Icon Enforcement Best Practices

Title of initiative

National Committee against Counterfeiting (Comité National Anti-Contrefaçon - CNAC)

1. General presentation

1.1 Overview

The National Committee against counterfeiting (CNAC) is an informal platform for public and private partners concerned by this fight.

Thematic groups meet regularly in order to reinforce the efficiency of anti-counterfeiting mechanisms by:

§ exchange of information and sharing of experience

§ coordination of practical actions such as awareness raising

§ dialogue and new proposals to improve legislation.

Placed under the aegis of the Minister of Industry, its President is a member of Parliament and the General Secretariat is ensured by the National Institute of Intellectual Property (INPI).

1.2 Sector focus

Sector:

No specific sector

1.3 Institution (managing initiative)

National Institute of Intellectual Property

2. Detailed Information

2.1 Start date

1995

2.2 End date

Ongoing

2.3 Budget

-

2.4 Type of initiative

Initial Information & Signposting

Dedicated Information Provision

Dedicated Services

Professional Advice

Training

International Liaison & Actions by Business Organisations

Funding & Evaluation

Public Access & Co-ordination Measures

Other (specify):

2.5 Type of IPR

All IPR

Industrial Property

Inventions :

Patents

Utility Models

Plant Varieties

Topographies of Semiconductor Products

Distinctive Signs :

Trade Marks

Trade Names

Geographical Indications, Designations of Origin

Aesthetic Creations:

Designs (industrial design)

Intellectual Property

Literary, Scientific, Artistic Creations :

Copyright

Neighbouring Rights

Rights in Common Law, Tort, Competition Law etc.

Trade Secrets, Licensing & Confidentiality Agreements

2.6 Stage in Enforcement Process

All Stages

Registration

Business Planning / Strategy

Investigations

Administrative Procedures

Litigation

Other: Not specified

3. Evaluation of Initiative

3.1 Overall appraisal

Technopolis appraisal: 4 (1 = very unsatisfactory , 5 = very successful)

The campaign is re-launched every year and seems to be well organized and monitored (a report is issued each year on the activities of the committee). The committee and its actions have reached a great visibility for the consumer but also for the governing bodies. All sectors and actors are involved and the actions are notably based on the benchmarking of anti-counterfeit initiatives.

4. Further Information

4.1 Document References

4.2 Web Site

http://www.contrefacon-nonmerci.com / http://www.contrefacon-danger.com

4.3 Contacts

Jean-Baptiste BARBIER

INPI and CNAC

jbarbier@inpi.fr

4.4 Information Source

Technopolis report: “Effects of counterfeiting on EU SMEs and a review of various public and private IPR enforcement initiatives and resources”

Title of initiative

Advice leaflets on counterfeiting (Fiches conseil sur la contrefaçon)

1. General presentation

1.1 Overview

The National Committee against Counterfeiting (CNAC), the National Institute for Intellectual Property (INPI) and the French Assembly of Chambers of Commerce (ACFCI) are regularly updating leaflets giving advice to SMEs in particular to help them to fight against counterfeiting.

1.2 Sector focus

Sector:

No specific sector

1.3 Institution (managing initiative)

CNAC, INPI, ACFCI

2. Detailed Information

2.1 Start date

2004

2.2 End date

Ongoing

2.3 Budget

-

2.4 Type of initiative

Initial Information & Signposting

Dedicated Information Provision

Dedicated Services

Professional Advice

Training

International Liaison & Actions by Business Organisations

Funding & Evaluation

Public Access & Co-ordination Measures

Other (specify):

2.5 Type of IPR

All IPR

Industrial Property

Inventions :

Patents

Utility Models

Plant Varieties

Topographies of Semiconductor Products

Distinctive Signs :

Trade Marks

Trade Names

Geographical Indications, Designations of Origin

Aesthetic Creations:

Designs (industrial design)

Intellectual Property

Literary, Scientific, Artistic Creations :

Copyright

Neighbouring Rights

Rights in Common Law, Tort, Competition Law etc.

Trade Secrets, Licensing & Confidentiality Agreements

2.6 Stage in Enforcement Process

All Stages

Registration

Business Planning / Strategy

Investigations

Administrative Procedures

Litigation

Other : Not specified

3. Evaluation of Initiative

3.1 Overall appraisal

Technopolis appraisal: 4 (1 = very unsatisfactory , 5 = very successful)

These fiches appear to be well diffused and clear, especially for SMEs, thanks to the 27 case studies presented and explained.

4. Further Information

4.1 Document References

Case study and advice on counterfeiting

4.2 Web Site

http://www.acfci.cci.fr/innovation/contrefacon.htm

4.3 Contacts

Jean-Baptiste BARBIER

General Secretariat of the CNAC in the INPI

Tel.: +33 1 53 04 54 23

Email: jbarbier@inpi.fr

4.4 Information Source

Technopolis report: “Effects of counterfeiting on EU SMEs and a review of various public and private IPR enforcement initiatives and resources”

Title of initiative

Regional Fund of Industrial Property Diffusion (Fonds Régional de Diffusion de la Propriété Industrielle – FRDPI)

1. General presentation

1.1 Overview

The Regional Fund of Industrial Property Diffusion (FRDPI) supports the local training and awareness-raising initiatives on IPR issues for SMEs, entrepreneurs, research centres and researchers, students.

All accompanying structures within the economic and technological development of companies can benefit from the support of the INPI: Chambers of Commerce and Industry but also universities, incubators, regional centres of technical development, etc.

The INPI can provide support for a project of up to a total value of 50% of the committed expenditure as long as the project can benefit from the financial support of other partners (local or territorial communities, State, etc). It can also provide technical services (search for anterior patent or marks, provision of CD-ROMs collections…) and methodological support to set up training schemes.

Type of actions supported by the FRDPI:

· setting up of conferences, workshops, training schemes,

· support to companies,

· IPR diagnoses,

· development of teaching and communication tools.

1.2 Sector focus

Sector:

No specific sector

1.3 Institution (managing initiative)

National Institute of Intellectual Property (INPI)

2. Detailed Information

2.1 Start date

2001

2.2 End date

ongoing

2.3 Budget

-

2.4 Type of initiative

Initial Information & Signposting

Dedicated Information Provision

Dedicated Services:

IPR diagnosis, support to companies

Professional Advice

Training:

workshops, courses, conferences, teaching tools

International Liaison & Actions by Business Organisations

Funding & Evaluation

Public Access & Co-ordination Measures

Other (specify):

2.5 Type of IPR

All IPR

Industrial Property

Inventions :

Patents

Utility Models

Plant Varieties

Topographies of Semiconductor Products

Distinctive Signs :

Trade Marks

Trade Names

Geographical Indications, Designations of Origin

Aesthetic Creations:

Designs (industrial design)

Intellectual Property

Literary, Scientific, Artistic Creations :

Copyright

Neighbouring Rights

Rights in Common Law, Tort, Competition Law etc.

Trade Secrets, Licensing & Confidentiality Agreements

2.6 Stage in Enforcement Process

All Stages

Registration

Business Planning / Strategy

Investigations

Administrative Procedures

Litigation

Other (specify):

3. Evaluation of Initiative

3.1 Overall appraisal

Technopolis appraisal: N/A

4. Further Information

4.1 Document References

-

4.2 Web Site

http://www.inpi.fr/front/content/ART_287_187.php?archive=0&StartRow=0&order=1

4.3 Contacts

Pascal Duyck

INPI

Tel: +33 328363392

Email: pduyck@inpi.fr

F. Ghillassène

4.4 Information Source

Technopolis report: “Effects of counterfeiting on EU SMEs and a review of various public and private IPR enforcement initiatives and resources”

Title of initiative

IP Pre-diagnosis (Pré-diagnostique propriété industrielle)

1. General presentation

1.1 Overview

The overall aim of IP Pre-diagnosis is to assist SMEs with an analysis of their IP and IPR usage. The service is not focused on a particular project or invention. Experts undertake an in-depth analysis of participating companies’ IPR management to evaluate the importance of IPRs and their protection. The analysis can last from 1.5 to 2 days.

The service particularly targets enterprises that have not registered a patent within the past 5 years and do not possess an IPR strategy and/or relevant IP management.

The overall objectives of IP Pre-diagnosis are:

· to increase the overall awareness and understanding of IPR among SMEs

· to assess the status and potential of the IP within a specific company, and

· to offer information and advice to support the establishment of an IPR strategy.

The service is provided by the national IP Institute (INPI) in collaboration with external experts. It operates nationwide through 18 regional INPI branches with a total of around 150 IP experts (half from INPI, half external) with diverse professional backgrounds (engineers, lawyers, consultants…) and training in relevant IPR issues The service is not limited in duration.

IP Pre-diagnosis forms part of a national policy for the promotion of IPR and of innovation in SMEs and each regional INPI branch is directly connected to the so-called RDT technology development network (Réseaux de développement technologique) with institutes all over France.

Each pre-diagnosis session costs around € 1,500 - a sum that is fully covered by INPI. Nonetheless, supported SMEs are being made aware of the monetary value of the pre-diagnosis consultancy work and the fact that the costs are fully subsidised.

1.2 Sector focus

Sector:

No specific sector: mostly traditional sectors such as textiles

1.3 Institution (managing initiative)

National Industrial Property Institute (INPI – Institut national de la

propriété industrielle)

2. Detailed Information

2.1 Start date

2004 (initial 9 months preparatory phase)

2.2 End date

Ongoing

2.3 Budget

Total budget: around € 900,000 p.a. (allowing for at least 1,000 IP assessments each year, 50% by external experts)

2.4 Type of initiative

Initial Information & Signposting

Dedicated Information Provision

Dedicated Services

Professional Advice: State-of-the-art methods of evaluating the IPR stakes of an enterprise

Training

International Liaison & Actions by Business Organisations

Funding & Evaluation

Public Access & Co-ordination Measures

Other (specify):

2.5 Type of IPR

All IPR

Industrial Property

Inventions :

Patents

Utility Models

Plant Varieties

Topographies of Semiconductor Products

Distinctive Signs :

Trade Marks

Trade Names

Geographical Indications, Designations of Origin

Aesthetic Creations:

Designs (industrial design)

Intellectual Property

Literary, Scientific, Artistic Creations :

Copyright

Neighbouring Rights

Rights in Common Law, Tort, Competition Law etc.

Trade Secrets, Licensing & Confidentiality Agreements

2.6 Stage in Enforcement Process

All Stages

Registration

Business Planning / Strategy

Investigations

Administrative Procedures

Litigation

Other (specify):

3. Evaluation of Initiative

3.1 Overall appraisal

Austrian Institute for SME Research appraisal:

Regular monitoring exercises have been put in place in order to guarantee the

quality of the programme. In a 2005 evaluation, 87 % of users reported that they were very satisfied with the pre-diagnosis and 51 % have implemented IPR actions (mostly filed for trade marks, patents, etc.) after the pre diagnosis.

Elements of good practice are thought to be: Integration into a portfolio of IPR services; operation by highly qualified and specially trained expert staff; referral possibilities (within INPI or to partner organisations); national delivery with regional promoting outlets and close co-operation between RTD/technology agencies and INPI; service is free of charge for enterprises; follow-up service.

4. Further Information

4.1 Document References

-

4.2 Web Site

http://www.inpi.fr/fr/services-et-prestations/aides-et-partenariats/pre-diagnostics-propriete-industrielle.html

4.3 Contacts

Pascal Duyck

INPI

Tel: +33 328363392

Email: pduyck@inpi.fr

H. Salaville

4.4 Information Source

Austrian Institute for SME Research - PRO INNO Europe Paper: “Benchmarking National and Regional Support Services for SMEs in the field of Intellectual and Industrial Property”

Title of initiative

Leaflet “Intellectual property and fight against counterfeiting” (Revue "Propriété intellectuelle et lutte anti-contrefaçon")

1. General presentation

1.1 Overview

The bimonthly leaflet called “Intellectual property and fight against counterfeiting” is co-published by the General Direction of Treasury and Economic Policy (DGTPE), the Customs and the National Institute of Intellectual Property (INPI), which have set up together a network of “counterfeiting” experts in embassies (commercial and economic department). This publication deals with the current developments in the IPR field from an international point of view and presents the different national anti-counterfeiting initiatives.

1.2 Sector focus

Sector:

No specific sector

1.3 Institution (managing initiative)

General Direction of Treasury and Economic Policy (DGTPE), the Customs and the National Institute of Intellectual Property

2. Detailed Information

2.1 Start date

September 2004

2.2 End date

ongoing

2.3 Budget

-

2.4 Type of initiative

Initial Information & Signposting

Dedicated Information Provision:

Bimonthly information leaflet

Dedicated Services

Professional Advice

Training

International Liaison & Actions by Business Organisations

Funding & Evaluation

Public Access & Co-ordination Measures

Other (specify):

2.5 Type of IPR

All IPR

Industrial Property

Inventions :

Patents

Utility Models

Plant Varieties

Topographies of Semiconductor Products

Distinctive Signs :

Trade Marks

Trade Names

Geographical Indications, Designations of Origin

Aesthetic Creations:

Designs (industrial design)

Intellectual Property

Literary, Scientific, Artistic Creations :

Copyright

Neighbouring Rights

Rights in Common Law, Tort, Competition Law etc.

Trade Secrets, Licensing & Confidentiality Agreements

2.6 Stage in Enforcement Process

All Stages

Registration

Business Planning / Strategy

Investigations

Administrative Procedures

Litigation

Other (specify):

3. Evaluation of Initiative

3.1 Overall appraisal

Technopolis appraisal: 2 (1 = very unsatisfactory , 5 = very successful)

This leaflet provides only an international overview of anti-counterfeiting practices, but will not support SMEs in their fight against these issues.

4. Further Information

4.1 Document References

http://www.inpi.fr/fr/connaitre-la-pi/lutte-anti-contrefacon.html

4.2 Web Site

-

4.3 Contacts

Renaud LASSUS

Ministère de l’Economie, de l’Industrie et de l’Emploi

Direction générale du Trésor et de la Politique Economique ( DGTPE )

Email: renaud.lassus@dgtpe.org

4.4 Information Source

Technopolis report: “Effects of counterfeiting on EU SMEs and a review of various public and private IPR enforcement initiatives and resources”

Title of initiative

Technology Network Service – Intellectual Property (TNS - IP)

(Prestation technologique réseau (PTR) - propriété industrielle)

1. General presentation

1.1 Overview

The Technology Network Service (TNS) is a nation-wide technological and innovation support system run by Oséo Innovation through regional centres which aims to provide assistance in innovation projects, familiarise SMEs with intellectual property rights and offer incentives for companies to pursue IPR protection (“First Patent” TNS). The service is open to all types of SMEs.

The Technology Network Service forms part of the French RDT-Network (Réseaux de développement technologique) which offers advice and assistance in innovation management and protection, particularly measures to identify technological needs (i.e. helping with scientific feasibility studies, implementing technology intelligence, etc.). Members of the RDT-Network visit local enterprises, especially SMEs, to get to know the current business situation and to promote available support services. If an enterprise is interested in looking further into the subject of IPR protection or already knows that it needs IP protection (i.e. through the analysis of IP Pre-diagnosis – see above), the adviser can suggest that the SME benefits from support from TNS – Intellectual Property.

The TNS - IP support measure focusing on the patent application process, the so-called “First Patent” TNS. This service subsidises a technical/legal audit of the enterprise’s strategy with regard to intellectual property issues. The audit can concern a variety of topics: technology intelligence organisation, IPR exploitation strategy, etc. and normally lasts between 4 and 5 days. The subsidy which is provided covers around 75 % of the total costs of the audit with a ceiling of €5,000. The subsidy is paid directly to the consultant in charge of the audit. It has to be noted that the “First patent” service can be used only by SMEs that never filed a patent application before.

The complementary approach of the RDT-network to offer a set of dedicated innovation support services enables SMEs to benefit from these professional services that cumulatively build on each other to meet their needs.

1.2 Sector focus

Sector:

No specific sector

1.3 Institution (managing initiative)

Oséo Innovation

(the service is partly implemented by in-house Oséo staff coordinating the network tasks and regional antennae with 1 to 2 persons in each).

2. Detailed Information

2.1 Start date

1989/90

2.2 End date

Ongoing

2.3 Budget

Total budget for Technology Network Service (TNS) in 2006: around € 7,5 million - Budget for “First patent” TNS: € 1,5 million

2.4 Type of initiative

Initial Information & Signposting

Dedicated Information Provision

Dedicated Services

Professional Advice: 4-5 day IPR audits offered to SMEs

Training

International Liaison & Actions by Business Organisations

Funding & Evaluation: subsidy for IPR audit to be carried out

Public Access & Co-ordination Measures

Other (specify):

2.5 Type of IPR

All IPR

Industrial Property

Inventions :

Patents

Utility Models

Plant Varieties

Topographies of Semiconductor Products

Distinctive Signs :

Trade Marks

Trade Names

Geographical Indications, Designations of Origin

Aesthetic Creations:

Designs (industrial design)

Intellectual Property

Literary, Scientific, Artistic Creations :

Copyright

Neighbouring Rights

Rights in Common Law, Tort, Competition Law etc.

Trade Secrets, Licensing & Confidentiality Agreements

2.6 Stage in Enforcement Process

All Stages

Registration

Business Planning / Strategy

Investigations

Administrative Procedures

Litigation Other (specify):

3. Evaluation of Initiative

3.1 Overall appraisal

Austrian Institute for SME Research appraisal:

The service exhibits the following success factors: functioning through a triangle of national coordination, regional operation and networking; promoted and implemented by qualified local experts (go through a qualification scheme); the service benefits highly from the existing RDT Network; integration into a dedicated business support organisation; ease of use: fast and non-bureaucratic handling of the measure; link to other complementary IPR services (IP Prédiagnosis); availability of financial grants, which cover a rather large number of days for consulting.

4. Further Information

4.1 Document References

-

4.2 Web Site

http://www.inpi.fr/fr/services-et-prestations/aides-et-partenariats/aides-aux-pme-et-aux-centres-de-recherche.html

4.3 Contacts

Jean-François Lafaye RDT (Réseaux de développement technologique) OSEO 27-31, avenue du Général Leclerc 94710 Maisons-Alfort Cedex Tél. : 01 41 79 93 85 - Fax : 01 41 79 94 70 Mél. : animation@rdt.fr

4.4 Information Source

Austrian Institute for SME Research - PRO INNO Europe Paper: “Benchmarking National and Regional Support Services for SMEs in the field of Intellectual and Industrial Property”

Innovaccess is a constituent part of the IP Awareness and Enforcement: Modular Based Actions for SMEs project (IPeuropAware) 
which is co-financed by the CIP Programme, DG Enterprise and Industry of the European Commission