Fact Sheet
Counterfeiting

 Model State Anticounterfeiting Bill
    
     Guide to Understanding the Model State Anticounterfeiting Bill

Nokia Corporation v. Her Majesty’s Commissioners of Revenue and Customs (HMRC)

 UK Court of Appeal submission

INTA Position: the Court should refer to the Court of Justice of the EU the question whether the EU Counterfeit Goods Regulation permits local customs authorities to seize counterfeit goods that are in transit but not intended for sale in a member state

Outcome: UK Court of Appeal referred the case to the Court of Justice of the EU and granted INTA formal leave to intervene in the subsequent hearing

 Court of Justice written submission

 Court of Justice oral hearing submission

Oral argument was heard on November 18, 2010 in Luxembourg. INTA was represented by Nicholas Saunders and Matthew Harris.

INTA Position: the EU Counterfeit Goods Regulation is intended to permit local customs authorities to seize counterfeit goods that are in transit but not intended for sale in a member state

Outcome: The Advocate General's opinion will be presented at a public hearing on February 3, 2011. The date of the court's judgment is not yet known.


 Tiffany (NJ) Inc. v. eBay, Inc.

INTA Position: The U.S. Supreme Court should grant certiorari in order to resolve a conflict among the courts of appeal regarding the knowledge required to impose contributory infringement liability on the operator of an online marketplace for the sale, by third parties, of counterfeit and infringing merchandise

Outcome: The petition for a writ of certiorari was denied

 Criminal Prosecution against Counterfeiting in the EU   Appendix  (2009)
Provides information to facilitate ongoing discussions between INTA and EU policymakers on criminal prosecution of trademark counterfeiting. Anticounterfeiting and Enforcement Committee’s European Union Subcommittee 


 The Economic Impact of Trademark Counterfeiting and Infringement: Estimation of the Impact of Trade (1998)
INTA asked econometrics firm WEFA, Inc. to develop an economic model to quantify losses to trademark owners due to infringement and counterfeiting. 

 INTA comments on Nominet Consultation: Dealing with domain names used in connection with criminal activity
From: INTA Anticounterfeiting and Internet Committees
To: Nominet
Date: September 16, 2011

 INTA letter in support of S.1228, the U.S. Combating Military Counterfeits Act
From: INTA Executive Director Alan Drewsen
To: Senator Sheldon Whitehouse
Date: July 27, 2011

 INTA Response to U.S. Trade Representative's Request for Written Comments on the Anti-Counterfeiting Trade Agreement
From: INTA President Gerhard Bauer
To: U.S. Trade Representative Ron Kirk
Date: February 15, 2011

 Supporting introduction of U.S. bill entitled “Combating Online Infringements and Counterfeits Act,” which would provide additional tools for the Department of Justice to prosecute websites designed to infringe copyrights or to sell counterfeit goods
From: INTA President Heather Steinmeyer
To: U.S. Senator Patrick Leahy
Date: September 17, 2010

 Concerns about a recommendation in a study to be published in the British Journal of Criminology which suggests that police resources should not be used for criminal anticounterfeiting enforcement for “non-safety critical goods,” and that the entire burden of enforcement rests with the trademark owner
From: INTA, the International Anti-Counterfeiting Coalition ICC’s Business Action to Stop Counterfeiting and Piracy, and the U.S. Chamber of Commerce’s Global Intellectual Property Center
To: U.S. Intellectual Property Enforcement Coordinator Victoria Espinel
Date September 9, 2010

 Recommendations to limit the scope of ACTA to trademark counterfeiting and copyright piracy; Include provisions to deal with goods in transit and transshipment; Delete the de minimis provision that would explicitly allow consumers to buy counterfeit goods and exclude small consignments in customs inspections.
From: INTA and ICC BASCAP
To: ACTA Negotiators
Date: June 24, 2010 

 Recommendations and comments regarding the Summary of Key Elements of the Anti-Counterfeiting Trade Agreement released by ACTA negotiating governments in April 2009
From: INTA, on behalf of the ACTA Business Response Group
To: ACTA Negotiators: USTR Ambassador Ron Kirk, and EU Commission DG Trade IP Unit Head Luc Devigne
Date: July 1, 2009

 Comments on Anticounterfeiting Provisions (Bill 333/99) 
 Cover Letter
Prepared by Latin America & the Caribbean Subcommittees of the Legislation and Regulation and Anticounterfeiting and Enforcement Committees
From: INTA President Rhonda Steele
To: Argentine National Congress
Date: August 7, 2008 (comments dated July 18, 2008)

 Joint statement of support of the negotiation of the proposed Anti-Counterfeiting Trade Agreement (ACTA)
From: INTA and ICC BASCAP
To: U.S. Trade Representative; later submitted to the Permanent Representatives of the EU member states
Date: March 19, 2008

Governmental and Intergovernmental Organizations

WIPO Advisory Committee on Enforcement (ACE) 

INTERPOL IPR Programme 

European Observatory on Counterfeiting and Piracy 

United States National Intellectual Property Rights (IPR) Coordination Center 

Office of the U.S. Intellectual Property Enforcement Coordinator (IPEC) 

International IP Crime Investigators College


Other Organizations

Global Congress on Combating Counterfeiting and Piracy
Contact: Parvis Hanson, Global Congress Secretariat

US Chamber Global Intellectual Property Center 

International Chamber of Commerce’s Business Action to Stop Counterfeiting and Piracy 

International Anti-Counterfeiting Coalition 

The Anti-Counterfeiting Group 

The Global Anti-Counterfeiting Network 

The Canadian Anti-Counterfeiting Network

Canadian Intellectual Property Council 

Quality Brands Protection Committee

Anticounterfeiting Committee

• North America Subcommittee
• Middle East, Africa & South Asia Subcommittee
• Latin America & Caribbean Subcommittee
• European Union Subcommittee
• Eastern Europe & Central Asia Subcommittee
• East Asia & Pacific Subcommittee
• China Subcommittee

INTA staff liaison
Candice Li
External Relations Manager, Anticounterfeiting
cli@inta.org