Association Takes Part in Anticounterfeiting Events in Indonesia, Nigeria, Thailand, and the United States

INTA Co-Hosts 12th Annual Policy Dialogue with the Anti-Counterfeiting Collaboration, Nigeria

On October 31, INTA co-hosted its 12th annual policy dialogue with the Anti-Counterfeiting Collaboration, Nigeria (ACC-Nigeria) in Lagos on “Addressing the Impact of Counterfeits and Piracy on the Ease of Doing Business.” INTA was represented by INTA Board Member Uche Nwokocha (Aluko & Oyebode, Nigeria), who set the stage for the theme of the day; Anticounterfeiting Committee Member Mark Mordi (Aluko & Oyebode, Nigeria), who introduced the work of the Anticounterfeiting Committee and Unreal Campaign; and Asia and Africa Subcommittee Chair Lara Kayode (O. Kayode & Co., Nigeria), who presented on the Unreal Campaign.

Desmond Adeola (Unilever, Nigeria), chair of ACC-Nigeria, welcomed the attendees to the dialogue and introduced Ahmed Mansur of the Manufacturers Association of Nigeria, who delivered the keynote address. The first panel of the day focused on the perspective of the public sector and featured speakers from the Trademarks, Patents, and Designs Registry, the National Agency for Drug Administration and Control (NAFDAC), the Standards Organization of Nigeria, and the Nigeria Customs Service. Segun Ajayi, Director General, Manufacturers Association of Nigeria, discussed how counterfeiting impacts the manufacturing business in Nigeria. Mr. Ajayi emphasized that counterfeit products harm consumers, brand integrity, and the economic growth of the country. Kingsley Ejiofor, Director of Enforcement, NAFDAC, raised the issue of awareness and how educating consumers and policymakers is a critical piece in combating counterfeiting, in addition to strong collaboration among stakeholders.

The second and third panels of the day focused on the perspective of the private sector and the role of policymakers in IP rights enforcement. Speakers included Cameron Walker (Beiersdorf, UAE), Chinedum Chijoke (Sproxil, Nigeria), Andy Davis (Hewlett Packard, Kenya), Adefunke Evbodaghe (GlaxoSmithKline, Nigeria), Katherine Kaetzer-Hodson (U.S. Embassy, Nigeria), and Oghogho Makinde (Aluko & Oyebode, Nigeria). Speakers shared case studies in the region and best practices on anticounterfeiting enforcement. The workshop closed with the concluding remarks that all stakeholders in the enforcement, legislative, and private sectors must work together to strengthen anticounterfeiting enforcement.

INTA Participates in Third UK IP Enforcement Program

The UK Intellectual Property Office (UKIPO) and the Thai Department of Intellectual Property (DIP) hosted the Third UK IP Enforcement Program on November 13 and 14 at the Shangri-la Hotel, Bangkok. The UKIPO and the DIP invited IP officials from Indonesia, the Philippines, Thailand, Vietnam, and the UKIPO to attend this event. The purpose of the workshop was to discuss IP enforcement challenges in the region from a policy and industry perspective and to learn, share, and develop ways of effectively enforcing IP rights.

The Economic and Prosperity Councilor and the UK Permanent Representative to UNESCAP, Andrew Beirne of the British Embassy of Thailand, and the Director of the DIP Thailand, Chakra Yodmani, made the opening and welcoming remarks, respectively. A number of UKIPO representatives and brand owners spoke at this event. The UKIPO invited INTA to speak on the subject of “IP Enforcement of Physical Goods.” Wiramrudee Mokkhavesa (Tilleke and Gibbins, Thailand), a member of INTA’s Anticounterfeiting Committee, spoke on INTA’s behalf.

Ms. Mokkhavesa spoke about INTA’s background and mission, its members, and its Strategic Plan. She highlighted the value of trademarks and brands to a country’s GDP, and the value of exports and employment with regard to the five major markets in Southeast Asia. She noted that tackling anticounterfeiting is one of INTA’s main priorities and described the impact of counterfeiting on businesses globally. She also introduced the activities and projects of the Anticounterfeiting Committee and the Unreal Campaign.

Ms. Mokkhavesa presented two interesting cases about actions taken against goods in transit and also spoke about actions taken from online discovery of infringement to offline actions against large quantities of counterfeit goods.

She stressed that cooperation between government agencies and the private sector is vital to developing and putting into place strong and effective policies against anticounterfeiting.

INTA Holds Policy Dialogue in Jakarta on “Combating Counterfeits and Protecting Consumers”

On November 15, the Indonesian Anti-Counterfeiting Association (MIAP) and INTA held a one-day policy dialogue and roundtable discussion on “Combating Counterfeits and Protecting Consumers in Indonesia” at the Shangri-la Hotel in Jakarta. The forum hosted about 100 participants during the open-door morning session with the focus on government officials’ perspective on current trends and challenges in combating counterfeits in Indonesia.

Product counterfeiting is a challenge for several industries worldwide. INTA’s report, “The Economic Impacts of Counterfeiting and Piracy,” found that in 2017, the economic loss from counterfeiting and piracy was estimated to reach USD 2.8 trillion in 2022. In Indonesia, MIAP survey findings showed an increasing economic loss from product counterfeiting. In 2005, economic loss reportedly reached Rp 4.41 trillion (approx. USD 30 million), and sharply soared to Rp 65.1 trillion (approx. USD 45 billion) in 2014.

IP enforcement and consumer protection in Indonesia is a top priority for INTA. Indonesia, a country with nearly 268 million people, equivalent to 3.5 percent of the total world population and representing the fourth largest country in the world by population, has recently revised and implemented several IP laws to protect brands and boost innovation; however, counterfeits are still rampant in the country.

The policy dialogue began with opening remarks from MIAP Chairman Justisiari P. Kusumah and Valentina Salmoiraghi, INTA’s Anticounterfeiting Advisor, Asia-Pacific. Also present at the event was the Director of the National Police Cyber Crime Investigation, Police Brigadier General Albertus Rahmad Wibowo, S.I.K., M.I.K,. who delivered a keynote speech focusing on sharing challenges and highlighting the mutual benefit of coordination and cooperation between law enforcement and brand owners. Mr. Wibowo also noted that artificial intelligence should be used to tackle counterfeits and to collaborate at a global level for a more efficient enforcement.

During the first part of the policy dialogue, speakers from the Directorate General of Intellectual Property, the Indonesia Police, and Indonesian Customs provided their presentations and exchanged views in relation to cooperation and coordination to protect consumers in Indonesia and for effective IP enforcement.

Yurod Saleh, S.H., M.H., Director of Investigation and Dispute Resolution, Directorate General of Intellectual Property (DGIP), spoke about the country’s awareness campaign of enforcement in recent years, as well as the main importance of education campaigns for consumers. The DGIP closely cooperates with enforcement authorities in providing information on trademark filings to support investigations.

AKBP Sri Hendrawati from the Criminal Investigation Unit Headquarters Police shared her experience and best practice on case reporting and investigations. In 2013, only 11 cases were reported to the police, while after the implementation of new regulations in 2012, the number increased dramatically and efficiency and proactivity also increased. She also highlighted the coordination with other government agencies to help during the investigation process, such us cooperation with the DGIP to be invited as an expert witness, as well as support from brand owners. The police also explained that the investigation process requires time to comply with the complexity of the procedure once a dossier is provided to the prosecutor’s office.

Khorul Hadziq, Head of Intelligence Section Prohibition of Restrictions and Transnational Crime, Directorate of Enforcement and Investigation, Directorate General of Customs and Excise, provided a very detailed presentation on the customs enforcement system for trademark and copyright enforcement in the country, including the recordal process, detention process, and revocation of recordation. The customs process is complaint-based and it is based on the assumption that brand owners would have registered their IP with customs first. Mr. Hadziq thanked INTA for the submission of recommendations on the implementation of Government Regulation No. 20 of 2017 for customs recordal in the country.

During the second panel session, a closed-door roundtable discussion among brand owners, digital commerce service providers, and Indonesia law enforcement authorities included sharing best practices and suggestions. Representatives of the lubricants and oil industry, idEA (Indonesia e-commerce association), and government representatives discussed exchanges from brand owners on common challenges and shared best practices from digital commerce service providers. Trisna Satrio Wicaksono (idEA, Indonesia) shared the procedures of take down notice to protect consumers from counterfeits, and industries recognized that online enforcement through take down notice is satisfactory in Indonesia.

Eka Alludin (Castrol Indonesia BP, Indonesia) and Isfan Nasution (Shell, Indonesia) shared their experience of global efforts to protect their brands, including cooperation with local authorities, market monitoring, investment in innovation, and education. In relation to Indonesia, brand owners expressed the need for a more proactive approach by the police in performing raids during investigations and identifying the manufacturers as the source of the infringement.

INTA Submits Recommendations to the Fourth U.S. Joint Strategic Plan for Intellectual Property Enforcement

The INTA Anticounterfeiting Committee submitted comments at the request of the U.S. Intellectual Property Enforcement Coordinator (IPEC) for comments to the fourth U.S. Joint Strategic Plan, covering the three-year period from 2019 through 2021.
Highlights include:

Sharing information with brand owners to identify counterfeits;
Creating recordation systems-preferably tied to the registration system-that can provide electronic notices to brand owners;
Harmonizing practices from port to port;
Developing an administrative procedure to deal with small packages;
Exploring new technologies to keep counterfeits out of the United States;
Increasing public awareness about the harms of counterfeiting;
Establishing and conveying a mechanism to enhance communication and transparency at the national level and international level among the governmental agencies involved in enforcing trademarks;
Strengthening ongoing partnerships and bilateral working groups with enforcement bodies of other countries; and
Encouraging other countries to establish procedures and a legal framework to halt the transshipment and transit of counterfeit goods in free trade zones and free ports.

For more information on INTA’s anticounterfeiting activities, please contact INTA Anticounterfeiting Manager, Maysa Razavi, at[email protected] or Anticounterfeiting Senior Coordinator, Tiffany Pho, at [email protected].

Although every effort has been made to verify the accuracy of items in theâ€¯INTA Bulletin, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.