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Counterfeits in transit: well done, European Parliament (and MARQUES!)
Today is a most encouraging day for brand owners, following the decision of the European Parliament to recognise the imperative need to enact provisions that truly address the problem of counterfeit goods passing through the European Union -- something for which MARQUES has been campaigning tirelessly. Together with a number of other organisations with which MARQUES has been working towards the same goal, MARQUES has issued the following press release, the content of which is self-explanatory (with some hyperlinks added by Class 46):
BUSINESS COMMUNITY WELCOMES TODAY’S VOTE BY THE EUROPEAN PARLIAMENT ON COUNTERFEIT GOODS IN TRANSIT AND URGES COUNCIL TO FOLLOW SUIT
Brussels, 25 February, 2014
The undersigned organisations representing thousands of companies across all industry lines and sectors welcome today’s vote by the European Parliament of robust measures to fight the transit of trade mark counterfeit goods in the EU as part of a wider review of the European Union trade mark legislation.
Trade mark counterfeiting is a global, pervasive and serious hindrance to growth and jobs, and often a threat to citizen health and safety. The capacity of European customs to act is essential in this fight against the trade of counterfeits.
Since the Philips/Nokia ruling (Cases C‑446 and 495/09) in 2011, under EU law, European customs can check counterfeit goods transiting through the EU but can only stop them if there is a risk of these goods entering into the Single Market. This means in practice that customs are powerless against counterfeit goods on route to a third country, and must let them go, at the risk of these goods being illegally diverted back into the EU.
The new provisions adopted today will allow customs to stop trade mark counterfeit goods even if destined to a country outside the EU and will not affect the trade of legitimate goods under the EU’s WTO international obligations. Likewise, these provisions ensure that genuine generic medicines will reach their final destination.
Trade mark-intensive industries account for 21% of all direct jobs in the EU and for 34% of the EU GDP. The global trade of counterfeits has been growing exponentially and the lack of adequate rules at EU level has exacerbated the problem affecting companies, governments and citizens across Europe. Indeed, the 2012 detention statistics from EU customs have shown an unprecedented and extremely worrying fall by 65% on the year before. Without robust rules to stem the tide, the risk of the EU being a hub for the trade of counterfeits is real.
We salute this vote and the political courage of MEPs Marielle Gallo and Bernhard Rapkay who sponsored the transit provisions which were adopted today. With this vote, the European Parliament signals that it is serious about stopping trademark counterfeits to protect consumers everywhere and that the EU should show leadership in the global fight against counterfeiting.
List of signatory organisations
ACG – The Anti-Counterfeiting Group
Chrissie Florczyk, Director-General: chrissie@a-cg.com, +44 (0)1494 449 165
AIM – European Brands Association
Marie Pattullo, Senior Brand Protection Manager: Marie.pattullo@aim.be, + 32 2 736 0305
American Chamber of Commerce to the EU (AmChamEU)
Anna McNally, Communication Director: amc@amchameu.eu, + 32 2 289 10 16
José Antonio Moreno Campos, Director General: joseantonio.moreno@cscamaras.es, +34 91 590 6939
APM – German Anti-Counterfeiting Association
Philipp Hanske, Public and Legal Affairs: apm@dihk.de, +49 (0)30 20308 2719
Clotilde Piednöel, President: president@apram.com
EFPIA – European Federation of Pharmaceutical Industry
Elise Melon, Manager Intellectual Property & Trade: elise.melon@efpia.eu, +32 2 626 2552
EGA – European Generic Medicines Association
Lidia Mallo, Government Affairs & IP Advisor: lmallo@egagenerics.com, +34 607688844
EURATEX - European Apparel and Textile Confederation
Stéphanie Le Berre: stephanie.le.berre@euratex.eu
FESI – Federation of the European Sporting Goods Industry
Raluca Giurgiu: info@fesi-sport.org, +32 2 762 86 48
ICC BASCAP - Business Action to Stop Counterfeiting and Piracy (BASCAP)
Alexandra Iliopoulou, Policy and Legal Adviser: alexandra.iliopoulou@bascap.com, +32 489 970 143
Claudio Bergonzi, Secretary General: info@indicam.it, +390276014174
INTA – International Trademark Association
Milesh Gordhandas, Coordinator: Europe Representative Office: mgordhandas@inta.org, +32 2 880 3721
Jean-Claude Darné, Coordinator – Communications: jdarne@inta.org, +1 212 642 1771
Markenverband e.V.. – The German Brands Association
Dr. Alexander Dröge: a.droege@markenverband.de, +49 30 206 168 40
Tove Graulund: EUTMReformTaskForce@marques.org, +44 116 274 7355
Delphine Sarfati-Sobreira, General Director: ds@unifab.com, +33 1 5626 1414
Posted by: Blog Administrator @ 15.17Tags: Counterfeits, transit,
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