Raising Awareness of the Dangers and Economic Costs of IPR Infringements Xavier Vermandele Legal Officer, Building Respect for IP Division

Transcription

1 Raising Awareness of the Dangers and Economic Costs of IPR Infringements Xavier Vermandele Legal Officer, Building Respect for IP Division UNECE Team of Specialists on Intellectual Property 5th Session Geneva July 7, 2011

2 2 1. WIPO Policy Framework Strategic Goal VI: International Cooperation on Building Respect for IP Goal: Creating an enabling environment promoting respect for IP in a sustainable manner => goal which is more inclusive than the narrower concept of enforcement Means: Balanced strategy (right holders consumers society and public authorities) based on international co-operation > Program 17

3 3 1. WIPO Policy Framework In the spirit of Recommendation 45 of the WIPO Development Agenda: To approach intellectual property enforcement in the context of broader societal interests and especially developmentoriented concerns, with a view that the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations, in accordance with Article 7 of the TRIPS Agreement.

4 4 1. WIPO Policy Framework Implementation of Strategic Goal VI: Program 17 Building Respect for IP twofold purpose: International level: Informed and empirically wellfounded policy discussions to support the creation of an enabling environment promoting respect for IP in a sustainable manner. National level: Strengthening the capacity of the Member States for the effective enforcement of IPRs in the interests of social and economic development and consumer protection.

5 5 2. Awareness-Raising Holistic approach of Building Respect for IP Awareness-Raising of all the stakeholders as part of any national IP enforcement strategy

6 Awareness-Raising - ACE Awareness-Raising is a key issue for WIPO Member States, as reflected in: the third session of the Advisory Committee on Enforcement (ACE) in 2006: Awareness-raising of decision-makers in the private and public sectors (see: the current work-mandate of the ACE

7 Awareness-Raising - ACE Current work-mandate of the ACE (see conclusions of the Chair 5th session, 2009): Includes Identification of different types of infraction and motivations for IPR infringements, taking into account social, economic and technological variables and different levels of development Analysis of reasons that fuel counterfeiting and piracy, including consumer behavior and motivations In order for them to act on the demand-side, the Member States expressed the wish of more guidance and tools

8 Awareness-Raising - ACE Within this Framework 1) BASCAP Research Report on Consumer Motivations ( _ace_6/wipo_ace_6_6.pdf Based on desk research and consumer surveys in 5 countries (India, Mexico, Russia, South Korea, United Kingdom) Identification of different consumer categories, e.g.: Happy purchasers : counterfeit goods as smart purchase Struggling Consumers : lowest income level; concentrate on basic needs; do not question origin of goods Robin Hoods : consider branded goods as overpriced and big corporations as unethical; rejection of established order

9 9 2.1 Awareness-Raising - ACE 1) BASCAP Research Report on Consumer Motivations Top drivers (average): Low price and availability Low risk of penalties Social acceptance Top deterrents (average): Risks for health and safety (34%) Better service and warranty (15%) Support of organized crime (10%) Risks for own equipment (9%) ( ) Risks of liability (5%)

10 Awareness-Raising - ACE 1) BASCAP Research Report on Consumer Motivations Messaging: Focus should be on making understanding the benefits of going genuine Negative reaction to «shocking» images and texts, question of credibility Most credible spokespersons: victims

11 Awareness-Raising - ACE 2) SSRC Media piracy (optical disk piracy) in emerging markets ( _ace_6/wipo_ace_6_5.pdf): Finds that enforcement and educational efforts so far had little impact on the overall supply of pirated goods Main factors are low incomes vs. high prices of original goods Finds that, compared to local incomes, the average retail price of original CDs or DVDs is five to ten times higher in emerging markets Pirated goods perceived as main form of access to a wide range of cultural goods and software Focus, therefore, should be on pricing and a viable business model debate, rather than law enforcement

12 Awareness-Raising Intern. Coop. Example: Sixth session of the Global Congress on Combating Counterfeiting & Piracy Paris, February 2011 Topic on The Power of Education and Awareness in Building Respect for IP, aimed at discussing the development of new tools through collaboration between governments and the private sector

13 Awareness-Raising - Activities In WIPO capacity-building activities relating to enforcement, the issue of Awareness-Raising is systematically dealt with. Specific project in cooperation with the US State Department s Office of Intellectual Property Enforcement

14 Awareness-Raising - Activities Said project: Development, customization and dissemination of a set of information on how to increase public awareness about how IPR infringement activities can threaten public health and safety Goal: Toolkit for Member States, adaptable in function of national needs Intends to bring together the private sector, the civil society (consumer associations), media, and the key public authorities - Cooperation

15 Awareness-Raising - Activities Said project: Pilot workshops in three countries on how to launch a national public awareness campaign on the dangers of counterfeit products and goods taking into account national needs follow-up after the workshops

16 16 3. Conclusion Building Respect for IP Holistic approach Awareness-raising activities as a key part thereof

17 17 THANK YOU FOR YOUR ATTENTION!