MONTREUX, Switzerland--(BUSINESS WIRE)--
IP Law European
Summit 2011
Montreux, Switzerland, 10 - 12 April
Interview with: Thomas Pattloch, IP Officer EU Delegation, Beijing, European Commission
Intellectual property (IP) protection is a growing area of concern for businesses. High levels of profits are being generated through IP infringement with most consumer products falling prey to imitation or counterfeiting activities. According to Thomas Pattloch, IP Officer EU Delegation, Beijing, European Commission, robust IP protection is needed to eradicate growing problems such as internet sales of counterfeits, cross-border trade of fake products and safe havens for counterfeits. Pattloch is a speaker at the marcus evans IP Law European Summit 2011 taking place in Montreux, Switzerland, 10 - 12 April.
What regional and global intellectual property rights (IPR) initiatives are you involved in?
Thomas Pattloch: “We are working with the Chinese Government and European and US industry on international IP protection. Through a more consistent and sustainable effort and a network of IP professionals, we are trying to battle counterfeiting more efficiently. China has a major impact on IPR protection simply because it is the factory of the world. A lot of counterfeit goods originate from there. Last year in Europe, for example, 54 per cent of all fake and counterfeit goods intercepted at European borders were from China. We are working on joint standards for customs. Through an EU-China IP action plan on customs protection we are developing best practices at ports and airports in Europe and China where customs authorities exchange statistics and risk information to improve the tracking of counterfeiting.
We also promote fair market access often blocked by abuses of foreign trademarks (trademark squatting) or irregular re-registration of foreign patents (junk patents). We try to jointly define what bad faith trademark applications are and how to promote quality patents. For strengthening enforcement, we promote a predictable standard what level of evidence is needed to stop trademark and patent infringements, which are still very strong in China.
Also, with the help of the European Chamber of Commerce we are designing the Anti-Counterfeiting Rapid Intelligence System, which enables companies to share information about their enforcement efforts on a global scale.”
How is enforcement of IPRs being strengthened and is it enough of a deterrent?
Thomas Pattloch: “As part of a mosaic effort by many countries and companies, we are creating a system of cooperation and technical assistance. Such assistance is needed to enable businesses to work in a legal and level playing field environment where they can compete under fair and non-discriminatory conditions. We are also focused on awareness-raising and spreading best practices to find common solutions to problems that reoccur globally.
We have certain international agreements which demand quite a high standard of anti-counterfeiting protection. The most notable one is the TRIPS Agreement, which has been subject to criticism by developing countries. These standards would be enough if they were actually implemented. Effective protection of intangible properties is about the ability to build an environment where these laws can be put into practice so it is not dead letter law. It is more about a rule of law, a level playing field and the decision of nations to focus on both innovation capabilities and a reward system for those who contribute to the growth of the country through creations and inventions.”
What are the systemic weaknesses of China’s enforcement system?
Thomas Pattloch: “China’s enforcement system lacks accessibility. Access is often hampered by the difficult procedural rules to comply with. It starts with the power of attorney, which has to be notarised and legalised for foreign right owners. It goes on with a high burden of evidence required in order to get enforcement underway.
Also, if there was a stronger political will at all levels to crackdown more on IP infringements, it is possible that progress would be made more quickly.”
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