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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 />

4


<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 />

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<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 />

46


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 />

48


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 />

56


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 />

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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 />

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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 />

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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 />

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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 />

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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 />

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COUNTERFORCE<br />

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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 />

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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 />

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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<br />

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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 />

91<br />

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 />

93<br />

COUNTERFORCE


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 />

97<br />

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 />

98


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 />

101<br />

COUNTERTECH


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.

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