Transcript Vojko Otovic

Republika Slovenija
Ministrstvo za finance
CARINSKA UPRAVA REPUBLIKE SLOVENIJE
Republika Slovenija
Ministrstvo za finance
CARINSKA UPRAVA REPUBLIKE SLOVENIJE
Customs Administration RS:
Vojko Otovic
Head of section of prohibitions and restrictions
(email: [email protected])
Customs responsibility
• protection and facilitation of the international and
national trade
• preventing illegal traffic and fight against
counterfeit goods, drugs, cigarettes…
• preventing the entry of hazardous goods
• ensuring the safety and security of citizens
• fight against fraud, terrorism and organised crime
(in collaboration with other law enforcement
agencies)
Prohibitions and restrictions
Protection of:
– public policy and international security
– health and life of humans
– environment
– fauna and flora
– industrial and commercial property
– national treasures possessing artistic, historic or
archaeological value
Activities of customs in the protection of
IPR
1.
2.
3.
4.
5.
Legislation
Applications
Cooperation
Public awareness
Statistics
1. Legislation
• Council Regulation (EC) 1383/2003
− concerning customs action against
goods suspected of infringing certain
intellectual property rights and the
measures to be taken against goods
found to have infringed such rights
• Commission Regulation (ES) 1891/2004 and
1172/2007
– provisions for the implementation of
Reg. 1383/2003
Act Implementing the Customs Reg. of EU
• Provisions on customs IPR measures
– request for action, a decision on the request and the
statement by the right holders
– sampling because of suspected IPR violations
– judicial protection
– destruction of goods under customs control
– arrangement of destruction
– security instead of detention of the goods
– storage of seized goods
– treatment of seized goods
– costs in relation to goods
Temporarily detained goods by customs
• on request of the right-holder
– if the application is lodge
– Simplified procedure (right-holder's agreement-destruction
under customs control)
• ex officio
Costs relating the goods
• the right-holder bear all costs
Destruction of the goods
• at the expense and under the responsibility of the
right holder
2. Lodging of applications
• National applications
– according to Article 5(1) of the basic Regulation the
applicant applies for action by the customs authorities of
that Member State in which the application for action is
lodged.
– This application can be used for all type of intellectual
property rights.
• Community applications
– With this application the applicant requests assistance by
the customs authorities of the Member State in which it is
lodged and assistance by the customs authorities of one or
more other Member States.
– The advantage for right holders is that the decision taken in
the Member State in which the application is lodged, has
the same legal effects in all other requested Member
States.
Community applications:
600
500
400
300
200
100
0
2006
2007
2008
2009
2010
1/4
2011
163
241
314
395
600
200
National applications: 74/2010
2006
2007
2008
2009
2010
1/4 2011
3. Cooperation
• National cooperation
– Informal working group within customs
administration
– Working group between all enforcement bodies:
• Ministry of Economy - Slovenian Intellectual Property
Office, Market Inspectorate
• Customs Administration of the Republic of Slovenia
• Ministry of Interior
• Ministry of Justice
• International cooperation
– EC/CCC/Counterfeit Section
– EU action plan
– ACTA
(Anti-Counterfeiting Trade Agreement)
– Action plan EU/China
– Joint customs cooperation
– WCO
– Interpol
– Europol
• Customs/business partnership
– Memorandum of understandings
– Specific action with sensitive business sectors
– Information exchange between privat sector and
customs
– Training material
4. Publicity (public awareness)
Raising awareness both –
business and customs
• campaigns (leaflets,
posters…) at major border
points
• exhibitions, information to
consumers (publication of
statistic, press releases, open
days…)
Exhibitions and
open days
Visit at school…
5. Statistic
• Most counterfeit goods are discovered at the Port of Koper Office.
• The number of seizures at the Ljubljana Post Office increased significantly;
most cases involved counterfeit medicines.
• For the most part, the consignments with counterfeits come from India
(counterfeit medicines), Hong Kong (counterfeit watches), and from China
(counterfeit sports articles, clothes, technical products)…
2008 (436 cases, 179955 pieces)
2009 (359 cases, 1120178 pieces)
2010 (602 cases, 1589227 pieces)
Cases:
Simon Golub
Head of Financial Crime and Money
Laundering Section
Senior Criminal Police Inspector
General Police Directorate
Criminal Police Directorate
Stefanova ulica 2, 1501 Ljubljana
Phone: 01 / 428 50 79
Fax: 01 / 428 42 06
Email: [email protected]
THE POLICE
• The police performs its tasks at three levels: the state, the
regional and the local levels. Organisationally, it is composed
of General Police Directorate, Police Directorates (8) and
police stations. The police headquarters are in Ljubljana.
• Within the General Police Directorate (national level) the
Financial Crime Section is responsible for preventing,
discovering and inspecting penal acts in the field of
intellectual property (national / international cooperation,
strategic tasks etc), while criminal investigations are carried
out manly by Financial Crime Units within the Police
Directorates (regional level).
Criminal Offence
IPR offences are in the Criminal Code defined in:
1. Chapter Sixteen - CRIMINAL OFFENCES AGAINST HUMAN
RIGHTS AND LIBERTIES
• Violation of Moral Copyright (Article 147)
• Violation of Material Copyright (Article 148)
• Violation of Copyright and Related Rights (Article 149)
2. Chapter Twenty-Four - CRIMINAL OFFENCES AGAINST THE
ECONOMY
• Unauthorised Use of Another’s Mark or Model (Art. 233)
• Unauthorised Use of Another’s Patent or Topography (Article
234)
Criminal Offence - Legal Persons
Liability of Legal Persons for Criminal Offences Act
• “A legal person shall be liable for a criminal offence
committed by the perpetrator in the name of, on behalf of or
in favour of the legal person…if it has at is disposal unlawfully
obtained property benefit or uses objects obtained through a
criminal offence…”;
CRIMINAL OFFENCE
2009
2010
Violation of Moral Copyright
Violation of Material Copyright
Violation of Copyright and Related Rights
Unauthorised Use of Another’s Mark or Model
Unauthorised Use of Another’s Patent
or Topography
3
5
0
4
1
5
0
8
4
0
TOGETHER
16
14
In 2010 The Police filed criminal reports against 10 natural and 4 legal
persons.
Andrejka Grlić
Chief Market Inspector
Republic of Slovenia
Ministry of the economy
Market inspectorate of republic of Slovenia
Phone: 01/ 280-8700
Email: [email protected]
Organization, Powers and Activities of
Market Inspectorate of
Republic of Slovenia
• 113 market inspectors are responsible for
• 42 national acts on different areas
with more than
• 80 executive regulations
and
• several European Regulations
Ministrstvo za gospodarstvo
TRŽNI INŠPEKTORAT RS
Območne enote
Sedež inšpektorata
Območna enota Celje
(Mozirje, Šmarje pri Jelšah)
Sektor za splošni nadzor
Območna enota Dravograd
(Velenje)
Območna enota Idrija
Sektor za tehnični nadzor
Območna enota Kamnik
(Domžale)
Služba za finance in
organizacijo
Območna enota Kočevje
Območna enota Koper
Območna enota Kranj
(Radovljica)
Območna enota Krško
Območna enota Ljubljana
(Trbovlje)
Območna enota Maribor
(Ormož, Ptuj, Slovenska Bistrica)
Območna enota Murska Sobota
(Lendava, Ljutomer)
Območna enota Nova Gorica
Območna enota Novo mesto
Območna enota Postojna
Služba za kadre in
informatiko
Scope of Activity (cont.)
•
•
•
•
•
•



•
•
•
consumer protection
product safety
trade
craft
catering and tourism
moonlighting
unfair competition
protection of copyrights and industrial property rights
unfair business-to-consumer commercial practices
credit agreements for consumers
sale of real estate
…
Scope of Activity (cont.)
New Approach Directives:
•
•
•
•
•
•
•
•
Low voltage equipment (LVD)
Safety of machinery (MD)
Personal protective equipment (PPE)
Gas appliances (GAD)
Electromagnetic compatibility (EMC)
Recreational crafts (RCD)
Radio equipment and telecommunications terminal equipment (R&TTE)
Energy labelling of household electric refrigerators, freezers, and
combinations thereof
• Construction products (CPD)
• General product safety (GPSD)
Industrial Property Act
Official Gazette RS, no. 51/2006
Judicial protection
Unfair Commercial Practices Directive
Directive 2005/29/EC
• Directive directly protects consumer economic interests from
unfair business-to-consumer commercial practices. Thereby, it
also indirectly protects legitimate businesses from their
competitors who do not play by the rules in this Directive and
thus guarantees fair competition in fields coordinated by it.
Misleading actions
• A commercial practice shall be regarded as misleading if it
contains false information and is therefore untruthful or in
any way, including overall presentation, deceives or is likely to
deceive the average consumer, even if the information is
factually correct, in relation to one or more of the following
elements, and in either case causes or is likely to cause him to
take a transactional decision that he would not have taken
otherwise the main characteristics of the product :…..
Misleading actions
• A commercial practice shall be regarded as misleading if it
contains false information and is therefore untruthful or in
any way, including overall presentation, deceives or is likely to
deceive the average consumer, even if the information is
factually correct, in relation to one or more of the following
elements, and in either case causes or is likely to cause him to
take a transactional decision that he would not have taken
otherwise the main characteristics of the product :…..
(cont.)
• A commercial practice shall also be regarded as misleading if,
in its factual context, taking account of all its features and
circumstances, it causes or is likely to cause the average
consumer to take a transactional decision that he would not
have taken otherwise,
and it involves:
any marketing of a product, including comparative advertising,
which creates confusion with any products, trade marks,
trade names or other distinguishing marks of a competitor;
The Law on Copyright and Related Rights
Official Gazette RS, no. 16/2007, 68/2008
 Judicial protection
• The person whose rights may demand the
protection of his rights and claim restitution from the infringer
according to the rules on damages.
 Competence of the Market Inspection
• seize the goods which were used or intended for the
commission of a misdemeanor, or were created by such
misdemeanor, and
• order to remedy the irregularity within the prescribed time
limit
• The specially qualified group of market inspectors
carried out the controls given the special nature of
inspection in respect of computer programs. In
accordance with the provisions of the Inspection Act
an inspector has the right to conduct inspection of the
economic entity on the basis of the law (without
special permission of the court) and without prior
notice. Market Inspectorate control subjects selected
randomly or based on applications received.
• Randomly selected subjects are chosen individually
or by the industries in which they operate.
• In previous years selected subjects were chosen from
lawyers, media organizations (radio and TV
organizations, newspapers, magazines...), architects
and others.
• In the years from 2008 to 2010 Market Inspectorate
conducted 417 inspections in which the 2284
computers were checked. On the computers 13124
computer programs that user’s use at their work was
examined with random selection method. Of all the
programs examined individual subjects did not
demonstrate legitimate use for 1626 (12.4%)
programs. From the 417 examined subjects in 252
subjects (60.4%) was identified at least one illegal use
of a computer program.
Aktion
2008
2009
2010
SUM
Number of conducted inspections
128
110
179
417
Number of checked computers
774
768
742
2284
Number of checked computer‘s
programs
4631
4749
3744
13124
Number of illegal programs
617
588
421
1626
13,3%
12,4%
11,2%
12,4%
90
70
92
252
70,3%
63,6%
51,4%
60,4%
Precentage of illegal programs
Number of subjects in the offense
Precentage of subjects in the
offense
Thank you for your attention!
Customs Administration RS:
Vojko Otovic
Head of section of prohibitions and restrictions
email:[email protected]
Simon Golub
Head of Financial Crime and Money Laundering
email: [email protected]
Andrejka Grlić
Chief Market Inspector
email:[email protected]