INTERNATIONAL TRADEMARK ASSOCIATION

That’s Just Tip of the Iceberg

INTERNATIONAL TRADEMARK ASSOCIATION

With More then 630 FTZs

INTERNATIONAL TRADEMARK ASSOCIATION

DISRUPTING THE ROUTING

ROUTING OPPORTUNITIES FOR COUNTERFEITERS ARE

UNLIMITED

ALL WE CAN DO FOR NOW IS TO

DISRUPT

WE CANNOT ELIMINATE THE PROBLEM

INTERNATIONAL TRADEMARK ASSOCIATION

Glimpse• Operation “FAKE” – EU Customs & European Anti-Fraud

Office (OLAF) -November 2005 (http://ec.europa.eu/anti_fraud/fake/press/case_en.pdf)

• From Ningbo (China) to Antwerp (Belgium) on Vessel

• Unloading in Antwerp (Belgium) to Warsaw (Poland) via Road (did not make sense to Customs Officer)

• Declaration on papers – plastic bowls

• Discovery on inspection – counterfeit cigarettes

INTERNATIONAL TRADEMARK ASSOCIATION

Types of Counterfeiting Operations through FTZs

• Re-export and distribution after ‘sanitizing’ documents

• Re-packaging or labeling of unfinished goods and then exporting then as finished goods

• Complete manufacturing of counterfeit goods

INTERNATIONAL TRADEMARK ASSOCIATION

Solutions• LEGISLATE – that transshipment and transit of

counterfeit goods is infringement of trademark rights – avoid situations like AM Moolla Group Case in South Africa or Diesel Case in EU

• TARGETED RISK ASSESMENT – of course, inspection of all containers is impossible – but special risk assessment operations are always possible – will certainly cause disruption

• IT’S A CRIME, NOT A REVENUE LOSS – right holders want to get the crooks and national authorities also want to get the crooks but do not want reduction in revenues – we need to talk priorities

INTERNATIONAL TRADEMARK ASSOCIATION

THANK YOU

f.daudpota@tamimi.com