2007年6月29日星期五

COMMUNITY CUSTOMS ACTIVITIES ON COUNTERFEIT AND PIRACY


European Commission's Taxation and Customs Union: SUMMARY OF COMMUNITY CUSTOMS ACTIVITIES ON COUNTERFEIT AND PIRACY - RESULTS AT THE EUROPEAN BORDER 2006

Some highlights:

1 "In terms of overall quantities seized, China remains the main source for counterfeit goods, with over 80% of all articles seized coming from there. However, it should be noted that with regard to the number of cases treated by customs, the selection is far more widespread and China only accounts for a third of the cases."

2 "In the medicines sector, India is the number one source, followed by the United Arab Emirates and China. Together these 3 sources are responsible for more than 80% of all counterfeit medicines. In other cases, other countries predominate; in the food sector Turkey remains the main source and in the electrical equipment sector Malaysia has become the main source."

The summary points out that "reliable figures are required, in order to be able to better understand the scope and extent of the problem, which has become a global phenomenon. To this end, the Commission is committed to ensuring that relevant statistical data on customs actions in the EU is analysed and shared with customs in a timely manner. In addition, the Commission will continue to pursue the possibility of exchanging such data with customs in third countries, in accordance with relevant customs cooperation provisions that apply."

In May, U.S., China Customs Agreed to Combat Global Trade in Counterfeit Goods during the second meeting of the Sino-U.S. Strategic Economic Dialogue. This memorandum of cooperation on intellectual property rights calls for, among other things,

1 exchange of significant intellectual property rights seizures information each quarter in order to track violators and conduct enforcement actions. The country receiving information will have 90 days to report to the providing country on enforcement actions resulting from this disclosure of information.

2 exchange of counterfeit and pirated goods seizure statistics every six months for goods originating in or destined for the other country. The statistics exchange will describe the number of seizures, quantity and value of goods, description and/or Harmonized Tariff Schedule classification of the commodities, mode of transportation and the main ports of import and export for the goods in the two countries.

Mu Xinsheng, Minister of Customs for the General Administration of Customs of the People’s Republic of China, told some background stories about the Sino-U.S. customs cooperation in an interview:

"美国对我们的知识产权保护,包括海关的知识产权边境保护一向颇多指责,态度强硬。最常见的是拿美国海关查获的源于中国的侵权产品说话。我们曾一再要求美方将其查获与我国有关的进口侵权货物的信息向我方通报,以便中国海关有针对性地加强执法,但是一直没有得到有效的回应。

2006年12月中旬,美方向我们提出了签订中美双方海关知识产权执法合作备忘录的要求,并提供了合作备忘录的建议文本。由于今年4月初美方决定将中美知识产权争端提交WTO争端解决机制解决,中美海关知识产权保护执法合作备忘录工作曾一度暂停。"

See THE ECONOMIC IMPACT OF COUNTERFEITING AND PIRACY PART IV. EXECUTIVE SUMMARY produced by OECD from a global, economic view.

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