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Charting the New Frontiers of Intellectual
Property Protection of Luxury Goods
Wednesday 20 June, ECTA Palermo
Blue Lotus: Pernod Ricard’s structure to
fight against counterfeiting in China
Cyril Sayag, Vice President, Legal & Public Affairs
Pernod Ricard Asia
2
Premium and Prestige Spirits
Wine & Spirits
Annual turnover in 2010-2011
PERNOD RICARD: KEY FIGURES
7,081M€
Co-leader
Number 1
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3
PERNOD RICARD: ICONIC PRODUCTS
3
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AND MANY OTHER BRANDS…
Entrer
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PERNOD RICARD IN ASIA
Asian markets leader
1/3 of group activity
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Number 1 in China, India, Japan
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COUNTERFEITING IS A MAJOR CHALLENGE
Risk to brand equity
Consumer confidence
Loss of revenue
Serious health concerns
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WHY ARE WE SPECIAL?
Counterfeit products destined for human consumption, must be treated
more seriously than any other type of IP infringement
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WHAT WE NEED TO PROTECT
Absolut
Chivas
Martell
Swedish
Scottish
Cognac
Vodka
Whisky
Brandy
Trademark
Geographical
indication
Product
category
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WHY DOES COUNTERFEITING OF ALCOHOL OCCUR?
PROFIT
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PERNOD RICARD RESPONSE
An organisation and a motto
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A COMPREHENSIVE REGISTRATION STRAGEGY
Portfolio of rights regulary expanded and audited
Martell and Chivas recognised as well known trademarks
GI registrations of Champagne, Scotch Whisky, Cognac, etc
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WHAT DO YOU NEED TO DO FIRST?
… Be local
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2 major national Chinese law firms
18 local law firms
We cover the whole territory…
Beijing SinoUnited
Shandong Xi Zheng Law Firm
Zhejiang Yueren
Jiangsu Binhai Fanji
Guangzhou
TransCathay
Guangdong Yangcheng
Anhui Jinsheng
Heilongjiang Zhengkai
Fujian Huada
Sichuan Jinling
Guangxi Chuangxiang Shanghai
AIAL
Hunan Bo’ao Wuhan Dacheng
Jiangxi Kangrun
Shanxi Fengwei
He’nan Guochuan
Wanqi
13
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WHAT DO YOU NEED TO DO?
… Don’t do it alone
A common investigation structure to lower costs and raises efficiency by
pooling financial resources
4,000 raids conducted in the past 12 months
170+ training seminars in 130 cities 14
7 industry players federated
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TACKLE THE WHOLE VALUE CHAIN
BOTTLE
ALCOHOL LABELS
CLOSURE
Dry goods Manufacturing Distribution
& retail
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… Make it difficult
WHAT DO YOU NEED TO DO?
First mover in industry to develop a highly reliable
authentication system
Closing systems, labeling
Traceability
Authentication system
Consumer devices
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MAKING USE OF THE FULL RANGE OF LEGAL MEANS
Criminal code: Articles 213 (using identical trademark on identical goods ), 214
(selling merchandise bearing counterfeit trademark) and 215 (forging registered
trademarks)
Doping or adulterating products, replacing genuine items with fake items, selling
seconds at best quality prices or passing off sub-standard products as up-to-
standard products (Article 140 of the Criminal Law)
Trademark law, civil law, food safety law, product quality law…
“Serious
Circumstances”
(0 to < 3 years
imprisonment)
“Exceptionally Serious
Circumstances”
(> 3 years but < 7
years imprisonment)
“Serious” and 2 or
more marks
involved**
“Exceptionally
Serious” and 2 or more
marks involved**
Illegal turnover* RMB
50,000 and above
Illegal turnover RMB
250,000 and above
Illegal turnover RMB
30,000 and above
Illegal turnover RMB
150,000 and above
Illegal income RMB
30,000 and above
Illegal income RMB
150,000 and above
Illegal income RMB
20,000 and above
Illegal income RMB
100,000 and above
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HOW TO GET A GOOD RETURN ON THE INVESTMENT?
Prosecute the producers
- Launch criminal action (45 criminals in the past 12 months)
- Push for civil action on top of criminal (1st successful case in Chengdu)
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RMB 150,000
4 years
KEY CRIMINAL CASE: DAXING CASE
June 2010: first major criminal case for PR
• 6 lobbying missions in total
• Criminal sentenced for the crime of Trademark
Infringement
• Case ranked among ‘Top ten 2010 Intellectual
Property cases’ by China Supreme People’s Court
• Case reported in the press and on Beijing TV
20
KEY CRIMINAL + CIVIL CASE: CHENGDU
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January 2011: destruction of fake spirits by Chengdu Municipal Bureau of
Commerce jointly with Chengdu Municipal PSB
RMB 28,000
6
offenders 2008: a successful criminal case for PR
- First a successful criminal case
- Civil action to cripple the main offender’s
criminal enterprise 8 years
21 21
RMB 300,000
March 2012: a landmark civil case for PR
- Offender to pay RMB 300,000 after signature of a
settlement with Brand Owners
- Criminal sentenced for the crime of Trademark
Infringement
- Publication of a notice of public apology in local
media 1 offender
KEY CRIMINAL + CIVIL CASE: CHENGDU
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HOW TO GET A GOOD RETURN ON THE INVESTMENT?
Prosecute the retailers
- Launch administrative actions
- Launch criminal action for big retailers (Wuhan case)
- Civil action on top of criminal action when possible
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KEY CASE: WUHAN CASE AGAINST
RMB 610,000
5 years
February 2012: a breakthrough case against a retailer for
PR
• Wuhan is rather notorious for local protectionism and
Wuhan the Wuhan PSB was initially very reluctant to
proceed with a criminal action
• 5 people convicted – no probation
• Very high illegal value of crime: RMB 1.1 million
• Up to this case, Wuhan’s courts had always imposed
suspended sentences on attempted IP crimes in the past
• Case awarded "Top 10 Consumer Goods Cases of
Wuhan" by local government
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Major provincial seminar organized in Guangzhou, Chongqing and Xiamen with various authorities like
Wine Monopoly Bureau, PBB
6 Visits by Brand Owners to China in 2011/12
Local missions organized by Brand Owners and PRC to visits to local AIC, prosecutors, judges
Of raids conducted on manufacturing or storage sites led to potential criminal cases
95%
3
Co chair
Number of PR brands submitted by Brand Owners to State Administration of Industry & Commerce guidebook
12
60+
SUPPORTING OUR ACTIONS: LOBBY IN 2011/12
Pernod Ricard China was co-chair of the IP working group
of the European Union Chamber of Commerce
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’
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THE WAY AHEAD
Continue to expand to new battlegrounds
- Fight counterfeiters on the Internet
One voice for a united industry
- Together with domestic and foreign brand owners
- Hand in hand with our producing countries authorities
- With the Chinese authorities
A sustained engagement
29