />
cough syrup differed by one ingredient to that of<br />
genuine medicine, the harmless glycerine had<br />
been substituted for a cheaper, poisonous<br />
alternative - diethylene glycol.”<br />
An investigation was launched after people<br />
started becoming ill. The nature of the poison<br />
and the way in which people were consuming it<br />
COUNTERFEITING - CLOSE UP<br />
Death by Diethylene<br />
144<br />
made identification of the offending product very<br />
difficult and doubtless led to the deaths of many<br />
more people. Counting the number of deaths<br />
was also very problematic as the poison is<br />
difficult to detect in the exhumed bodies of the<br />
victims and many may have died without<br />
informing the authorities. 365 families have<br />
reported deaths, with 100 so far confirmed being<br />
caused by the syrup.<br />
It appears that the government of Panama<br />
unknowingly used the diethylene glycol,<br />
relabeled as glycerine, to make 260,000 bottles<br />
of the cough syrup. The source of the<br />
contamination was found to be the Taixing<br />
Glycerine Factory, a Chinese company that sold<br />
diethylene glycol falsely labeled as<br />
pharmaceutical grade glycerine, through a stateowned<br />
Chinese trading company in Beijing.<br />
Even though the fake glycerine passed through<br />
three different countries, nowhere was it tested<br />
to verify that it was in fact real. It seems that the<br />
certificate of authenticity was repeatedly altered<br />
eliminating the name of the manufacturer and<br />
the previous owner. If this information had been<br />
known it would have been apparent that the<br />
manufacturer was not approved to make<br />
glycerine and the stock safely destroyed.<br />
Tip of the iceberg?<br />
It may be no coincidence that Zheng Xiaoyu, the<br />
former head of China’s food and drugs regulator<br />
was recently sentenced to death in Beijing for<br />
taking bribes to approve medicines. This follows<br />
a whole raft of Chinese exports that have been<br />
turned away by US inspectors recently including<br />
wheat gluten tainted with melamine that has<br />
been blamed for dog and cat deaths, monkfish<br />
which were in fact toxic puffer fish and drug laced<br />
frozen eel.<br />
It seems amazing that there have been so many<br />
deaths from diethylene glycol over the years<br />
when so many of these tragedies could have<br />
been avoided by more stringent checks and with<br />
stricter regulation of the cross-border trade. But<br />
these incidents occur so often in poor countries<br />
where checks are all too often inadequate or non<br />
existent, leaving cynical counterfeiters an<br />
opportunity to maximize profits while destroying<br />
lives.<br />
Sadly the lesson is that similar cases will<br />
continue to occur until more is done to tighten<br />
up checking procedures, improve cross border<br />
legislation and punish the perpetrators.
COUNTERFEITING - CLOSE UP<br />
<strong>Counterfeiting</strong> and Corruption<br />
The 2007 execution of China’s former chief food<br />
and drug regulator, Zheng Xiaoyu for taking<br />
bribes has exposed the close connection<br />
between counterfeiting and corruption. There<br />
has been surprisingly little research into the<br />
relationship between these two issues over the<br />
years, but this may well change as increased<br />
linkage will provide an important driver in getting<br />
governments to devote more resources to<br />
tackling the twin problems.<br />
Zheng is one of the most senior government<br />
officials to be executed and this harsh sentence<br />
is a reminder of how ruthlessly the Chinese<br />
government deals with those who cause harm<br />
to its citizens and damage the country’s name<br />
and reputation.<br />
Accused at his trial of approving the sale of six<br />
medicines which turned out to be fake, Zheng<br />
acknowledged in a confession that he had<br />
accepted bribes from at least eight<br />
pharmaceutical companies and had netted more<br />
than US$ 850,000 in the process. It seems that<br />
he was not alone- in recent years at least eight<br />
other senior drug agency officials have been<br />
accused of taking bribes including Zeng’s deputy<br />
Hao Heping, the director of the medical devices<br />
division, and Cao Wenzhuang who headed up<br />
the drug registrations division.<br />
Corruption is widespread in China and the<br />
corrupt activities of Zheng and his colleagues<br />
might have gone unnoticed had not a series of<br />
healthcare disasters materialised over the past<br />
few years calling into question the effectiveness<br />
of China’s State Food and Drug Administration.<br />
In one such incident at least 14 people were killed<br />
and hundreds became sick after taking a<br />
spurious antibiotic called Xinfu. During Zheng’s<br />
tenure too, thousands of unsafe pharmaceuticals<br />
were approved which have subsequently caused<br />
sickness and death. On top of these, there have<br />
been a number of recent product safety scares<br />
both within China and internationally involving<br />
pet food and toothpaste tainted with industrial<br />
chemicals, fake milk powder, and pork containing<br />
banned additives.<br />
Of course it is easy to pass off Zheng and his<br />
colleagues as convenient scapegoats,<br />
particularly since there is little evidence of the<br />
pharmaceutical companies who provided the<br />
bribes being prosecuted. Was he just a good<br />
man who succumbed to temptation that many<br />
others would have found irresistible? Perhaps.<br />
But as Transparency International, the anti<br />
145<br />
corruption watchdog, makes clear, people are<br />
as corrupt as the system allows them to be:<br />
“Corruption thrives where temptation coexists<br />
with permissiveness. Where institutional checks<br />
on power are missing, where decision-making<br />
remains obscure, where civil society is thin on<br />
the ground, where great inequalities in the<br />
distribution of wealth condemn people to live in<br />
poverty that is where corrupt practices flourish.<br />
It cannot be stressed enough that corruption is<br />
alive and well even where political, economic,<br />
legal and social institutions are well entrenched.”<br />
Verifying the link<br />
Transparency publish an annual corruptions<br />
perceptions index ranking countries in order of<br />
the degree of corruption that is perceived to exist<br />
in each (see www.transparency.org) This data<br />
is also displayed graphically on a map in which<br />
the most corrupt countries, which are coloured<br />
in a swathe of red, cover two thirds of the world.<br />
Perhaps unsurprisingly, all the major centres of<br />
production for counterfeit goods are also located<br />
in countries where corruption is rife. There is<br />
therefore a close correlation between<br />
counterfeiting and levels of corruption. In many<br />
of the countries where counterfeits are produced,<br />
the administration and political institutions are<br />
weak and pay scales are generally very low,<br />
tempting officials to ‘supplement’ their income<br />
by accepting bribes. Of course, one still has to<br />
accept that there is complicity on the part of some<br />
consumers in the less corrupt countries in<br />
knowingly buying and creating a demand for the<br />
counterfeits on sale, in much the same way that<br />
many large companies in the West are<br />
responsible for offering bribes to officials in the<br />
developing world to secure contracts, thereby<br />
fuelling corruption.<br />
Transparency’s solution to the problem of<br />
corruption is in its name. More transparency and<br />
openness makes corruption less likely, as does<br />
the spread of democracy. As the organisation<br />
maintains, in a modern democracy, the power<br />
of governing bodies is inherent in the political<br />
mandate given by the people. Power is entrusted<br />
and it is supposed to be used for the benefit of<br />
society at large, and not for the personal benefit<br />
of the individual that holds it. Thus corruption -<br />
misusing publicly entrusted power for private<br />
gain - is inherently contradictory and<br />
irreconcilable with democracy.<br />
However, as we know, spreading democracy and<br />
eliminating counterfeiting and corruption is an<br />
uphill struggle at the best of times.
COUNTERFEITING - CLOSE UP<br />
<strong>Counterfeiting</strong> and climate change<br />
“This is nothing short of life changing, a film that<br />
needs to be seen by every person on the planet,”<br />
was my initial reaction after seeing Al Gore’s<br />
documentary on climate change during a long<br />
flight back from Dubai at the end of last year.<br />
And then a second thought struck me – is the<br />
science behind this grim analysis really true?<br />
Today, the vast weight of scientific evidence<br />
seems to suggest that global warming is a reality<br />
that we and future generations will have to<br />
confront. The more I reflected on The<br />
Inconvenient Truth, the more I was struck by the<br />
disturbing parallels between the global issues<br />
of climate change and counterfeiting.<br />
Whilst no one could argue that counterfeiting is<br />
as potentially devastating as climate change, it<br />
is still nevertheless very destructive. Both global<br />
warming and counterfeiting are difficult to<br />
measure and this, of course, lies at the very heart<br />
of how we respond. We know that glaciers are<br />
melting and sea levels are rising in much the<br />
same way that there are huge seizures of<br />
counterfeit goods and that many people have<br />
died after taking fake counterfeit<br />
pharmaceuticals. But how do you convince<br />
individuals to change their behaviour in respect<br />
of issues where the public are both victims and<br />
villains?<br />
A moral dilemma<br />
Global warming and counterfeiting pose difficult<br />
moral problems for us all as consumers and they<br />
are issues that are fundamentally driven by<br />
consumption, with the benefits and pleasure that<br />
we derive.<br />
Should we all be saving energy and reducing<br />
our carbon footprint by not travelling on aircraft<br />
or using energy efficient cars? What about more<br />
recycling, using energy efficient light bulbs and<br />
having fewer children? Equally too, should we<br />
not be respecting and rewarding intellectual<br />
property rights owners by buying their products<br />
rather than cheaper counterfeits, which may<br />
have been produced by sweat shop labour<br />
operated by non tax-paying organised crime<br />
syndicates?<br />
In general, human beings react by either doing<br />
what is morally right or by minimalising the<br />
seriousness of the issue or by flatly denying that<br />
there is a problem at all. Al Gore exposed the<br />
denial culture in his documentary by comparing<br />
the way in which the tobacco lobby for a long<br />
time sought to rubbish claims that smoking was<br />
146<br />
harmful before the weight of scientific evidence<br />
and ensuing legislation changed the whole way<br />
in which tobacco and smoking was viewed.<br />
Sadly, the rectitude of a worldwide intellectual<br />
property protection regime is still controversial<br />
in some quarters, and seen by all too many in<br />
the developing world as a means of continued<br />
commercial dominance by wealthy western<br />
developed countries.<br />
<strong>Counterfeiting</strong>’s Katrina<br />
Al Gore was for many years something of a lone<br />
voice preaching the perils of climate change in<br />
the wilderness, but in his own words “What<br />
changed in the US with Hurricane Katrina was a<br />
feeling that we had entered a period of<br />
consequences.” This event may well with<br />
hindsight be regarded as an important tipping<br />
point in getting global warming to the top of the<br />
agenda of world governments.<br />
The United States government is still though very<br />
much in denial mode, though slowly and<br />
grudgingly coming to accept the reality of climate<br />
change. However, in the anti-counterfeiting<br />
arena, the same government has a completely<br />
different position and is probably the leading<br />
country in advocating firm and resolute protection<br />
for intellectual property rights.<br />
Although there have been many striking<br />
examples of the damage caused by counterfeit<br />
products over the years, there has never been<br />
anything in the counterfeiting context quite as<br />
dramatic as Hurricane Katrina, so perhaps there<br />
is still a tipping point to be reached. And until we<br />
get to that point we will not reach that “period of<br />
consequences” that Gore refers to.<br />
How best to win the twin battles against global<br />
warming and counterfeiting? Given their global<br />
nature the remedies are not dissimilar. More<br />
public education and awareness initiatives aimed<br />
at winning hearts and minds. More political will<br />
and legislation aimed at deterring those causing<br />
the problem, with effective sanctions against<br />
culprits and greater use of new technologies to<br />
lessen the impact.<br />
Those involved in fighting the trade in fakes could<br />
certainly do with a crusading figure of Al Gore’s<br />
stature, along with a well crafted documentary<br />
to bring home the inconvenient truth about<br />
counterfeiting. However, none of the world’s<br />
recently retired politicians who would have the<br />
necessary profile seem set to take up this<br />
challenge.
COUNTERFEITING - CLOSE UP<br />
Music piracy: carrot or stick<br />
Last September, a number of important events<br />
took place within the music industry, with<br />
strategies involving both ‘carrot’ and ‘stick’ being<br />
used in an attempt to stop people illegally pirating<br />
music. The actions help demonstrate the<br />
polarised feeling within an industry that is in a<br />
period of flux and uncertainty over its own future.<br />
The first ever music file-sharing case to go to<br />
trial in the US took place last month. The<br />
defendant, Jammie Thomas, 30, was found<br />
guilty of illegally sharing music via a peer-to-peer<br />
network. Recording Industry Association of<br />
America (RIAA) investigators accessed her<br />
shared files and discovered 1,702 songs<br />
available for download, though only 24 of those<br />
were the subject of the lawsuit. The jury awarded<br />
damages of $9,250 for each of the 24 songs,<br />
making a total of $222,000 in fines. It could have<br />
made Thomas liable to penalties ranging from<br />
as little as $18,000 up to $3.6 million.<br />
Whilst the RIAA, using the ‘stick’ method, has<br />
filed more than 21,000 lawsuits in the past four<br />
years, this is the first one to go all the way to<br />
trial: most cases are settled out of court. The<br />
ruling is seen as a victory by the RIAA, attorney<br />
Richard Gabriel told reporters: “This is what can<br />
happen if you don’t settle… I think we have sent<br />
a message we are willing to go to trial.”<br />
More questions than answers<br />
This judgement goes some way to show that<br />
record companies and the legal system will not<br />
tolerate music being illegally shared, but<br />
questions still remain as to whether, in reality,<br />
these sorts of actions are making any difference.<br />
According to online measuring service<br />
BigChampagne, between 2003 and 2005 the<br />
number of peer-to-peer users unlawfully trading<br />
goods doubled. However, other statistics<br />
produced by the International Federation of<br />
Phonographic Industries (IFPI) showed that the<br />
percentage of users illegally file-sharing stayed<br />
constant in 2006 compared to the previous year.<br />
Even though the legal download market is<br />
growing rapidly, most statistics agree that the<br />
number of illegally acquired songs still easily outstrips<br />
those downloaded through legal channels.<br />
Even after the lawsuits filed by the RIAA and<br />
others against file-sharers, the question still<br />
remains; why do certain demographics of<br />
otherwise law-abiding, intelligent individuals<br />
(mostly between 16-24 and university students)<br />
feel they should have free and unrestricted<br />
access to music? Another significant recent<br />
147<br />
milestone would seem to suggest some people<br />
within the music business agree that more music<br />
should be available for free.<br />
A new tactic by rock band Radiohead last month<br />
may signal a major shift in the way the music<br />
industry does business. Radiohead have taken<br />
the ‘carrot’ approach by releasing their latest<br />
album, Rainbows, via download through their<br />
website, for as much or as little as the consumer<br />
is willing to pay, the only compulsory charge<br />
being a 45p credit card handling fee.<br />
Radiohead were not expecting to make huge<br />
sums of money from this strategy. However, it<br />
seems that their radical approach may have<br />
done just that. A poll done by Record of the Day<br />
website surveyed 3,000 people and found that<br />
the average price paid for a copy of Rainbows<br />
was £4. According to a source close to the band,<br />
1.2 million albums were downloaded in the first<br />
weekend. This infers that the band could have<br />
made upwards of £4.8 million on its first weekend<br />
sales alone. By releasing the album on their own<br />
website the band, currently without a record deal,<br />
have minimised overheads so they benefit from<br />
almost all the profits. If, for instance, it was sold<br />
through an online distributor the band may see<br />
as little as a quarter of that money.<br />
The band are refusing to release sales figures<br />
or to put the album on regular legal downloading<br />
sites like iTunes, so accurate figures cannot be<br />
known. However, it is clear that not only was this<br />
a very good publicity stunt, it also proved very<br />
lucrative for Radiohead.<br />
The same week as Rainbows was released<br />
another band, The Charlatans, made their new<br />
single available from a radio station’s website at<br />
no charge whatsoever. The Charlatans’ lead<br />
singer Tim Burgess said: “I want the people to<br />
own the music and the artists to own the<br />
copyright. Why let a record company get in the<br />
way of the music?”<br />
New tactic working<br />
These developments may worry and even anger<br />
people representing record companies. But it is<br />
clear there is a new strategy afoot by some<br />
musicians that seeks to cut the record company<br />
out of the loop altogether. If all artists were to<br />
adopt a pay-as-you-like model, where the<br />
consumer decides how much should be paid,<br />
with 100% of revenues going to the artist, where<br />
would the recording industry fit in?<br />
continued overleaf/
COUNTERFEITING - CLOSE UP<br />
Villains, victims and Viagra<br />
Fake Viagra is a counterfeiter’s dream – it is<br />
highly sought after and often in restricted supply,<br />
takes up little space and is easy to transport and<br />
smuggle.<br />
But the real beauty of the scam is that no one is<br />
ever likely to complain if the stuff doesn’t work.<br />
Little wonder then, that junk email boxes all over<br />
the world are groaning with cut price offers for<br />
this magic blue pill. Of course, anyone who<br />
chooses to buy Viagra over the internet is taking<br />
a big risk of buying a completely spurious and<br />
ineffective product, but there are plenty of<br />
suckers out there willing to give it a try.<br />
One of the biggest counterfeit drugs busts in<br />
British history recently demonstrated just how<br />
sophisticated and profitable the international<br />
trade in fake Viagra can be. Ashish Halai,<br />
described as the linchpin of a global conspiracy<br />
to sell fake medicines over the internet, was<br />
jailed along with a number of others after one of<br />
the most complex counterfeit medicines trials<br />
to be held in the UK.<br />
The court heard how millions of pounds worth<br />
of fake Viagra and other lucrative drugs were<br />
moved from factories in China, India and<br />
Pakistan into the UK, and then on to the<br />
Bahamas and the US. Halai and his wife, who is<br />
a qualified pharmacist, had run a legitimate<br />
pharmacy in London’s upmarket Bayswater area<br />
for many years before selling it five years ago in<br />
order to concentrate on supplying counterfeit<br />
Viagra to customers by email through his<br />
company Stormgrand. He quickly developed a<br />
network of contacts to help him smuggle the<br />
fakes into the country, before sending them on<br />
to the Bahamas. The packages sent by air<br />
courier were described as containing<br />
supplements for dogs to escape detection, but<br />
were in fact so skilfully packaged that it required<br />
an expect to determine that they were<br />
counterfeit.<br />
One of Halai’s contacts was Gary Haywood, who<br />
The recording industry still has a major role to<br />
play in finding, developing and investing in new<br />
artists. With a large number of physical albums<br />
still being sold, it is clear the major record labels<br />
are unbeatable when it comes to distributing the<br />
finished product. That said, as the market sways<br />
ever more towards the digital medium it is clear<br />
that the record companies need to embrace new<br />
business models to survive.<br />
148<br />
posed as a former employee of Viagra<br />
manufacturer Pfizer and used his property in<br />
Spain to oversee shipments into the UK. In the<br />
space of six months Haywood had smuggled<br />
500,000 fake Viagra tablets into Britain and<br />
generated a profit of £4.9 million.<br />
Haywood was connected to a company called<br />
Global Medz in the Bahamas who was handling<br />
website orders for Viagra from all over the world<br />
and these were fulfilled by shipments from the<br />
gang.<br />
Several arrests have been made in the US and<br />
Dubai, factories making the counterfeits have<br />
been closed down in China and other<br />
conspirators are awaiting trial. In all, assets<br />
amounting to £6.5 million have been seized in<br />
the biggest worldwide conspiracy involving<br />
counterfeit drugs that has been brought to trial.<br />
Conclusions<br />
What conclusions can be drawn from this affair?<br />
Perhaps that greed, business acumen and<br />
opportunity are a powerful combination. Indeed,<br />
the trial judge said as much in sentencing Halai.<br />
It is also disturbing that Halai and his wife, who<br />
used to run a pharmacy, should violate the trust<br />
vested in them and supply spurious products.<br />
Perhaps they salved their consciences with the<br />
thought that what they were selling would not<br />
cause harm, or that those who bought it were<br />
gullible fools and got what they deserved.<br />
Then, there is the conduct of the enforcement<br />
authorities – the whole affair only came to light<br />
following a chance inspection at Stansted Airport,<br />
which raises the question as to whether or not<br />
enough is being done to proactively expose such<br />
rackets.<br />
One thing we can be sure of though, is that<br />
villains will always be attracted by fake Viagra<br />
and victims will continue to suffer just so long as<br />
this trade remains the highly profitable enterprise<br />
that it is.<br />
Illegal downloading may, unwittingly, have forced<br />
the music industry into changing the way it does<br />
business. The current ‘stick’ approach - using<br />
legal action against file-sharers - does not seem<br />
to be changing attitudes and illegal file sharing<br />
looks set to continue. Maybe the industry should<br />
use more ‘carrot’ approaches, which have<br />
already worked to Radiohead’s advantage, to<br />
tempt more consumers back to the legal model.