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Fifth Global Congress Panel 3: Third Party Carrier (Intermediary) Case Study © UPU 2009 – All rights reserved • UPU Convention - Article 15 – Items not admitted.Prohibitions – Added counterfeit and pirated articles to list of prohibited items – Effective date 1 January 2010 2 © UPU 2009 – All rights reserved Main Objective of Congress Resolution C 37 /2008 August 2008 • Congress urges UPU member countries, in the context of their national legislation, to encourage their designated operators to: – Take all reasonable and practical measures to support Customs in their role in identifying counterfeit and pirated items in the postal network – Cooperate with the relevant national and international authorities to the maximum possible extent in awareness raising initiatives aimed at preventing the illegal circulation of counterfeit goods, particularly through postal services 3 © UPU 2009 – All rights reserved WCO Member Administrations UPU Rights Holders Postal Operator National Customs Postal Operator Rights Holders 4 © UPU 2009 – All rights reserved 2009 Pilot Project - Milan • Pilot concluded that identification of counterfeit and pirated items is the role of IPR holders and Customs • Recording of data was found to be a key determining factor in helping Customs to carry out a successful risk assessment • Desired outcome of the pilot was to define the role of the post in tackling counterfeit and pirated items. Clear that Posts do not have enforcement authority, but do have the data that can be helpful to customs in the performance of their threat and risk assessment. 5 © UPU 2009 – All rights reserved Q: Would a person in Country A buy with confidence handicrafts from Country B through an eShop located in Country C ? eShop [email protected] Internet Post A deliver product . Post B buy product from B send product to buyer offer product SME [email protected] [email protected] Country A Country B Country C6 © UPU 2009 – All rights reserved Awareness Raising • In support of Congress Resolution C37/2008, awareness raising campaign will be developed • Focus on changes to the UPU Convention, effective in 2010 • Focus on Health and Safety and Economic risks (Counterfeit: medicines, electrical products, healthcare products) • Working with a professional agency to develop a poster on awareness raising initiative • Poster could be re-sized to be mailed so that UPU members could have the option of distributing message through the mails • Campaign will be flexible to enable partnership with other entities 7 © UPU 2009 – All rights reserved Priorities for Action • Participate, as an Observer, in WCO’s new body to look after counterfeit and pirated items named CAP: Counterfeit and Piracy • Closer cooperation with WCO to meet more regularly on an informal basis, in between formal meetings, to facilitate capacity building and training • Future pilot programs will be examined for 2010. France will organize pilot in the second half of 2010 to examine parcels • Awareness raising initiative to include cooperation with WCO, IMPACT and Interpol • Coordinate with WCO to add postal component to existing IPR 8 missions © UPU 2009 – All rights reserved