Icon Enforcement Best Practices

Title of initiative

Anti-Counterfeiting Group (pre-project under development)

1. General presentation

1.1 Overview

This is an initiative to be undertaken by INPI - Portuguese Industrial Property Office in cooperation with the police authorities responsible for fighting counterfeiting, namely ASAE (Food Safety and Economic Police), DGAIEC (Customs), PSP (Civil Police) and GNR (Military and Borders Police).

 

This Group is, and will be, developing a number of common activities and tasks, in particular:

· Training sessions among and between the 5 entities involved. (in development);

· Common public campaigns about counterfeiting. (in development);

· Better co-ordination of the agencies involved in the fight against intellectual property crime;

· Development of an integrated “Electronic Complaint System” for counterfeiting, which allow for the end user to quickly and easily report counterfeiting activities (under analysis);

· Development of an integrated database with pertinent information about enforcement, which will provide information about trademark holders, enforcement tendencies and practices, and any relevant information the authorities involved wish to share (under analysis);

· Development of a common website about the fight against counterfeiting, that would comprise the knowledge and different perspectives of the 5 different stake-holders (in development):

- Educate businesses and consumers on the growing economic impact and public health, safety and security threats;

- Advise businesses and consumers in handling counterfeiting activities;

- Disseminate successful practices to businesses in using IPR and fighting counterfeiting;

- Provide examples of businesses and consumers who have been victimized by counterfeiting;

- Disseminate technical and scientific information capable of helping the different economic players (and particularly companies) to better understand the problem and implement anti-counterfeiting prevention actions.

1.2 Sector focus

Sector:

No specific sector

1.3 Institution (managing initiative)

Portuguese Industrial Property Office (Instituto Nacional da Propriedade Industrial – INPI)

2. Detailed Information

2.1 Start date

April 2007 (First Discussion Meeting)

2.2 End date

-

2.3 Budget

-

2.4 Type of initiative

 

Initial Information & Signposting

Dedicated Information Provision: Dedicated anti-counterfeiting website

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): N/A

3. Evaluation of Initiative

3.1 Overall appraisal

Technopolis appraisal:

N/A

4. Further Information

4.1 Document References

-

4.2 Web Site

-

4.3 Contacts

 

Jose Mauricio

INPI - Instituto Nacional da Propriedade Industrial [Portuguese Industrial Property Office]

Tel.: +351 21 881 81 00

Fax: +351 21 886 98 59

E-mail: jose.mauricio@inpi.pt

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

Free of charge online databases search tools and specific support to police authorities, Public Ministry and Courts (provided by INPI-PT)

1. General presentation

1.1 Overview

The Portuguese Industrial Property Office is the national IPR competence centre for information regarding IPR and the protection of technology and know-how protected by patents and other IPR. Apart from granting patents, utility models, trade marks and designs, INPI-PT supports the competent police authorities in fighting counterfeiting by offering know-how related to IPR.

INPI-PT’s website ( www.inpi.pt ) provides free of charge databases search tools in trademarks protected in Portugal (National, International and Community), in Patents (National, European and PCT) and Designs (National). This online tool, being free of charge, is very useful to all parties interested in knowing which IPRs are protected in Portugal, not only to police authorities.

Besides the general information and databases mentioned, INPI-PT also provides specific support to police authorities, Public Ministry and Courts:

- Comparison examinations regarding conflicts between IPRs and counterfeited products , i.e. we provide for the analyses of the seized goods, confront them with the protected IPRs (Patents, Trade Marks and Designs) and make a specific examination that is provided to the above mentioned authorities. In 2007, 500 of these specific examinations were provided;

- Detailed information about protected IPR ; i.e. we provide exact and up to date information to the above mentioned authorities about IPRs and their holders, representatives, date of entering into force, etc. In 2007, detailed IPR information was provided in 3,500 cases.

1.2 Sector focus

Sector:

No specific sector

1.3 Institution (managing initiative)

Portuguese Industrial Property Office (Instituto Nacional da Propriedade Industrial – INPI)

2. Detailed Information

2.1 Start date

N/A

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 (specify):

3. Evaluation of Initiative

3.1 Overall appraisal

In 2007, 3,500 pieces of information were provided to the enforcement authorities.

4. Further Information

4.1 Document References

 

4.2 Web Site

www.inpi.pt

4.3 Contacts

 

INPI - Instituto Nacional da Propriedade Industrial [Portuguese Industrial Property Office]

Tel.: +351 21 881 81 00

Fax: +351 21 886 98 59

Website: www.inpi.pt

E-mail: sgq@inpi.pt

4.4 Information Source

IPR Enforcement Support Expert Group

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