Enforcement Best Practices
UNITED KINGDOM
Summary:
- Initiative of the Federation Against Software Theft (FAST)
- UK National IP Crime Strategy
- Scottish Intellectual Assets Centre
- Anti-Counterfeiting Group
- Alliance Against IP Theft
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ACID (Anti-Copying In Design) |
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1. General presentation |
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1.1 Overview |
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This is a 1000+ member trade organisation spanning 25 industry sectors within the creative industries representing designers and manufacturers. ACID’s purpose is to assist its members in the protection, exploitation and commercialisation of their intellectual property. The collective turnover of membership is just under £3 billion (€4.4 billion). ACID’s core objectives are Education, Prevention, Deterrence, Support, Alignment and Lobbying. The organisation’s main initiatives are: · Educate to Protect™ Education and awareness through a programme of design clinics, seminars and tips and advice on the basics of intellectual property law translated into practical tools of self-help using many of ACID’s 200 successful settlements as a basis for creating a sound IP strategy within design management to foster and encourage design and innovation. Although recommended in the Gowers Report no budget has been allocated to make this available in all final year design courses in the UK. ACID is looking for funding to broaden this programme. · Mediate to Resolve™ A mediation initiative aimed at members and non-members to expand the awareness and access to mediation as a real alternative to litigation. This programme also includes introduction of mediation into conflict management. ACID has a grass roots mediation protocol available to exhibitors at grass roots – first point of entry for new markets. To date there have been approx 1,700, less than 30% required further legal action. There are 12 UK Accredited Exhibition organisers who support and endorse this initiative. · Commission it, Don’t Copy it™ An initiative aimed at major high street retailers and manufacturers to sign a Code of Conduct confirming respect for IP rights holders. The aim of the initiative is to encourage retailers to commission original work, reward the designer, pay a royalty and use purchasing power to possibly source product ex UK to meet price demands. In this way all win - the retailer, the designer, and the consumer. To date 12 retailers have become involved. · IP Audits One-to-one meetings within design and manufacturing organisations to produce headline points which will form the basis of an IP strategy. This will provide ACID with a deeper insight into the company to respond to their needs effectively. It involves simple explanation of the intellectual property rights that will be relevant to the business. The IPSR will ensure there is a review of their design creation process, with a view to ensuring that all necessary steps are taken to secure protection for their intellectual property whilst exploring all avenues to exploit and commercialise from the basis of sound commercial agreements. · ACID LOBBY™ Formed in 2004 its main objectives are Legislative, Educational, Moral and Commercial. ACID was commended for its work in the Gowers Report. |
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1.2 Sector focus |
Sector: No specific sector |
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1.3 Institution (managing initiative) |
ACID (Anti Copying In Design) |
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2. Detailed Information |
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2.1 Start date |
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2.2 End date |
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2.3 Budget |
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2.4 Type of initiative
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Initial Information & Signposting Dedicated Information Provision Dedicated Services: (see service descriptions above) Professional Advice Training International Liaison & Actions by Business Organisations Funding & Evaluation Public Access & Co-ordination Measures Other (specify): |
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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 |
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2.6 Stage in Enforcement Process |
All Stages Registration Business Planning / Strategy Investigations Administrative Procedures Litigation Other (specify): |
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3. Evaluation of Initiative |
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3.1 Overall appraisal |
Technopolis appraisal: N/A |
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4. Further Information |
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4.1 Document References |
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4.2 Web Site |
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4.3 Contacts |
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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” |
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Initiative of the Federation Against Software Theft (FAST) |
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1. General presentation |
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1.1 Overview |
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The Federation was the world’s first anti-piracy organisation working to protect the intellectual property of software publishers. It was formed in 1984 with the remit to lobby the UK Parliament for changes in the law. This resulted in ‘a computer programme’ being included in the definition of a ‘literary work’ in the Copyright, Designs and Patents Act 1988. Lobbying is still part of the Federation’s aim but its activities have broadened over the years and it now addresses the misuse, overuse and theft of software intellectual property in the following ways: § Utilising civil and criminal processes § Lobbying Parliament to strengthen the provisions of the Copyright, Designs and Patents Act including increasing Director’s liability under the Act § Educating organisations through the FAST Standard for Software Compliance (FSSC1-2004) § Education through schools and universities § Increasing awareness of software intellectual property theft within the user community by a continuous programme of press, television and radio interviews and articles This particular initiative aims to locate people who are sharing member software on peer-to-peer file share netwoks in the UK with a view to prosecuting them for the illegal act of making available or distributing software without the rights owner's permission. Initially it found individuals, but the process has been refined to uncover incidences taking place in businesses and in the public sector. |
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1.2 Sector focus |
Sector: Software No specific sector |
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1.3 Institution (managing initiative) |
Federation Against Software Theft (FAST) |
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2. Detailed Information |
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2.1 Start date |
February 2005 |
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2.2 End date |
July 2007 |
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2.3 Budget |
€ 300,000 in overall budget (February 2005 – July 2007) |
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2.4 Type of initiative
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Initial Information & Signposting Dedicated Information Provision Dedicated Services: Identifying illegal distribution of protected software with a view to prosecution Professional Advice Training International Liaison & Actions by Business Organisations: Lobbying for improved IP protection Funding & Evaluation Public Access & Co-ordination Measures Other (specify): |
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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 |
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2.6 Stage in Enforcement Process |
All Stages Registration Business Planning / Strategy Investigations Administrative Procedures Litigation Other (specify): |
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3. Evaluation of Initiative |
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3.1 Overall appraisal |
Technopolis appraisal: 5 (1 = very unsatisfactory , 5 = very successful) |
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4. Further Information |
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4.1 Document References |
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4.2 Web Site |
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4.3 Contacts |
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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” |
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UK National IP Crime Strategy |
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1. General presentation |
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1.1 Overview |
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This overarching UK strategy, promoted by the UK Government, brings together a wide range of rights owners and their representative organisations within a “National IP Crime Group” headed by ministers and run by the UK-IPO. The strategy has the following objectives: § increase the sharing of intelligence between the different agencies § improve training for those working at the front-line § better co-ordinate the agencies involved in the fight against intellectual property crime § monitor progress and success by publishing assessments annual national enforcement reports There are a number of key operational roles for UK-IPO, some of these are clearly related to research, with others directly impacting on front line enforcement. The UK shares its work and experiences with emerging economies such as China. UK-IPO has been involved in training of enforcement officers and has produced numerous reports on IP systems around the world. It has also produced a ‘roadmap’ for UK businesses to help them protect and enforce their rights in China. |
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1.2 Sector focus |
All sectors No specific sector |
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1.3 Institution (managing initiative) |
UK-IPO |
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2. Detailed Information |
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2.1 Start date |
2004 |
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2.2 End date |
Ongoing |
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2.3 Budget |
€ 2 million |
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2.4 Type of initiative
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Initial Information & Signposting Dedicated Information Provision: Roadmap for UK businesses in China Dedicated Services: Professional Advice Technical support for enforcers Training: Training courses for enforcement officers International Liaison & Actions by Business Organisations: Experience sharing with emerging economies Funding & Evaluation Public Access & Co-ordination Measures Other (specify): |
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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 |
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2.6 Stage in Enforcement Process |
All Stages Registration Business Planning / Strategy Investigations Administrative Procedures Litigation Other (specify): |
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3. Evaluation of Initiative |
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3.1 Overall appraisal |
Technopolis appraisal: 4 (1 = very unsatisfactory , 5 = very successful) |
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4. Further Information |
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4.1 Document References |
www.ipo.gov.uk/ipcrimestrategy.pdf Range of signposting and advisory material, such as reports, publications, databases, training kit etc. to be found on website below |
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4.2 Web Site |
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4.3 Contacts |
Phil Lewis UK Intellectual Property Office Senior Policy Adviser - IP Crime +44 (0) 1633 814506 |
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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” |
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Scottish Intellectual Assets Centre |
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1. General presentation |
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1.1 Overview |
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A service institution with a rather unique character deliberately offering IP and IPR support covering all forms of IP protection methods and having the idea of value-driven IP and IPR management at the heart of its offerings (rather than a sole increase of patent activities). The service consists of training and advice sessions with organisations in order to help them to identify IA management issues, appropriate tools and service providers. This session can be one-to-one or with a group of companies. The IA Centre has no explicit focus on SMEs; the service offerings cover all phases of IPR usage. The service portfolio offered by the IA Centre can be summarised as: · education to create awareness; · training and advice to build practical knowledge; · offering diagnostic and IA audit tools; and · signposting to help organisations identify IA management issues, appropriate tools and service providers. A number of these tools are available on the IA Centre website. They include information booklets, business simulations and games designed to understand issues more fully; and identification and diagnostic tools such as questionnaires, glossaries, and lexicons. A principal partner is the UKIPO. In the case of this service, some interventions have been run jointly. Other public sector intermediaries also work closely with the IA Centre to ensure that the specialist service can be accessed as widely as possible. Finally, private sector intermediaries (i.e. lawyers, business consultants), entrepreneurs, and academics have been involved as contributors in delivering the service. The involvement of private sector intermediaries also aims to encourage the development of a private sector supply of IA services in the future. |
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1.2 Sector focus |
Sector: No specific sector |
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1.3 Institution (managing initiative) |
Scottish Intellectual Assets Centre (Scottish Executive) |
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2. Detailed Information |
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2.1 Start date |
2003 |
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2.2 End date |
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2.3 Budget |
Annual budget (2005): £450,000 (around €700,000). Core funding provided by the Scottish Executive with other financial sources from Highlands and Islands Enterprise and the EU (e.g. Structural Funds). The IA Centre is securely funded until 2008. |
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2.4 Type of initiative
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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): |
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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 |
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2.6 Stage in Enforcement Process |
All Stages Registration Business Planning / Strategy Investigations Administrative Procedures Litigation Other (specify): |
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3. Evaluation of Initiative |
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3.1 Overall appraisal |
Austrian Institute for SME Research appraisal: In a “Customer Satisfaction Survey” carried out between Oct. 2004 and Febr. 2006 most customers claimed that the effectiveness of the IA Centre staff and the standard of the service was very high; 63 % had taken initiatives in IP management as result of the advice received; 96 % of the companies interviewed would recommend the service to other organisations. |
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4. Further Information |
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4.1 Document References |
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4.2 Web Site |
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4.3 Contacts |
Intellectual Assets Centre, Suite 6/6, SkyPark, 8 Elliot Place, Glasgow, G3 8EP Tel: +44 (0)141 243 4920, Fax: +44 (0)141 229 1498, Email: info@ia-centre.org.uk |
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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” |
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Anti-Counterfeiting Group |
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1. General presentation |
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1.1 Overview |
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The Anti-Counterfeiting Group (ACG) is a pan-industry trade association, funded by subscription and conference fees. It was founded in the UK in 1980 with just 18 members in the automotive industry, who discovered that they all had a common problem with counterfeit parts. The Group now represents nearly 200 organisations globally, operating in, or providing specialist advice to, most industry sectors where counterfeiting is an issue. ACG represents the interests of UK and international companies, manufacturing practically everything you can think of, from toothpaste to mobile phones, chocolate to car parts. The membership also includes lawyers, trade mark agents, product security companies and investigators, creating a unique environment for anti-counterfeiting interests to flourish and collaborate. Via lobbying, networking and awareness activities, ACG campaigns against the trade in fakes on behalf of consumers and legitimate business interests, in partnership with government and law enforcement agencies, and other rights organisations. ACG’s ultimate aim is to change society's perception of counterfeiting as a harmless activity, by exposing the worldwide economic and social cost of intellectual property crime. ACG’s remit is three-fold: § LOBBYING At UK and EU level, ACG engages with government and opposition representatives, working to improve legislative measures/harmonisation, increase resources for law enforcement to fight IP crime, encourage the development of a national IPR enforcement strategy in the UK and increased international collaboration, both between industry and law enforcement, and amongst the various international enforcement agencies (WCO, Interpol., TAXUD, Europol, SOCA etc). Also focus on UK local government to encourage priority for IPR enforcement for trading standards (also see partnerships below). § AWARENESS ACG campaigns to raise consumer awareness, including within education; we aim to obtain maximum media coverage within limited resources and publish electronically consumer leaflets and posters on various aspects of counterfeiting, which are offered for free use to members, trading standards and industry colleagues. We also provide information to the media for TV and published items about the trade in fakes, whether or not we are featured (though we always try to get a mention for ACG). To spread the word politically, our Director General attends and addresses government and opposition events wherever possible. Furthermore, we organise training sessions on law enforcement. ACG has just launched a new website and has recently launched a consumer campaign based around a fictitious criminal gang which controls much of the counterfeit trade in the UK. Because of limited resources this campaign will be mostly viral, promoted via a separate website, on YouTube etc., and we hope it will offer a useful model for other organisations of how to spread the word widely while not incurring enormous PR costs. Visit www.snideuk.org NETWORKING ACG runs law enforcement road shows all over the UK, inviting trading standards, customs and police in each region to come and meet brand owners, learn more about their products and the fakes on the market, and share information about latest developments and issues in IPR enforcement. We also hold two conferences each year for brand owners, specialist lawyers and law enforcement; for the autumn conference we invite international speakers, the spring conference focuses more on latest news in the UK/EU. PARTNERSHIPS ACG is a member of the Alliance Against IP Theft in the UK, of which ACG Director General Ruth Orchard is a vice-Chair; ACG is also a member of the Anti-Counterfeiting Committee of the European Brands Association (AIM) in Brussels. Both of these partnerships enable ACG to lobby more effectively than if we were a lone voice. We also partner with individual members on particular issues. The UK branch has close collaboration with other national ACGs around the world, and supports particular campaigns or issues they have when invited to do so. Finally, ACG’s work with the IP Crime Group (led by the UK IP Office) has created a valued partnership with government. |
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1.2 Sector focus |
Sector: No specific sector |
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1.3 Institution (managing initiative) |
Anti-Counterfeiting Group |
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2. Detailed Information |
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2.1 Start date |
1980 |
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2.2 End date |
Ongoing |
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2.3 Budget |
Annual budget (2007): £350,000 (around € 400,000). Core funding provided by annual membership subscription and conference fees |
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2.4 Type of initiative
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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): see above |
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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 |
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2.6 Stage in Enforcement Process |
All Stages NB: policy/lobbying/awareness/networking, not operational enforcement Registration Business Planning / Strategy Investigations Administrative Procedures Litigation Other (specify): |
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3. Evaluation of Initiative |
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3.1 Overall appraisal |
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4. Further Information |
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4.1 Document References |
See www.a-cg.org -> Publications |
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4.2 Web Site |
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4.3 Contacts |
Ruth Orchard, Director-General T: +44 (0)1494 449165 ACG Secretariat T: +44 (0)1494 449165 |
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4.4 Information Source |
IPR Enforcement Support Expert Group |
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Alliance Against IP Theft |
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1. General presentation |
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1.1 Overview |
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Pan-industry coalition of trade bodies with an interest or role in enforcement against intellectual property theft. The objective is one of awareness raising in national and regional political and public enforcement circles and of legislative reform to resolve loopholes and impediments to IP enforcement. Members include : Anti-Copying in Design, Anti-Counterfeiting Group, British Brands Group, British Jewellery, Giftware & Finishing Federation, BPI (British Recorded Music Industry), British Video Association, Business Software Alliance, Cinema Exhibitors Association, Copyright Licensing Agency, Design and Artists Copyright Society, Entertainment and Leisure Software Publishers Association, Entertainment Retailers Association, Federation Against Copyright Theft, Federation Against Software Theft, Film Distributors Association, Institute of Trade Mark Attorneys, Motion Picture Association, Premier League, Publishers Licensing Society, Video Standards Council Explicit focus on SMEs; the service offerings covering phases of IPR usage. Service portfolio offered include: · education to create awareness; · training and advice to build practical knowledge; · offering diagnostic and IA audit tools; and · signposting to help SME's find appropriate tools and service providers. |
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1.2 Sector focus |
Sector: No specific sector |
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1.3 Institution (managing initiative) |
Alliance Against IP Theft |
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2. Detailed Information |
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2.1 Start date |
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2.2 End date |
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2.3 Budget |
Annual budget (2008): £130,000 (€ 150,000) Funded by membership subscriptions |
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2.4 Type of initiative
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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): |
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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 |
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2.6 Stage in Enforcement Process |
All Stages Registration Business Planning / Strategy Investigations Administrative Procedures Litigation Other (specify): |
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3. Evaluation of Initiative |
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3.1 Overall appraisal |
“Customer Satisfaction Survey” etc… |
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4. Further Information |
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4.1 Document References |
Proving The Connection Practical Guide to Copyright & Trade Mark Enforcement IP infringement in the workplace – Risks to your Business |
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4.2 Web Site |
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4.3 Contacts |
Alliance Against IP Theft Chair: Lavinia Carey ( lavinia@bva.org.uk ) Director General: Susie Winter ( susie@allianceagainstiptheft.co.uk ) Vice Chair: Ruth Orchard ( ruth.orchard@a-cg.com ) Vice Chair: Richard Mollet ( richard.mollet@bpi.co.uk Treasurer: Michael Rawlinson ( michael.rawlinson@elspa.com ) |
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4.4 Information Source |
IPR Enforcement Support Expert Group |
