Transcript Slide 1

AASA Brand Protection
Council
August 14, 2007
Detroit, MI
Agenda
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Introductions
Review Antitrust Guidelines
European Aftermarket Forum Update
China Aftermarket Forum Update
Government Affairs Update
Alibaba, craigslist.com
Violator Database; Next Steps
Panel Presentations and Q&A
– Bendix
– ABRO
Brand Protection Council Awards
Global Anti-Counterfeiting Alliance
AAPEX
Open Forum
BPC Recruitment
AASA/MEMA Brand
Protection Initiative
• “To support members’ global efforts to prevent, detect
and prosecute intellectual property offenses against their
products and brands”.
• “Provide the means for collective industry action against
counterfeiting, sharing market intelligence and best
practices, media and education campaigns and gaining
increased enforcement by all relevant law enforcement
agencies”.
European Aftermarket Forum Update
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EAF now CLEPA Aftermarket Forum (CAF)
Vesdo Project Update
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Deploying barcode technology
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Establishment of a central clearing hub (TecCom) allowing for easy
authentication through standard scanners or mobile phones
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TRW is pilot testing; further update at CAF June 05 in Brussels
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If approved, deployment to begin September, 2007
BPWG
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Block Exemption Regulation
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Will be maintained as an expert group within CLEPA legal working group;
updates during quarterly CAF meetings
Current BER expires 2009; Renewal for 2010 a certainty; CLEPA working group
developing recommendations for enhancements to protect IAM
Right to Repair
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FIGIEFA asking for $3M USD for four year lobbying campaign
CLEPA Brand Protection-counterfeiting
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Vesdo presentation
Clear idea on the cost
Sept meeting, the pilot companies will present their first results and
feedback
Agreement to announce that we create with the Vesdo/teccom protocol the
standard for Aftermarket
Request is made to Josef to push through Clepa our OEM colleagues to
move from Aftermarket standard to an Automotive standard with this
solution
Fee of the hub and mostly maintenance annual fee has been assessed as too
high, this needs better insight of what is included in it.
Need clarification on the different language that the soft can use ( Russian,
Chinese, Turkish…)
AASA CAF Members
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Affinia
ArvinMeritor
BWD Automotive
ContiTech
Cummins
Danaher
Delphi
DuPont
Dura
Eagle Picher
Eaton
Febi Bilstein
Federal Mogul
Gates
Goodyear
Haldex
Honeywell
Lord Corp.
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Mann + Hummel
Philips Electronics
Prestolite
Qualitor
Robert Bosch
Saint-Gobain Sekurit
Siemens VDO
SKF
Snap-on
Tenneco
TI
TRW
UCI
Valeo
Visteon
WAI/Transpo
ZF
AASA CAF Initiatives
• Proposal for Global Automotive AntiCounterfeiting Alliance
Global Alliance Benchmark
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Automotive Industry is not sufficiently organized to effectively
compete with other Industries such as
– Motion Picture Industry (MPA)
– Phonographic Industry (IFPI)
– Software Industry (BSA)
– Pharmaceutical Industry (PHARMA)
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Despite the fact that auto parts are a public health and safety
concern, enforcement authorities spend more efforts for these
industries than for the automotive industry.
Why Now?
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In most countries in Asia, the above Copyright Industry
Associations dominate
– the public dialogue regarding counterfeiting
– law enforcement agenda
They have now also started to dominate the agenda setting with
the Chinese government.
Enforcement results for the Auto Industry in China are going to
get considerably worse - unless we act !!!
Current System
• Each company running own enforcement
program with ad hoc cooperation between
brand owners
• Investigations and enforcement usually
outsourced
• Most cases involve many brand owners, usually
service providers coordinate enforcement
actions
Current Limitations
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Governments do not wish to be seen to support
just one company, one country or one region.
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However, they are willing to listen to a global
industry perspective, in particular if this also
extends to the local industry
Criminal law enforcement agencies in many
countries will not take cases unless ALL brand
owners involved commit to support the case.
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These agencies will focus on industries which have
organized themselves and will ignore those which
have failed to do so.
Proposed Solution
Global Automotive Brand Owners AntiCounterfeiting Alliance
(“Automotive Alliance”)
To be effective the Alliance has to be Global in nature, i.e.
it has to be perceived as representing the industry as
a whole, without any national or regional limitations.
Representation of Industry as a Whole
• Being global in nature will allow the Alliance to advance its
agenda independent from wider geo political developments
• The Alliance will provide a competent and reliable point of
contact for governments, law enforcement, media, etc.
– In every key country, there will be
• dedicated resources,
• contact points, or
• hotline
Coordination of Local / Regional /
International Cases
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Alliance coordinates all Investigations and Enforcement actions involving more
than one Brand.
Oversee service providers on behalf of the individual companies
– Ensure quality of investigative work
– Ensures that fees charged are appropriate.
Every case will be analyzed from an International perspective to identify the
global networks the counterfeiters are operating
Disaster regions, i.e. regions in which counterfeiting is of particular eminence
will be identified.
– Specific programs will be established to address the particular situation in
each disaster region.
– These all encompassing programs will be tailor made to address the specific
problems in each region.
– They will include investigations, as well as aspects of enforcement,
education, public policy, public relations, government lobbying, etc
Lobbying and Government
Representation
• Lobbying on case related details,
– Higher level enforcement
– Ministerial level enforcement officials,
– Local governments
– Regional governments
– National governments
• Lobbying on public policy debates to influence changes in policy
– Intellectual Property laws
– Law enforcement implementation rules and guidelines
Customs Training and Alerts
• Main Goal is to Focus Government resources onto the Automotive
Industry instead of other industries.
• One Alliance official could be responsible for
– Training,
– Customs response
– Product inspection services
– Lobbying
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• The health and safety aspect of the automotive industry should
provide us with a natural ranking on top of the priority list
Benefits
• Substantial Cost Savings
• Dramatically Better Results
– Quantitatively numbers of seizures, prosecutions, and
compensation will increase dramatically.
– Qualitatively the information obtained in the course of the cases
will allow us to
• strategically address the global networks and the organizers
behind the scene.
• This in turn will eventually create a deterrent effect and will
result in discouraging counterfeiters from the automotive
industry as a whole.
• Increased Policy Influence
Structure
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SUPERVISORY BOARD:
Consisting of representatives of all Alliance member companies
CHAIRMAN:
– Manages the Alliance on behalf of the Supervisory board.
– Represents the Alliance towards government, public, etc.
(In the long term this position should be a full time Alliance employee, but for the start up stage
the function shall be performed by a representative elected from within Supervisory board
members)
VICE CHAIRMEN (x numbers) :
– Assist the Chairman in representing the Alliance toward governments, public, etc. (lobbying,
marketing)
(This function shall be performed by a number of representatives elected from within the
Supervisory board)
ENFORCEMENT MANAGER(S):
– Coordinating all Alliance investigations
– Supervising Alliance raid actions and conducting post raid follow-up (particular the second
element will result in drastic cost reductions).
– Contact point for customs seizures and responsible for customs training
Full time position(s) reporting to the Alliance Chairman.
Global Automotive Anti-Counterfeiting Alliance
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Do we need one?
If so, how should it be organized?
How will it be funded?
Should we initiate a more modest first
step?
• Where do we go from here?
Next BPC Meeting
December 12, 2007
Westin Detroit Metro Airport