Post on 29-Jun-2020
Fragmented Strategies to
Successful IPR Enforcement
South Africa A J Lotheringen
AMCHAM 29 June 2017
PROBLEM
No comprehensive and cross-sector strategy to fight
counterfeiting
The CIPC, is ideally placed to rally all stakeholders
SOLUTION
- Information campaigns against counterfeiting,
- Agreement on common technical means for detecting
- Steps to reinforce the protection of IPR in Africa
The Challenge
WIPO Development Agenda -
Recommendation 45
To approach IP enforcement, in line with Article 7
(Objectives) of TRIPS = to ensure a balance in the IP
system, taking into account the needs and interests of all
countries, developed and developing, and all
stakeholders
Equilibrium between private rights
to encourage creativity and innovation, and protect IPR
the public interest
to access knowledge in the interest of sustainable development
Department of Trade and Industry
National Government (the dti)
To stimulate economic growth and participation by regulating business entities,
intellectual property and other juristic persons through registration of
companies, co-operatives and intellectual property rights;
Promoting compliance through education and awareness ,enforcing the
relevant legislation, rescuing business in distress and promoting sound
financial management practices in accordance with government law, policies
and international best practices
CIPC will support South African Inventors, artists and indigenous communities
through offering a basket of services which will start with creating awareness
around the opportunities that exist for protection of products that are the
outcome of their innovation and creativity
CIPC VISION
CIPC IP Enforcement
• Effective protection (Registration of trade marks and copyright)o Supported through physical enforcement actions to combat copyright
piracy and trade mark counterfeiting.
o The focus is on manufacturing and selling for commercial gain.
• Drive awareness and build capacity o of the increased risk of trade mark counterfeiting and copyright piracy.
• Reaffirm collaboration efforts within local government,
Internationally and Public Private Partnerships.
• Promote the macro economic benefits (Investment, Jobs,
Economic growth) to keep the Political heads informed and
canvass support for objectives.
CO-OPERATION
The efficiency with which counterfeit and pirated products are
being combated in South Africa depends on:
• the internal working relationship of all government agencies responsible
for the enforcement of the Act
• the co-operation and commitment of the IP holders, their agents and
representatives
• creating general awareness with the public
• guiding businesses into compliance.
IP RIGHTS INFRINGEMENTS
AND ENFORCEMENT
Balancing the rights and responsibilities through a strategy of co-
operation:
• Increases effectiveness
• Brings down costs
• Gathers intelligence
• Shortens period that goods must be stored
• Gathers intelligence for Organized Crime Operations
• Do not change what is working well
How are we going to achieve this ?
Collaboration Partnerships
Partnerships with all core partners are beneficial as they
provide for :
• Simplified processes
• Integrating multiple services through innovative collaboration
• Increase efficiencies
• Introducing services in completely new ways that benefit all parties
concerned.
Simplified processes
IntegrationIncreased efficiencies
Game Changers
Main Role-players
SAPS SARS
CIPCIPR
holders
Concurrent Responsibility
Custodian and Administration
• CIPC
Implementation
• CIPC Inspectors appointed through the CGA
• Customs division of the South African Revenue Service
(SARS) and the
• South African Police Service (SAPS)
Operational function
• Fostering a close working relationship with the Municipal and
Local Government Authorities,
• Private sector stakeholders and role players
CIPC/SAPS (Priority Crime Directorate)
Ad hoc complaints Detailed with a focus on Supply and
Manufacturing
Search and Seizure Operations Depot
National Prosecuting Authority Commercial
Courts
Conviction Sentencing Fines or Imprisonment
Destruction/Recycling
Existing Processes for IP
Enforcement in SA
Goods seized
Goods seized
Current situation
Law
enforcement
Right holders
Legal
advisors
CIPC
Reality
Stumbling blocks preventing effective
enforcement
Cooperative Benefit defined
• Benefit derived from individual contributions when they are
executed in unison
• Involves collaboration, cooperation, alignment, shared goal
• Understand the economic perspective on policies towards
IPRs enforcement
• Drawing key insights from the economic literature to identify
priorities for the allocation of scarce law enforcement
resources
Strategies for Cooperative Benefit
needed
Sweeping Search and Seizure Operations
Multi Government Agency approach with an industry specific
focus (Operation One Stop Shop)
• CIPC driven by identifying main industries:
o Creative sector
o Clothing and apparel
o Medicines and Consumer Goods
Sweeping Operations
CIPC Inspectors SAPS Detectives
Pro Active Joint Operations with all right holders on
board
Identified hot spots Pro Forma Complaint affidavits
on CIPC website
Multi Disciplinary Approach with a focus on a identified
Industry
Other Gov Agencies on board (Through the book at
them approach)
Health
Home Affairs SARS Duties Compulsory Standards
Lower Courts and Magistrate Court Prosecutors
Admission of Guilt Fines / Civil settlement
Information gathered and processed
Public Awareness
Goods in and out of Depot Lower storage costs
Recycling plant
Green destruction (Future PPP to set up)
Database created and Intelligence to be shared
with Hawks
New strategies
• Preventive actions, to complement ongoing enforcement measures
with a view to reducing the size of the market for pirated or
counterfeited goods (Intelligence driven to take out distribution and
manufacturing kingpins)
• True collaboration with a balanced approach towards creating
awareness and actively taking appropriate enforcement steps in all
deserving circumstances.(Market Sweeps)
• The “Be Your Own Buy Your Own” campaign piloted in South
Africa in 2013 that has proven effective as an alternative measure
to protect against counterfeiting and piracy. (Targeted public
awareness with a focus on the youth)
From Anti Piracy to Idea Conservation
CO-OPERATION
The efficiency with which counterfeit and pirated products are being
combated in South Africa and Africa is dependent on:
• internal working relationship of all government agencies responsible for
the enforcement of IPR
• co-operation and commitment of the IPR holders, their agents and
representatives
• creating general awareness with the public to address perception and
demand
10 Steps to Success
1. Forum for Brand holder engagement (Bringing stakeholders together)
2. Design a Compliance Portal for interaction Centralized Global Platform
3. Training Initiatives LEA and other that is consistently done and
centralized
4. Risk Mitigation Alignment Plan (Pro forma complaint affidavits)
5. Reinforcing Regional Forum interventions within SACU/SADC
6. Strategic approach to enforcement actions (landlord liability)
7. Different approach to awareness, education and marketing strategies. No
longer anti piracy but positive angle. Reward the right behavior
8. Accessibility of knowledge and relevant training materials
9. Law Enforcement Training Required
10.International Cooperation & Action
THANK YOU
CONTACT DETAILS FOR ENQUIRIES :
Tel: 012 3941512 / 082 497 4605alotheringen@cipc.co.za