WEDNESDAY, 19 SEPTEMBER 2012
"Sign of the Times": copying the sign The final full session in today's MARQUES programme for Athens 2012, titled "Copying the Sign", asked the perhaps curious but highly pertinent question: "should we do more to take the IP out of counterfeiting and piracy?", chaired by John Anderson (Pakharenko & Partners).
Chris asked the audience to contemplate social change campaigns based on threats to personal interest and enlightened self-interest, pointing out that those things that change human behaviour are generally based on emotion, not logic. This lesson must be appreciated in the IP context, where appeals to the fact that infringement loses jobs will influence the feelings of those who may lose jobs, but not to those who are unaffected by this. Lessons and stories about the important of having and enforcing IP must therefore be tailored to the individual market.
Labelling and misleading advertising laws may be well utilised against counterfeiters, though penalties vary considerably between those which have a deterrent effect and those which are merely regarded as part of the cost of doing business. Much the same can be said of national health and safety provisions. This may cause a dilemma for brand owners, who do not want the public to associate their brand with such issues. Nigeria has used health and safety provisions quite substantially, seizing large quantities of counterfeit drugs and even shutting down a market for several months. Judges seem far more willing to convict for health and safety reasons than for IP infringement. Fraud-related offences and money-laundering may also be utilised against traders in counterfeits. The latter may involved inter-jurisdiction cooperation, Patricia explained. How can fake goods be disposed of? Confiscation orders are available in some jurisdictions, notably in the United Kingdom where proof of a "criminal lifestyle" can lead to confiscation of assets at a level which will hurt the convicted defendant substantially. Where there is a criminal lifestyle, the defendant may also be open to prosecution for failure to report income, submit VAT returns and pay relevant taxes. In similar vein, breaches of employment and social welfare law may be used for these purposes. |
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