Docstoc

ACG NEWS (PDF)

Document Sample
ACG NEWS (PDF) Powered By Docstoc
					   The Anti-Counterfeiting Group
                                                                                     ACG NEWS
Campaigning Against the Trade in Fakes
           www.a-cg.org                                                     Spring Edition 2009
SPRING GREETINGS to all our readers, and a special hello to delegates attending our Spring Conference,
where this e-Newsletter will first appear. Our Conference is earlier than usual, to avoid clashing with the
IACC and INTA conferences in Seattle next month (they pinched our slot!) but we hope to be 'back to normal'
next year.
We're also experimenting with a different layout for the e-Newsletter which we hope will work for you.
As usual, it's been a very busy first quarter. In addition to our core activities, ACG is conducting two major
projects: a comprehensive and practical Guide to Brand Protection and a study of the use of Proceeds of
Crime Act confiscation proceedings in IP crime cases.
                                               At the time of writing, the Guide to Brand Protection is nearing completion,
                                               thanks to Susanne Hasselmann's great work, gathering information and
                                               creating the guide, with invaluable help from many ACG full, associate and
                                               brand protection members. It will be launched shortly, with a presentation by
                                               Susanne and a demo at the registration desk at Spring Conference.
                                               To name-check everyone here would take the rest of this page (at least!)
                                               but proper thanks will be recorded when the guide is finished. We
                                               believe that this guide will be the first to gather so much information
                                               and knowledge in one place, in order to help brand owners develop
                                               suitable strategies for IPR protection and enforcement. It will be web-based
                                               and exclusive to ACG members.
The other project, about POCA and IP crime, is at an earlier stage, generously supported by BASCAP as
part of its remit to promote best practice internationally.
The study is being conducted under the expert guidance of Chris Cole, who used to be 'our man at ARA' and
is now running his own consultancy, POCAS Ltd. We've already conducted a survey of trading standards'
current practices, which elicited very helpful responses nationwide.
We're now beginning to consult LACORS, ACPO, SOCA and other relevant organisations, to gather more
in-depth information and to ensure that our analysis of current issues and proposals for the future are valid
and supported by all stakeholders.
The final report will be launched with a press event later in the year (date tbc) and will be made available to
other interested parties wishing to promote the use of POCA proceedings both nationally and internationally.




                                      OUR SPECIAL THANKS TO:
                                      John Noble at the British Brands Group http://www.britishbrandsgroup.org.uk/
                                      Susie Winter at the Alliance Against IP Theft http://www.allianceagainstiptheft.co.uk/
                                      Marie Pattullo at the Association des Industries de Marques (AIM) http://aim.be/
                                      for the great lobbying and awareness work we do together.
                                      Debbie Hunter at the Cosmetics, Toiletries & Perfumery
                                      Association (CTPA) http://www.ctpa.org.uk/ for keeping ACG
                                      in the loop with latest news items and events of interest.
The IPKat for keeping us all well-informed, and making us laugh! Sign up for their
alerts today, to receive all the latest IP news http://ipkitten.blogspot.com


     The Anti-Counterfeiting Group, PO Box 578, High Wycombe HP11 1YD UK                 T: +44(0)1494 449165 F: +44(0)1494 465052 E: info@a-cg.com www.a-cg.org
                                        The Anti-Counterfeiting Group is a company limited by guarantee incorporated in England & Wales.
                           Registration number: 1984849. Registered office: 3 Manor Courtyard, Hughenden Avenue, High Wycombe, Bucks HP13 5RE          Page 1 of 19
                                            BRANDING FOR BRITAIN
                                          House of Commons exhibition
                                              23-27 February 2009
ACG supported the British Brands Group in presenting a fantastic exhibition in the Upper Waiting Hall, for
the whole of the last week in February, sponsored by Peter Luff MP, chair of the Business & Enterprise
Committee. ACG provided a Spot the Fake competition and materials to help create the stand relating to
counterfeits.
Our DG Ruth Orchard attended the opening ceremony with MPs and industry representatives, launching a
brilliant showcase for how brands contribute to UK plc, and the challenges they face.




            The display stand featuring ACG’s                    Party time at the Branding for Britain exhibition!
               ‘Spot the Fake’ competition                 Richard Heath with BatMark (Toe Su Aung & Nicky Donnelly)
                                                                                    and others

                                                     Our DG Ruth Orchard gave a presentation at an important
                                                     workshop run by LoTSA (London Trading Standards)
                                                     about strategic planning for the Olympics, and how to
                                                     provide protection for brands, consumers and business
                                                     during the Games, in addition to the usual demanding
                                                     trading standards remit.
                                                     With just over three years to go, the objective was
                                                     to determine priorities and formulate actions. The Games
                                                     were last staged in London in 1948, so times have
                                                     changed a great deal! China's approach to brand
                                                     protection, and indeed the way the Beijing Games were
                                                     staged as a whole, can't be fully emulated here in London,
             OLYMPICS 2012                           either, so we've started with an almost blank page.
The London Organising Committee of the Olympic Games (LOCOG) is obviously most focussed on
protecting the Olympic brand itself, as they need to raise around £2bn from private sources to help stage
the Games, and much of this funding will be generated by exploiting the Olympic brand. The revenue
generated from ticket sales and broadcasting is only a part of the funding required. Otherwise the London
2012 Organising Committee relies on sponsorship funding, and revenue from merchandising, so protection
for the Olympic brand is paramount.
Sponsors for the Games include ACG members Coca-Cola, Panasonic, adidas and
BP, who will be alert to the need for brand protection and the now widespread
practice of ambush marketing (where companies which aren't sponsors try to ride
on the back of an event and appear to be associated with it, when they're not).
ACG members' brands, particularly in the sports and beverage sectors, will
also be under increased attack from counterfeiting, from now until the Games are
over, both nationally and via the Internet.
During the Games themselves TS will focus not only on the Olympic arenas, but also on the usual problem
areas such as street markets.
ACG is ensuring that all parties are aware of the help we can give with brand information, collaborative
working and a voice to address concerns with local and national government, if needed. Our efforts to
persuade LOCOG to join ACG continue, so we can provide more direct support!                    Page 2 of 19
                                 World IP Day - 26 April 2009
                                 It's a Sunday this year (it's always 26 April, whatever day it falls on) so World IP
                                 Day is being celebrated on various working days throughout the world.
                                 The aims of World IP Day each year are:
                                     to raise awareness of how patents, copyright, trademarks and designs impact on daily life;
                                     to increase understanding of how protecting IP rights helps promote creativity and innovation;
                                     to celebrate creativity, and the contribution made by creators and innovators to the development of
                                     societies across the globe;
                                     to encourage respect for the IP rights of others.

WIPO's focus this year is on promoting green innovation as the key to a secure future.
http://www.wipo.int/ip-outreach/en/ipday/2009/
            The day was marked here with a reception at the Science Museum hosted
            by our current Minister for IP, David Lammy, on 22 April, including a visit to
            the Museum's current exhibition - Wallace & Gromit's World of Cracking
            Ideas - sponsored by the IP Office.
            The IPKat’s report can be accessed here:
            http://ipkitten.blogspot.com/2009/04/green-patents-in-9-months-digital.html


                               FIGHTING FAKES AT TRADITIONAL MARKETS
Rights holders and law enforcement are increasingly working in partnership to tackle the problem of fakes for
sale at markets nationwide and our Spring Conference will explore future strategies in the light of the Wendy
Fair Markets case (which was correct in law, but compromised by the judge's failure to direct the jury).
http://www.wendyfairmarkets.com/
With several different initiatives around the country, a useful double meeting was held at the IPO's London
office on 1 April (with security everywhere in central London on high alert for the anti-G20 demonstrations)
so that interested parties could discuss how best to co-ordinate and take them forward, including:
IPCG sub-group on Market Strategy
To raise awareness of the issue and identify and disseminate best practice (it was agreed that this group
would be disbanded, and its remit progressed by other groups below).
Enforcement Markets Group
Original remit was to look specifically at operational enforcement activity at targeted markets; ACG's markets
strategy group will feed in to this (see below). Market operators and landowners (often local authorities)
are the key target.
Industry Trust
Communications and Code of Practice for national strategy.
TS North-West markets group
Looking at days of action over the next few months at
identified markets. The Intel hub will now be supporting this
work as part of the national mapping process of markets.
LoTSA (London TS)
Similar work to NW group. Most RIOs are trying to rank the
markets in terms of Low, Medium and High (to assist
priority setting).
ACG market strategy group
Targetting specific markets identified by members as hotspots for fakes, gathering information for sharing
with trading standards, and then establishing a workable strategy 'on the ground' for dealing with market
organisers.
The participation and support of LACORS (Local Authorities Coordinating Office on Regulatory Services) will
be vital to the success of the national campaign to introduce an effective strategy for dealing with IP crime at
markets, including a Code of Practice, and the necessary process has begun to achieve that.
The aim is to launch the campaign in time for TSI Conference. The Alliance is co-ordinating this and also
continuing to press for the promised consultation on regulation of markets - see next page.     Page 3 of 19
                                    INSIDE GOVERNMENT
                         TRADING STANDARDS FORUM ON COUNTERFEITS
                              Church House Conference Centre 17 March 2009
Our DG Ruth Orchard delivered a key presentation to this forum, organised by inside government which
facilitates dialogue between the government, practitioners, policy makers, and their publics through the
creation of public policy forums.
Ruth spoke about effective strategies to reduce the distribution and sale of fake goods, given that this is a
worldwide issue, having been asked to address the following questions:
   How is the EU tackling this problem?                          What is the UK doing to tackle the problem?
   What more can be done?
For access to several of the presentations delivered on the day go to:
http://www.insidegovernment.co.uk/other/trading_standards/presentations.php
The forum debated various questions and issues:
Has the government met its own target of constructing the best legal protection for UK consumers and
businesses by 2008? Is our system as good as consumer legal protection systems that exist elsewhere in the
world? Are consumers confident in the enforcement provisions of the system? Are trading standards officers
content with the law? Are trading standards and other enforcement officers providing best value? Is the
current system an example of coordinated, collaborative working at its best between trading standards
officers, police, and the courts, Serious Organised Crime Agency and Revenue and Customs (HMRC)?
Some of the key issues raised were:
  What strategies are SOCA and HMRC pursuing to apprehend counterfeiters?
  The evolving role of trading standards officers
  Does the incentivisation scheme (to share the proceeds of any assets recovered between investigating
   organisations) hinder or benefit collaborative working?
  How have online auction sites altered the market?
  Do trading standards officers routinely monitor online auction sites?
  Do the police and trading standards officers conduct outreach work to engage school children on the
   dangers of purchasing counterfeit goods?
  What effect has POCA had on capturing and confiscating the goods of counterfeiters?

                        SOME DATES FOR YOUR DIARY
                        ECTA conference 24-27 June, Vilnius, Lithuania
                        TSI CONFERENCE 29 June - 3 July, Brighton
                        ALLIANCE SUMMER RECEPTION 14 July House of Commons Terrace (evening)
                        ROADSHOW DATES tbc:             11 June, north of England
                                                        w/c 21 September, Dublin
                                                        w/c 9 or 16 November, London or nearby
                        ACG AUTUMN CONFERENCE 2009 14 - 15 October (London)
                        see the Information section of our website for ACG and other events www.a-cg.org


                                           NEW MEMBERS 2009
             A warm welcome to all and we look forward to working together in the years ahead!
             Full Members:                  ghd
                                            G-Star
                                            Luxottica UK Ltd
                                            Normalu Barrisol SAS
             Associate Member:              Bojinov & Bojinov (Bulgaria)
             Brand Protection Group:        MSO Cleland Ltd (Belfast)
             Contact details are available in the Members Area of www.a-cg.org
             If you are interested in applying for ACG membership, please visit:
             http://www.a-cg.org/guest/about_acg/guest_about_acg_join_acg.php
                                                                                                           Page 4 of 19
LOBBYING - Gowers-related matters
                                         Regulation of Markets & Occasional Sales (Gowers Rec 40)
                                         The Alliance continues to raise awareness of the persistent problem of
                                         counterfeit sales at markets and car-boot sales. Seminars have been held with
                                         councillors, briefings given to local government opposition spokesmen, and a
                                         strong response outlining the harm caused by illegal trade at markets was
http://www.allianceagainstiptheft.co.uk/ submitted to the Communities and Local Government Select Committee. The
continuing delay in the promised consultation has also been raised, in partnership with the Trading Standards
Institute, directly with Consumer Minister Gareth Thomas.
Communities and Local Government Select Committee Inquiry into Traditional Retail Markets
The Alliance made a submission about the problems with IP crime at markets, and Susie Winter, Alliance
DG, attended one of the oral sessions. The focus was very much on the positive nature of markets and what
a valuable local resource they were, although one MP did mention counterfeits but this was not taken up.
Susie has since contacted the Committee Clerk and remains in touch with him to try and ensure that
our issues remain on the Committee's radar.
IP Infringement in the Workplace
Work is also ongoing within the IP Crime Group to address the problem of IP infringement in the workplace.
The Alliance has submitted a set of recommendations to the IPO for a future campaign, which are being
considered.
Law on Damages (Gowers Rec 38)
As reported to members, the Alliance letter to the Lord Chancellor Jack Straw in December 2008 about the
stalled consultation prompted a holding response from Justice Minister Bridget Prentice in January 2009.
We are still no further forward, and Janet Anderson MP (Chair of the All-Party IP Group) will be taking
a delegation to see the Justice Minister about the delay in the government's response. The Minister must be
encouraged to consider IP matters separately from other concerns in this consultation (e.g. as raised by the
Law Commission) in relation to what is required for an effective and deterrent damages regime as
recommended by the Gowers Review report. Janet will also ask whether the response to the section relating
to aggravated, exemplary and restitutionary damages (most relevant to our concerns) can be published
separately.
 

GOWERS REVIEW - TWO YEARS ON
On Shrove Tuesday, a meeting was held in Portcullis House to
launch the publication of a report by the All-Party Parliamentary
IP Group, evaluating the outcomes of Gowers two years on,
following a detailed inquiry which launched on 5 August 2008.
The inquiry sought to establish how effective Gowers recommendations have been in ensuring IP rights can
be properly protected and enforced, for the benefit of both rights holders and consumers.
The Group invited a number of stakeholders across the IP community to contribute their views, and also
held two meetings in the House of Commons, where stakeholders and interested parties were given the
opportunity to discuss aspects of the Gowers Review with the officers of the Group. (ACG was represented
at the second hearing in January by Microsoft's Graham Arthur, as Ruth was on leave.)
The Inquiry had the following terms of reference:
   the relevance of the original Review and report, two years on;
   whether the changes made to the IP regime have been the right ones, and whether these were
   successful;
   whether there were any issues not covered by Gowers that should have been, or where change was
   needed but not recommended;
   whether the Government’s delay in implementing certain recommendations is causing problems and why;
   whether the digital developments of the past two years have resulted in changed focus and priorities;
   whether Gowers recommendations have improved choice and protection for consumers.
You can access the report here http://www.allpartyipgroup.org.uk and it is also posted in the Gowers and In
Parliament sections of our website www.a-cg.org                                                       continued...

                STOP PRESS! WORLD ANTI-COUNTERFEITING DAY 11 JUNE 2009
    ACG is planning to hold a Roadshow that day in Liverpool (tbc) which will be a fitting way to mark the day this year.
     We will also provide materials on our website for interested parties to download and use for their own campaigns.
                                                                                                                  Page 5 of 19
                          Andrew Gowers attended the meeting and made some interesting comments on
                          progress, or lack of it, on the enforcement recommendations. He highlighted:
                          (1) the fact that IP has no 'home' in government and that, although there is now a
                          Minister for IP (a) we're already on our third one and (b) he has Higher Education
                          to manage as well; and
                          (2) where actions have stalled - particularly the Ministry of Justice (law on
                          damages) and BERR (occasional sales/markets regulation) though BERR was to
                          be congratulated on the progress made with ISPs.
                           The first action from the report will be to use the combined influence of the various
                           relevant All-Party groups (film, music, IP etc) to make the government listen
                           to the messages coming loud and clear out of the review. Also in the plan is a
Parliamentary debate, which will be very useful in raising the profile of the outstanding issues and the
importance of IP to the future of UK plc.
For the latest on implementation of recommendations from the Gowers Review report visit:
Link to Gowers implementation

                                 As reported to members, the IPCG met at the end of January, and
                                 reviewed its future remit. Draft terms of reference were proposed and ACG
                                 contributed to the re-draft, emphasising the need for a strong enforcement
focus. In the absence of any deliverables coming out of SOCA, and the disbanding of the specialist IP crime
unit in the OCTF in Northern Ireland, the role of the IPO has become critical. We await the final version of
the TOR. Working groups for IP crime in the workplace and POCA awareness-raising continue to be held
with the support of the IPO. The Markets strategy has been re-thought as reported above.

STRATEGIC ADVISORY BOARD FOR IP (SABIP)
Chair of the SABIP Board, Joly Dixon, attended the IPCG meeting in January. He confirmed that SABIP’s
purpose was to give the government strategic advice on all aspects of IP policy. It was set up to be as
independent as possible and the advice needed to be evidence-based.
To date its work has been focused in three areas:    1) Getting the board and secretariat up and running
                                                     2) Building relations with stakeholders
                                                     3) Establishing a work programme, of five topics:
                                                         Copyright
                                                         PR publicly funded research
                                                         IP enforcement options for SMEs
                                                         Google Generation – looking at changing attitudes
                                                         and behaviour relating to IP
                      http://www.sabip.org.uk/
                                                         Rôle/rationale/philosophy of IP – what are we
                                                         expecting out of the system
Concerns were expressed about overlap and the need for research into the value and contribution IP makes
to the UK economy (to be looked at under the fifth topic above). SABIP's strategic priorities for copyright
were published on 10 March (see website link above). ACG will report in future on matters of direct
relevance to our members' work fighting IP crime.


                                             STOP PRESS!
                          LAUNCH OF NEXT IP CRIME REPORT (2008-9)
      As in previous years, the IP Office is consulting rights holders for their input to the Report.
           The launch event to be attended by the Minister will now take place on 25 June,
                            by invitation only (time/venue to be confirmed).




                                                            www.a-cg.org
                                                                                                      Page 6 of 19
                               We had a very successful International Committee meeting on 2 April,
                               hosted by Wragge & Co LLP in their splendid London offices, which focussed
                               entirely on China with Chinese enforcers sharing their expertise. First, in an
                               historic moment for ACG, we welcomed Dr Jian Xu, Head of Wragge & Co's
                               China office, via video link direct from Guangzhou, who provided particular
                               insights into working with private investigator firms in China, and the daily work
 INTERNATIONAL                 of the ordinary PI.
Chuck Qi, from Beiersdorf's China office, was our next speaker, formerly with China Police, and then for ten
years at adidas, before joining Beiersdorf about two years ago. He is also the Deputy Head of the Quality
Brands Protection Committee's Customs Committee http://www.qbpc.org.cn. Chuck provided an overview of
his work on the ground in China, covering all aspects of IPR enforcement in a practical way from the brand
owner's perspective. Michael Ellis of Beiersdorf was also there to add useful comments in discussion.
We were delighted that Fabio Moretti, of ACG Associate member Studio Rapisardi, who has recently visited
China on behalf of clients, also attended to share his experiences with us, offering excellent practical points
for effective IPR enforcement in China. In the Round Table session, members contributed valuable news and
issues from their own companies relating to China. Everyone was really enthusiastic about this new format
and we will continue the one-region theme in our next meeting on 14 October - we face a difficult choice
between regions as diverse as the tri-border area of South America, UAE, Malaysia, Russia, Nigeria and
Turkey (more details to be confirmed nearer the time).
The information from the main presentation by Beiersdorf has been circulated to International Committee
members and will also be posted on the Members Area of our website in the International Committee and
International Enforcement sections, together with the latest Chinese Customs statistics, when officially
issued.

                                 EU-China IPR2 project e-News and quarterly bulletins
                                 For the e-News supplement visit http://www.molidesign.com/IPR2/0904/
                                 For the quarterly bulletins visit IPR2 Bulletins:
                                 http://www.ipr2.org/index.php?option=com_content&view=article&id=380&Itemid=240


TROUBLE IN SILK STREET!
Silk Street market is seven storeys of glass near
Beijing’s diplomatic quarter, and is one of China’s most
popular spots to buy fakes, with around 1,200 stalls,
attracting 15 million shoppers a year, two-thirds of them
foreigners. Four years on from the original campaign to
stop the sale of fakes, market managers temporarily
shut down 29 stalls in the New Year for selling counter-
feit goods. Dozens of the stallholders then staged
weekly protests against IntellecPro, the law firm which is
pursuing the trade mark case on behalf of five luxury
brands. The vendors confronted witnesses (who had
provided evidence of trade mark infringements) and filed
a countersuit asserting that only the government can
close down a business. The market’s manager, Mr Wang, said he was “stuck in a terrible position” between
the brand owners, who said he didn't do enough to protect them, and the vendors who said he was going too
far. Mr Wang said he was opting for 'going overboard' to protect IP rights in the market; while he
sympathised with the vendors, Silk Street needed to change, and concentrate on selling genuine home-
grown brands, and services such as tailoring. But he recognised that shoppers also needed to change, and
stop wanting to buy fakes, which is perhaps the biggest challenge worldwide, and would be the best solution.


                         5TH GLOBAL CONGRESS - Cancun, Mexico 3-5 June 2009
                         The draft programme is nearing completion, and will be similar to the approach
                         taken at the Dubai Congress last year, with 5 or 6 'challenges' for the Congress to
                         discuss and make recommendations about e.g. health & safety, capacity building,
                         raising awareness. For more information visit http://www.ccapcongress.net
                                                                                                             Page 7 of 19
Anti-Counterfeiting Trade Agreement (ACTA)
The new US Trade Representative has now been appointed (Ron Kirk) so it's hoped
that negotiations can resume asap. DG TRADE held a stakeholders meeting on 21
April to provide an update at European level, where ACG was represented by our
ACG Council Chair Richard Heath. The treaty is now expected to take till the end
of 2009 to finalise. As reported to members, ACG has been a signatory to all the
excellent business memoranda submitted by BASCAP/INTA which have provided
unprecedented input from industry to the negotiations. Key issues still to be discussed
include criminal sanctions, some issues around border measures, and the Internet.
For further report.

                                The report from the latest meeting of AIM's Anti-Counterfeiting Committee
                                (10 March) is in the International section of the Members' Area of our website.
                                Of particular interest are Customs matters on the one hand, and the
                                increasingly central rôle being played by DG MARKT on the other.
There has been a lot of activity surrounding the review of the EU Customs regulation, the EU Customs Action
Plan (launched 16 March) and the collaboration between EU and other Customs authorities such as China.
The review continues, we hope to include the necessary changes to Article 12 which will permit reasonable
use by rights holders of Customs information (UK Customs having indicated that they wish to await this
change, rather than amend UK implementing regulations (as originally negotiated by ACG).
http://ec.europa.eu/taxation_customs/index_en.htm


Internet Stakeholder Dialogue
The first meeting was held by DG MARKT in Brussels on 23 March and the second on 23 April. eBay,
Amazon, PriceMinister and Yahoo! attended for the Internet traders; representatives for numerous brands
and associations attended for the rights holders. The aim is to create an industry
code of practice to which all will commit, since new legislation and/or prolonged
litigation are cumbersome and unlikely to provide practical solutions. The detailed
discussions are confidential at this stage so we will report more when it's allowed.

European Observatory on Counterfeiting & Piracy
This is being established by Unit 3 of DG MARKT, to collect data and statistics
of counterfeiting and piracy problems within the Internal Market and then produce a report which will
complement those from DG TRADE on the external situation and DG TAXUD on seizures at the borders.
Union des Fabricants also wants to include annexes of “hotspot” sources of fakes such as problem markets
within the EU (e.g. Paris St Antoine and the Czech border markets), main countries of origin of fakes and
origins of fakes sold via Internet sites. Strong input from rights holders will be key, and the best methods for
achieving this are still under discussion. National contact points have been submitted by AIM and the
Observatory must also have representatives of the Member States themselves, consumers and the European
Parliament. MARKT aims to launch this by autumn.
http://ec.europa.eu/internal_market/iprenforcement/index_en.htm


                                              FAKES IN SPACE!
                                              In early March, news broke that some of the cost overruns
                                              besetting NASA's operations stem from counterfeit parts
                                              inadvertently installed on space craft. “We find out later they are
                                              counterfeit parts,’” Christopher Scolese, the space agency’s
                                              acting administrator, told a House Science and Technology
                                              subcommittee. “We find out about it while sitting atop a rocket
                                              or, worse, find out about it in space.”
                                           NASA has been trying to weed out counterfeit parts for years,
                                           Scolese said. But the problem has been growing, with foreign
                                           firms and counterfeiters manufacturing equipment that ends up in
NASA’s supply chain, Scolese told reporters after the session. Most recently, NASA personnel detected an
unspecified counterfeit part on the Kepler spacecraft which contributed to a nine-month delay in launching
the unmanned probe, designed to discover earth-like planets in the Milky Way Galaxy.
                                                                                                       Page 8 of 19
Meanwhile back on Planet Earth…
Alison Newbold, ACG Group Manager was invited to attend Lane End
Conference Centre, near High Wycombe on 22 January to address a group
of business students from the Japan Patent Office and the Japanese
Ministry of Economy, Trade and Industry who are on an eight month
Business English Language Course.
Alison spoke about the work of ACG and went into more detail about its
core activities (lobbying, awareness & networking).
Students were then tasked with becoming trading standards officers
as they tried to identify genuine and fake items in the Spot the Fake
competition – as no-one got them all correct, they realised just how
cunning the counterfeiters are!

Trading Standards South East (TSSE) is a partnership of 19 local
authority trading standards services in the South East. It’s a limited
company and was created to share ideas and expertise in all areas of trad-
ing standards work. They combine resources regionally and work together
to achieve greater results, reduce costs, influence the wider community, and
manage regional funding for e.g. Scambusters.
On 18 March the TSSE authorities joined together for their second
IP Crime Conference at Sandown Park Racecourse in Esher. It was well
attended by enforcement officers from across the region as well as a
number of ACG brand owners, who were on hand during the breaks to
discuss IP issues while displaying a range of genuine and fake products.
Sean Murphy, Chairman of TSSE Ltd, opened the day’s event with the first session entitled ‘National & Legal
Perspective’ and introduced Andrew Jenner, Head of the IP Crime Group IP Enforcement Unit (IP Office)
who gave everyone a useful insight into the bigger IP picture across the country and updated us on the
Market Strategy.
Bryan Lewin, TSI Lead Officer, Intellectual Property Crime, followed highlighting the pragmatic approach
trading standards needed to take within this field of work.
The session ended with a fast-flowing presentation from David Groome and Ari Alibhai, Barristers, QEB Hollis
Whiteman who gave us a speedy update on legal issues.
The next session, after a short break, was entitled ‘Regional & Local Perspective’ with speakers, Gabriella
Re (TSSE Regional Intelligence Officer), Graham Belton (Fair Trading Team Manager, Hampshire County
Council), Dean Cooke (TSO, Slough Borough Council) and Mitch Sanders (TSO Manager, Southampton City
Council).
Finally, after a wonderful lunch over-looking the racecourse, we ended with an ‘Industry Perspective’ with
ACG Members Philip Scatchard, International Federation of Spirit Producers and Andrew Pitter from ghd
speaking along with John Furzer from the Food Standards Agency and Media Protection Services Ltd,
prosecutors on behalf of ACG Members, The Premier League.

                               PriceMinister Seminar 24 April With many thanks to Microsoft for
                               hosting, ACG held a seminar on 24 April for members to meet Benoit Takaba,
                               General Counsel for PriceMinister, so that he could explain their
                               anti-counterfeiting strategy. PriceMinister is a French-owned Internet trader
which has recently launched a UK website, at the moment dealing mainly in books, games and DVDs, and
developing other markets e.g. fashion goods, all on a fixed price basis.
Unlike our favourite auction site, PriceMinister is keen to ensure that their enforcement is effective from the
start. Benoit presented their report on counterfeits in 2008, and explained their anti-counterfeiting strategy.
Members heard that 98% of suspect sales are caught before they even appear on the site
http://www.priceminister.co.uk
Members should report any problems with fakes for sale on the site either by clicking on the link provided on
each product page Report a problem with this advert to PriceMinister or e-mail legal@priceminister.com

                                                                                                     Page 9 of 19
                                            CUSTOMS CORNER

                                       UK Border Agency (Heathrow)
Alison Newbold, and 11 ACG brand owner members were invited along on Wednesday 28 January to UKBA
(Heathrow), at Custom House, Heathrow Airport to deliver some much-needed specific training on IP
enforcement issues at the borders.
Both customs and local trading standards officers were in attendance to
promote enhanced joined-up partnerships. The idea had arisen after
Mike Burt, Higher Officer, attended an ACG Roadshow last year and re-
alised that an event on ‘home ground’ would allow many more staff to
benefit from the training and advice he had received at the Roadshow.
Whilst there, Alison also met with members who were attending & exhib-
iting at the first ACG Roadshow in Gloucester on 3 March (adidas Group,
Burberry, Chorion, Harley Davidson, New Era, Nike (UK), REACT UK,
Ted Baker, Timberland, Puma, Umbro) see Snapshot pages 16 and 17.
Such was the success of the training day that another date has already been set for 20 May – with the hope
that this can become a regular feature for ACG members at Heathrow. (In fact, another similar event
is also planned at Felixstowe on 29 September; and we hope that this will encourage other ports to
participate in this way.)

                                     UK BORDER AGENCY RESULTS
Grangemouth
In December 2008, UK Border Agency officers at Grangemouth port in Fife seized fake handbags and
jewellery with an estimated street value of £3.6 million which were concealed in three containers from China.
Felixstowe
Officers at the Port of Felixstowe capped a successful year in 2008 with
seizures in December of fake women's designer footwear and counterfeit
trainers in two separate shipments from China, with an estimated street
value of £2.3m, destined for the London markets.
Then, in March 2009, more than 770 brown cardboard cartons were
found containing 9,288 pairs of fake trainers, originating in China, with an
estimated street value of £983,880. No arrests have been made but
inquiries are ongoing.
Hull
At the end of March, fake and contraband cigarettes worth £300,000 were seized at King George Docks,
when the driver of a trailer was stopped by officers after it arrived from Rotterdam. The haul was hidden in a
cargo of pint glasses; the top layer of pallets contained only boxes of glasses, but other boxes underneath
had cigarettes packed around them. An estimated 215,000 cigarettes were found concealed on each pallet.

                                IRISH CUSTOMS In the course of 2008, Revenue’s Customs officers seized 135
                                million cigarettes as they were being smuggled into the country. 57 million of them were
                                counterfeit, including fake packets of the popular John Player Blue, some of which had
                                counterfeit Irish tax stamps. About two-thirds of the quantity seized came from maritime
                                traffic, and the remainder from passenger baggage originating mainly in EU states, including
                                Poland, Latvia and Lithuania. In March 2009, Customs seized over 8 million counterfeit
                                Benson & Hedges. This year to date, just at Dublin airport, customs officers have seized
                                11 million cigarettes, with 2.3 million seized in April alone. We look forward to further
                                successes on all fronts from Customs' impressive IPR enforcement actions.

                                WORLD CUSTOMS ORGANISATION (WCO)
                               Israel's Customs 'Minister-Counsellor' Uri Bruck is leading the drive to agree
                               a new way forward for collaborative working, training etc following the
suspension of the SECURE working group. After a brainstorming session on 9 March, there will be another
meeting on 4 May with a third on 4 June, to prepare for the WCO Council meeting later that month.
                                                                                                                Page 10 of 19
                                        TRADING STANDARDS TITBITS
SUCCESSFUL APPEAL!
Essex Trading Standards v Wallati Singh [2009] EWHC 520 (Admin)
A Divisional Court (England and Wales) decision from 3 March 2009
With thanks to the IPKat for spotting this case
http://ipkitten.blogspot.com/2009/03/its-hard-life-down-in-pitsea-market.html
This was a successful appeal against an acquittal by magistrates on charges under s.92 of the Trade Marks
Act 1994 relating to fake trainers. On the initial acquittal, the defendant was characterised as 'a man with a
blameless past' who said he was looking after the market stall belonging to a Mr Hooper, whom he had
known for some 20 years. He was unemployed and his wife was suffering from depression.
He said he had been told that the goods were genuine, but thought they were so cheap because they were
'clearance stock'. He sold ladies' fashion shoes and was not a sports shoe expert, so he would not be able
to determine for himself whether the goods in question were genuine.
The Divisional Court was not so merciful, and found that Mr Singh hadn't established that he believed on
objectively reasonable grounds that the goods were genuine, so the court held that the magistrates should
not have concluded this.
As Lord Justice Goldring said: "The goods were taken in a van which was not Mr Hooper's. The respondent
knew their price was low. The sole basis for his professed belief was the word of a drug addict, who
was apparently suffering from an overdose and unwell nearby. The respondent neither saw nor sought
independent evidence, such as documentation, relating to the goods' supply or their provenance. Indeed, he
could hardly have done less."

Torfaen County Borough Council Trading Standards Team
As a result of an investigation, assisted by City of Swansea TS, on
31 January at Cardiff Crown Court. James John Coop was found guilty
of 10 charges relating to the advertising and supplying of counterfeit watches via his website
www.watch-info.org. His website offered for sale over 1000 different watches comprising of all the major
trade marked brands. Two watches were test purchased from Coop, a counterfeit Omega Seamaster and a
Rolex Submariner. When a warrant was executed at his premises other counterfeit goods were seized, along
with a laptop and PC used to maintain his website and to keep in contact with his customers. Coop was sen-
tenced to a year's imprisonment on each of the 10 charges suspended for 2 years, £7198 costs and £13000
under proceeds of crime. Forfeiture of all counterfeit goods, the laptop and PC was ordered by the court.


South Ayrshire TS Schools Open Day (with thanks to Maureen McLarty)
Following their project last year to combat the sale of fakes in their region, which
resulted in seizures worth thousands, South Ayrshire Council’s Trading Standards
Service recently welcomed approximately 200 pupils from local secondary
schools to their annual Schools Open Day Event. The theme; “Confident and Informed Young Consumers”
tied in with the National Curriculum for Excellence in Education.
One of the aims of the event was to highlight their consumer rights and responsibilities by applying practical
examples to everyday contractual situations, through rôle-playing an under-age sales transaction, and
dealing with a ‘rogue’ trader who refused to give them a refund for misdescribed and faulty goods. Pupils
were also encouraged to participate at a safety stall, with imitation food products on display alongside actual
food products, and there was a stall replicating the national Young Consumer of the Year Competition which
provided schools wishing to enter the competition with a ‘taster’ prior to the regional heats which took place in
November.
There were two competitions this year: the first was a quiz on the topics which had been discussed at each
of the stalls, with prizes for the pupil from each of the schools with the highest score. The other invited
individual pupils to draft a press release highlighting the events that took place during their visit to the Open
Day Event.
In addition, every pupil who attended the Open Day event received a ‘goody’ bag full of give-aways provided
by local and national businesses and organisations, to which ACG contributed promotional items.
                                                                                                      Page 11 of 19
POWYS County Council TS (with thanks to Lee Evans)
Powys TS has conducted their first Proceeds of Crime case against West Midlands based
counterfeiter Isran Khan, who was prosecuted in 2008 for selling counterfeit clothing at
markets in Powys. He was sentenced on 10 April 2008 at Mold Crown Court to six months
imprisonment, suspended for two years with supervision, and 250 hours of unpaid work.
Following Proceeds of Crime confiscation proceedings, Khan appeared in Caernarfon Crown Court on Friday
16 January 2009, where the judge made an order that the benefit of Khan’s general criminal conduct from
selling counterfeit goods amounted to £21,765.
A house in which he has an interest had fallen considerably in value recently but the Council can seek
payment of the criminal benefit figure once the property market recovers, with interest on top. The van used
for his business, and its satnav system, have been forfeited along with all fake items seized.


BRENT & HARROW TRADING STANDARDS
Bhavin Shah fenced thousands of pounds worth of counterfeit goods on eBay – from razor
blades to computer games - trading as healthheaven2000. Unfortunately for him, Brent &
Harrow TS were after him and he sold them fake razor blades during a sting which
uncovered an online fraud operation linking Shah to £26,000 worth of fake clothes, cosmetics
and computer games lined up for sale on the popular website.
Shah pleaded guilty on March 25 to possessing counterfeit goods at Harrow Magistrates Court and was
sentenced to 270 hours community service, in addition to being made to pay costs of £2,009. He has been in
operation for some time, as a number of complaints were received by Trading Standards from unhappy
customers who had been sold fake goods as early as December 2007.
Three computers were also seized which revealed the true extent of his fraudulent operation as they
contained evidence of customer transactions in addition to stock orders from China.
In another case, two defendants Ullah and Mehjoub were given 12 month prison sentences at Harrow
Crown Court on 16 March for importing counterfeit clothing and footwear. Ullah was also ordered to
pay £20,000 prosecution costs and a £30,000 confiscation order was made under the Proceeds of Crime
Act 2002.
His Honour Judge Madge stated, "Parliament clearly considers offences made under Section 92 to be
serious. Your role is perhaps less serious that those who manufacture, but it is more serious than those who
just sell. Considerable profits can be made by those who breach trade marks. These offences are so serious
you cannot avoid a custodial sentence".


SOUTHWARK TS has been in the news recently:
(1) Selling illegal cosmetics costs Peckham retailer £81,000 - MHRA case
Mr Mohammed Mushtaq, a Director of Peckham Cosmetics Limited at 79-81
Rye Lane, SE15 was fined £13,600 for offences relating to the supply of
banned skin lightening products and counterfeit hair dye products. Most of the charges concerned skin
lightening products containing the banned bleaching ingredient hydroquinone and other steroid based skin
creams The steroid based creams were so potent that they should only have been available on prescription.
The Inner London Crown Court heard that in July 2006 Southwark TS and MHRA officers had conducted an
undercover test purchase of Movate, a steroid based cream. The following month the shop was raided with
the assistance of Lane Safer Neighbourhoods Officers and nearly 4000 banned cosmetics and steroid based
products were seized. Counterfeit Sta-Sof-Fro hair dye was also found on sale. The business had already
been advised not to deal in such products but despite the inspection continued to sell hydroquinone based
products when two further test purchases were made in May 2007.
A confiscation order under the Proceeds of Crime Act for the financial benefit gained through this criminal
activity was also made for £64,553. The financial investigation was undertaken by the Metropolitan Police
and London Regional Asset Recovery Team. Mr Mushtaq was also ordered to pay £3,000 towards the
prosecution costs.                                                                            continued...
                                                                                                  Page 12 of 19
(3)     Counterfeit goods sent for recycling - Feb 2009
A clearout of trading standards evidence stores has seen over 10,000 items sent for recycling or secure
non-landfill based destruction. The wide range of goods which had been seized during previous enforcement
raids included the following:
      5000 counterfeit designer wear clothing, footwear and accessory items
      3000 counterfeit batteries
      650 counterfeit razor cartridges
      637 kg of illegal skin lightening cosmetics
      900 counterfeit condoms
      75 litres of counterfeit vodka
      55 kg of counterfeit Spiderman toys.
Southwark work with the Christian charity organisation 'His Church' which puts counterfeit clothing to good
use in countries in need of humanitarian aid. Where items cannot be de-branded, or are unsuitable for such
distribution, they are sent for recycling.

WESTMINSTER Trading Standards
(1) January 2009 - Salih - Southwark Crown Court
Mohammed and Mahmud Salih, a father and son who ran an import company
selling fake designer handbags and wallets to traders in central London, were
sentenced at Southwark Crown Court on 23 January.
A TS officer from Westminster City Council worked undercover as a trader buying goods from Jenna Imports
to prove that they knowingly supplied fakes. Officers seized almost 1,000 items in total including fake
Gucci handbags, Prada wallets and Armani purses after investigations into other traders selling counterfeit
goods led them to the Acton-based company. They were importing items from Dubai and it is believed
they supplied at least two market traders – who have already been prosecuted for selling counterfeit goods
by Westminster Council.
Mohammed, 22, pleaded guilty to 17 offences under the Trade Marks Act 1994 while his father Mahmud, 54,
pleaded guilty to six offences. Judge Andrew Goymer told Mohammed Salih that he had narrowly avoided
a prison sentence. He added: “The presence of counterfeit goods damages the economy, damages the
manufacturers and deceives the public.”
Mohammed was given a 12-month sentence, suspended for 12 months and was ordered to complete
250 hours of unpaid work and pay £1,000 costs. Mahmud was given a 12-week sentence suspended for
six months and was given a curfew order stating he must be at his home between 9pm and 7am every day
for six months.
(2)     March 2009 - Jessamine - City of Westminster Magistrates Court
An Oxford Street trader, Harvey Jessamine, was caught by Westminster’s trading standards officers with
more than 1,500 fake bags, belts, wallets and watches at his concession inside a shop called Amazon in
Oxford Street. The haul would have been worth thousands of pounds if real; the items were seized along
with more than £2,000 cash found in Jessamine's jacket.
Jessamine, 35, of Tollerton Lane, Nottingham, pleaded guilty to 28 offences under the Trade Marks Act 1994
at City of Westminster Magistrates Court on 12 February 2009. The court heard he had a previous conviction
for selling counterfeit goods in Nottingham in 2002. He was sentenced to 150 hours community punishment
and ordered to pay £4,000 in costs.
The district judge who sentenced Jessamine said his offences were “very serious” and that if he failed to
complete his community punishment order, he could be sent to jail.
Westminster Council keeps two thirds of the £2,161.41 cash seized during the raid on Jessamine’s premises
(which is considered to be proceeds of crime) and will reinvest it in trading standards enforcement work.

                                             TWO GOODBYES
                 We are very sad to be saying farewell to two very special anti-counterfeiting
                 champions – Bryan Lewin (left: retired Head of Service at Northamptonshire
                 and TSI Lead Officer for IP) and Gavin Terry (right: Oldham TS and IP Office).
                 Bryan is soon handing over his Lead Officer rôle, Gavin is leaving Oldham TS
                 shortly, but we hope to stay in touch with both of them in the future.
                                                                                                  Page 13 of 19
                                   Dorset TS have been vigorously pursuing internet trad-
                                   ers in their region, and their Head, Ivan Hancock, is
                                   attending our Spring Conference to share their news.
                                   In their latest case, a Dorset man who bought and sold
                                   a variety of counterfeit items over the Internet, from his
                                   home, was sentenced to 60 hours community service and forfeiture of the
                                   goods, at Weymouth Magistrates’ Court. Fakes included ‘Lacoste’ and 'Nike'
                                   training shoes (bought by a trading standards officer during a test purchasing
                                   exercise), 'Rolex' watches and 'Apple' ipods.

                                               JOINT OPERATIONS
OPERATION MANHATTAN - SALFORD MARKET - MARCH 2009 Police officers from Salford Division,
together with Trading Standards, the Department for Work and Pensions (DWP) and HMRC took part in
Operation Manhattan. 5,000 DVDs, CDs and various brands of clothing totaling approximately £145,000
were seized, together with 4,360 cigarettes and just over 1.5 kilograms of tobacco.

WEST LOTHIAN - counterfeit software importer A MAN who imported and sold counterfeit software has
been fined £19,500. Iqbal Ahmed, of Inchwood Avenue, Bathgate, was convicted of five charges under
section 92(1)(c) of the Trade Marks Act 1994. The counterfeit goods involved included 600 copies of
Microsoft Windows XP software, 1800 fake Epson print cartridges and 50 fake Hewlett Packard print
cartridges. Ahmed, 29, admitted to buying the software for £20 and selling it for £50. He was sentenced at
Linlithgow Sheriff Court to 160 hours unpaid community work and ordered to pay £19,500. The case followed
a tip-off from customs officers and involved a joint operation between West Lothian Council Trading
Standards, Lothian and Borders Police, Central Scotland Police and Microsoft and Epson.

NEWSCASTLE January 2009 Trading standards and police officers raided a shop in Newcastle’s West
End and found five rooms packed full of counterfeit goods worth an estimated £60,000. Fake sportswear,
jeans and trainers were found, thought to be manufactured in China and the Far East. The haul was one of
the biggest ever recovered on Tyneside, but it was thought that many items had already been flogged to
unsuspecting families in the run-up to Christmas. Police had received tip-offs about the stash of fakes from
members of the community in Benwell, in the West End, and passed the intelligence on to the City Council’s
trading standards team. They teamed up to carry out the raid, along with brand owner representatives.

CHOCS AWAY!
Not the first-ever attack on Ferrero Rocher, which has sued before in China (the real thing is a popular gift at
Chinese New Year) but certainly a first for French customs to seize fake chocolates. (The story broke just
before Christmas, so it missed our last e-Newsletter!)
Ten tons of the counterfeits - worth £208,000 - were seized at
Rungis, outside Paris, France's most famous wholesale market.
The real thing is of course best known via the much-parodied TV
ads as the choice for diplomatic parties worldwide!
The haul of 33,000 boxes arrived in France in a refrigerated truck
from Turkey and is said to be French customs' biggest seizure
of foodstuffs. The load contained various kinds of fake Ferrero
chocolates, which looked authentic, but without the sticker on each
chocolate bearing the company's logo.
The fakes were tested and not found to be dangerous, but they were of poor quality. It's been reported that in
Italy (where the real Ferreros originate) charities for poor and homeless people were given fake caviar seized
in a raid. But in Paris the fake Ferreros were destroyed.

                         eBay latest The Internet Stakeholder Dialogue in Brussels has just had its second meeting
                         and we await reports from those present representing the brands. ACG is also back in dialogue
                         with eBay, following up once again our request to be linked from their site for advice on counter-
                         feits. We are also asking for clarification of the PayPal refunds policy as regards destruction of
fakes by buyers, given that many fake products have to be disposed of with care. We are awaiting judgment in the L'Oreal
case which was heard in the High Court last month, while (as reported to members) Rolex lost their case in Germany - we
don't know as yet whether an appeal is on the cards.
                                                                                                               Page 14 of 19
                                                    ACG ROADSHOW SNAPSHOT
    The Anti-Counterfeiting Group                         Tuesday 3 March 2009
 Campaigning Against the Trade in Fakes
            www.a-cg.org
                                                 The Cheltenham Chase Hotel, Gloucester

                                            The Cheltenham Chase Hotel was the venue for the first ACG
                                            Law Enforcement Roadshow of 2009, situated just on the outskirts
                                            of this popular spa town. It's probably most famous for being the
                                            home of the Gold Cup, the flagship race of British steeplechase
                                            horse racing, the main event of the Cheltenham Festival held every
                                            March (which we missed so all bets were off!).
Alison Newbold, ACG Group Manager, welcomed everyone to the event and explained that the first part of
the day was focusing on sharing Intelligence, since joined-up working partnerships with all agencies was
absolutely vital in the fight against Intellectual Property Crime.

                           Alison then handed over to the first speaker of the day - Tim Grace, (left), an Intelli-
                           gence Analyst from HMRC, who stepped in earlier than billed as Gavin Terry was
                           spotted heading off to try and unravel his encrypted memory stick! Tim’s work has
                           only become known to ACG very recently and provides great inspiration when it
                           comes to intelligence. He sources and collates information, enters all data into rele-
                           vant spreadsheets & databases, then analyses and makes links between phone num-
                           bers, address & postcodes etc. He then pro-actively shares this information with as
                                                       many people as he can via the gateways currently in place
                                                       which allow him to do so. He has pin-pointed various ‘hot-
                                                       spots’ across the country - Cheltenham being one of them!

                                             Alison was then able to hand over to Gavin
                                             Terry (right) from the Intellectual Property
                                             Office, who had by then disentangled
                                             his memory stick.
He re-iterated that it is essential to have an organised multi-agency approach in order
to combat Intellectual Property crime. Mechanisms need to be clearly in place to
allow all parties to share Intel and with twelve to fifteen staff involved in this at the IPO
there was a clear commitment on their part that this was the way forward.


                            Changing pace slightly, we then switched from an enforce-
                            ment perspective to a brand perspective with Glyn Roberts
                            (left) speaking on behalf of the Americana brand, Bench.
                            Initially a small menswear brand, Bench was a cool under-
                            ground label with roots in skateboarding and BMX. It is now
                            known for its strong graphic-based printed t-shirts and sweats.
                            Bench has developed into an urban lifestyle brand with a
                                                       broad exciting collection, appealing
                                                       to the über-cool across a variety of
                                                       urban sub-cultures.

Next we welcomed another ACG Member, Alan Dursley, Nike (UK) Limited. Alan
(right) explained that Nike does not make jewellery, perfume, lighters, cell phone
covers, accessories, toys or (most-importantly) low quality goods! He gave examples
of very quick easy-to-identify ways of discovering if a product is genuine or fake.
Operation Guilnet is an extension to the highly successful Operation Lateral last year.
This joint agency operation involves the UK Border Agency,
trading standards and Parcel Force freight services, to x-ray and
seize parcels containing potential counterfeit footwear entering
the UK by air via EMS China Postal service.
Currently the brands in the project are UGG Australia, ghd and Nike but plans are in place to include more
brands in the future. Nike is re-locating all their commercial management functions to central London -
effective from 1st June 09 - and enforcement agencies will be notified in due course.
                                                                                                        Page 15 of 19
The coffee break gave enforcement officers a great networking opportunity to meet each other and visit ACG
members' stands, exhibiting real and fake versions of their products.




                                After the break we focussed on three new members of ACG. First up was Damon
                                Dean (left), Corporate Lawyer for Kyocera. In 1959, with capital of 3 million yen and
                                28 staff members, Kyoto Ceramic Co., Ltd. was founded as a company specialising in
                                fine ceramics. The company's facilities included a headquarters and factory.
                        Today Kyocera products are an integral part of home, office and the community.
                        In the office, a wide array of Kyocera components are at work inside digital copiers,
                                                          printers, PCs and network equipment. And through-
                                                          out the community, Kyocera mobile phones and
                                                          PHS handsets are ubiquitous, forming the back-
                                                          bone of most offices. Quite simply their preferred
routes are always Customs-cleared in Rotterdam. They are then taken by road to Beringe in south of the
Netherlands. From there entry into UK is via DHL and on to the Regional Distribution Centres. Therefore if
products arrive for customs clearance in UK, be suspicious!

                        Cath Howell-Walmsley (top left) was up next for UGG. UGG started in 1978 when
                        a young Australian surfer took a trip to the US with a bag of
                        sheepskin boots. In 1995, Deckers Outdoor Corporation
                        bought the brand – and today
                        UGG® australia is the world's
                        largest purveyor of Grade-A sheep-
skin boots (and many other products!). Strangely, given the
name, UGG® australia boots are not made Down Under,
but are actually manufactured in China, then shipped
through Hong Kong and onwards by sea freight into
Southampton (or, very occasionally, Felixstowe or London).

The latest brand to join ACG is ghd and we were delighted to
welcome (so early in their membership!) Andrew Pitter (right),
Head of Brand Protection. A Yorkshire based, British-owned
company, it is only seven years since ghd was born and it is
now an undisputed world leader in hair-styling products!
With any counterfeit electrical product, the main cause for concern is
obviously safety and failure to meet the requirements of The Electrical
Equipment (Safety) Regulations 1994 can result in an electric shock or
burns. Among the most counterfeited ghd products are the pink stylers.
Most counterfeit stylers are currently made in China; the genuine ones are
only made in Korea. Sadly, sales of the counterfeit stylers are also defrauding the Breakthrough Breast
Cancer Charity of £10.00 for each pair sold, which ghd have been supporting for a number of years.
ghd never ships items direct to individuals/businesses. The main port of entry into the UK for sea freight is
Felixstowe (90%) and for air freight - London Heathrow (10%). All goods are handled upon arrival in the UK by
Allport (in Hayes Road, Heathrow) and are only ever imported in bulk, to be packed and finished in the UK.

   The Anti-Counterfeiting Group, PO Box 578, High Wycombe HP11 1YD UK                 T: +44(0)1494 449165 F: +44(0)1494 465052 E: info@a-cg.com www.a-cg.org
                                      The Anti-Counterfeiting Group is a company limited by guarantee incorporated in England & Wales.
                         Registration number: 1984849. Registered office: 3 Manor Courtyard, Hughenden Avenue, High Wycombe, Bucks HP13 5RE
                                                                                                                                                    Page 16 of 19
                                                                     ACG MEMBERS

ACG Members - Full
adidas International Marketing BV (Netherlands)          Pernod Ricard                                            Pakharenko & Partners (Ukraine)
Americana International Limited                          Philip Morris International Management S.A               Palmer Biggs Legal
Aquascutum Limited                                       Premier League                                           Powell Gilbert LLP
Arsenal FC                                               Procter & Gamble Legal Department                        Rapisardi Intellectual Property (Italy)
Autodata Limited                                         Puma UK                                                  Rominvent SA (Romania)
BatMark Limited                                          Radley & Co Ltd                                          Rouse Legal
BBC Worldwide Limited                                    Richemont International Limited                          S D Petosevic bvba (Eastern Europe)
Beiersdorf AG                                            Rolex UK                                                 S J Berwin
Ben Sherman                                              Shell International Limited                              Taylor Wessing LLP
BIC (France)                                             Spirits International NV (Cyprus)                        Trevisan & Cuonzo Avvocati (Italy)
BP plc                                                   Suzuki GB Plc                                            United Trademark & Patent Services (Pakistan)
Breitling UK Ltd                                         Ted Baker Limited                                        Withers LLP
Burberry Limited                                         The Football Association Limited                         Wragge & Co LLP
Canon Europe Limited                                     The Timberland Company (USA)
Cartier Limited                                          Tommy Hilfiger Europe BV (Netherlands)
Chanel Limited                                           Umbro International Limited
Chorion Ltd                                              Unilever Plc
Coca-Cola Great Britain                                  Warner Bros
                                                         William Grant & Sons Limited                              ACG Members - Correspondent
Colgate-Palmolive (UK) Limited
                                                                                                                   Adidas-Group
Deckers Outdoor Corporation
                                                                                                                   Baker & McKenzie (Hong Kong)
Diageo Plc                                                                                                         Coca-Cola Enterprises
Ed Hardy (Nervous Tattoo Inc)                                                                                      Federation of the Swiss Watch Industry
Elizabeth Arden UK Limited                                                                                         Gant UK Ltd
ELSPA                                                    ACG Members - Associate                                   Gucci Group
Estee Lauder Companies                                   23 Essex Street                                           IFSP UK
Fashoff Limited T/A Moschino                             Anthony Evans & Co (Hong Kong)                            KBL Limited (Lacoste)
Ford Motor Company Limited                               Baker & McKenzie                                          Lovells (Hong Kong)
G-Star                                                                                                             Pakharenko & Partners (London)
                                                         BDO Stoy Hayward
                                                                                                                   Puma UK
Gallaher Limited                                         Berwin Leighton Paisner LLP                               S D Petosevic (Balkan Regional Office)
Gant AB (Sweden)                                         Bird & Bird                                               The Timberland Company
ghd                                                      Bojinov & Bojinov (Bulgaria)                              Tobacco Manufacturers Association
GlaxoSmithKline Plc                                      Bristows                                                  Unilever Plc
Gucci Group Watches                                      Browne Jacobson
Harley-Davidson Europe Limited                           Cermak Horejs Myslil a spol (Czech Republic)
Hasbro Europe                                            Clifford Chance
Hugo Boss UK Limited                                     Collyer-Bristow
Imperial Tobacco Limited                                 Davenport Lyons
                                                                                                                   ACG Members -
Jimmy Choo Ltd                                           Deacons (Hong Kong)                                       Brand Protection Group
John David Sports & Fashion Plc                          Denton Wilde Sapte                                        Amann Group
Kodak Limited                                                                                                      Angel Group of Companies (India)
                                                         DFMG Solicitors (Dublin)
Kyocera Mita Europe BV                                                                                             Avery Dennison
                                                         DLA Piper UK LLP                                          Brand Solutions International Ltd
Lacoste SA (France)                                      DMH Stallard LLP                                          Cash's (UK) Limited
Levi Strauss (UK) Limited                                Emilianides & Kyriakides Law Office (Cyprus)              Commercial Security International Ltd
LVMH Fashion Group (France)                              Field Fisher Waterhouse LLP                               Control Risks Group Limited
Luxottica UK Ltd                                         Grau & Angulo (Spain)                                     Envisional Ltd
Mars Incorporated                                        I P Matters Co Ltd (Jordan)                               Hasselmann UK
MCPS - PRS Alliance Ltd                                  J Pereira Da Cruz SA (Portugal)                           Hemaya Universal Ltd Co (Saudi Arabia)
Microsoft Ltd                                            Landwell Solicitors (Ireland)                             MarkMonitor International Ltd
Mulberry Group Plc                                       Lellos P Demetriades Law Office (Cyprus)                  MSO Cleland Ltd
New Era Cap (Europe) Ltd                                                                                           OpSec Security Limited
                                                         Lovells LLP
                                                                                                                   Payne Security
Nike (UK) Limited                                        Marks & Clerk                                             PICA Corporation
Nokia Corporation                                        Matheson Ormsby Prentice (Ireland)                        Selectus Limited
Normalu Barrisol SAS                                     Mishcon de Reya                                           SML Europe Ltd
Panasonic UK Limited                                     Olswang                                                   Surelock International Ltd
Pentland Brands Plc                                      Osborne Clarke




     The Anti-Counterfeiting Group, PO Box 578, High Wycombe HP11 1YD UK                 T: +44(0)1494 449165 F: +44(0)1494 465052 E: info@a-cg.com www.a-cg.org
                                        The Anti-Counterfeiting Group is a company limited by guarantee incorporated in England & Wales.
                           Registration number: 1984849. Registered office: 3 Manor Courtyard, Hughenden Avenue, High Wycombe, Bucks HP13 5RE         Page 17 of 19
   The Anti-Counterfeiting Group                                            ACG Brand Protection Group
Campaigning Against the Trade in Fakes
           www.a-cg.org


             ACG Brand
             Protection
             Group (BPG)
             Members are                              Commercial security International                             OpSec Security Limited
                                                      www.comsec-international.com                                  www.opsecsecurity.com
             suppliers,
                                                      Mr James Ramm                                                 Ms Julie Cotterill
             investigators &                          James.ramm@comsec-international.com                           jcotterill@opsecsecurity.co.uk
             consultants
             supporting ACG
members in the fight against
counterfeiters.
To learn more visit:                                  Control Risks Limited                                                Payne Security
www.a-cg.org                                          www.control-risks.com                                         www.payne-worldwide.com
or email:                                             Mr Chris Sherwood                                             Mr Richard Burhouse
                                                      Chris.sherwood@control-risks.com                              richardburhouse@payne-worldwide.com
bpg@a-cg.com




Amann Group                                           Envisional                                                   PICA Corporation
www.amann.com                                         www.envisional.com                                           www.pica.net
Mr Kenny McMaster                                     Mr David Franklin                                            Mr Graham Pollock
kenny.mcmaster@amann.com                              david.franklin@envisional.com                                gpollock@pica.net




Angel Group of Companies                              Hasselmann UK                                                 Selectus Limited
www.angelindia.com                                    sh@hasselmann.co.uk                                           www.selectus.co.uk
Mr D Sachithanantham                                  Ms Susanne Hasselmann                                         Mr Nicholas Buckley
sachi@angelindia.com                                  (BPG Chair)                                                   nicholas@selectus.co.uk




Avery Dennison                                        Hemaya Universal Ltd Co                                      SML Europe Limited
www.ris.averydennison.com                             www.hemayauniversal.com                                      www.sml.com
Mr Dean Garner                                        Mr Taher Ghaleb                                              Ms Lesley Sanderson
dean.garner@eu.averydennison.com                      tghaleb@hemayauniversal.com                                  lesleysanderson@sml.com




                  Brand Solutions                     MarkMonitor International Ltd                                Surelock International
International Ltd                                     www.markmonitor.com                                          www.surelock.org
www.brandsolut.co.uk                                  Mr Charlie Abrahams                                          Mr Ron Harrison
Mr Andy Hunter                                        charlie.abrahams@markmonitor.com                             ron@surelock.org




          Cash’s (UK) Limited                         MSO Cleland Ltd
www.jjcash.co.uk                                      www.msocleland.com
Key Account Manager                                   Mr Alan Millikan
                                                      alan.milliken@mso.co.uk



    The Anti-Counterfeiting Group, PO Box 578, High Wycombe HP11 1YD UK                 T: +44(0)1494 449165 F: +44(0)1494 465052 E: info@a-cg.com www.a-cg.org
                             The Anti-Counterfeiting Group is a company limited by guarantee incorporated in England & Wales.
               Registration number: 1984849. Registered office: 3 Manor Courtyard, Hughenden Avenue, High Wycombe, Bucks HP13 5RE                    Page 18 of 19
                                                            The Anti-Counterfeiting Group
                                                         Campaigning Against the Trade in Fakes
                                                                    www.a-cg.org

                                                        ACG Council & Committees

                         ACG COUNCIL                                                         CLOTHING & FOOTWEAR GROUP
        Chair: Richard Heath, Unilever                                              Chair: Chrissie Morse, The Timberland Company
 Vice-Chair: Shelley Duggan, Procter & Gamble                                            Vice-Chair: Tony Williams, REACT UK
• ACG is run by an elected Council of up to 14 Directors,                           • Open to Full Members, Associates representing declared
 representing organisations which are full ACG members                                clients, enforcement officers
• New Directors are elected at the Annual General Meeting held                      • Exchanges sector intelligence; share information/resources in
 in May each year. Existing Directors must stand for re-election                      UK law enforcement
 at an AGM after three years                                                        • Co-operation with/training of enforcement agencies
• The Council elects ACG's officers (Chair, Vice-Chair,
                                                                                    • Liaises with authorities on detection/prosecution of
 Company Secretary and Treasurer)                                                     counterfeiters and pirates
• ACG has various industry groups and committees which feed
                                                                                    • Contributes to ACG's campaigns for better resources for
 in to Council's decision-making. Most meet twice a year, and                         Trading Standards
 in between members are updated on latest news and issues
 via our website and e-mail bulletins                                               • Participates in other ACG initiatives (e.g. guidance notes,
                                                                                      EU lobbying)
                                                                                    • Supports ACG Roadshows and Conferences
                   ASSOCIATES GROUP
                                                                                    • Attendance at annual TSI Conference
      Chair: Siân Croxon, DLA Piper (London)
• Other ACG meetings are open to Associates and this Group
 meets ad hoc when there are specific legal issues to discuss                                    INTERNATIONAL COMMITTEE
 and resolve.                                                                          Chair: Nikki Bullock, Harley-Davidson Europe
• Individual Associates also contribute greatly to initiatives of
                                                                                    • Open to UK and international members
 other ACG Groups and Committees on legal matters e.g.
 several Associates regularly assist with legal research and                        • Three principal priority areas for pan-industry initiatives:
 with drafting ACG submissions in government consultations                            - import and distribution within the UK
 (OFT, Enterprise Act)                                                                - import, manufacture and distribution within the EU
                                                                                      - manufacture and distribution in rest of world
• A new Legal Group is under consideration, which will include
 full members' in-house counsel.                                                    • Co-ordinates support for international law enforcement and
                                                                                      intelligence-gathering
                                                                                    • International networking and information-sharing
           BRAND PROTECTION GROUP
                                                                                    • Advises Council and liaises with other ACG Groups
               Chair: Susanne Hasselmann
                                                                                           Targeted activity:
• Open to product security technology suppliers, investigators
                                                                                    UK:    HMRC - Customs (for transnational issues)
 and independent consultancies
                                                                                    EU:    EU Commission e.g Customs Regulation, Enforcement
• Shares anti-counterfeiting intelligence and experience in the                            Directives; other industry organisations e.g European
 product security sector                                                                   Brands Association (AIM)
• Advises on current/proposed brand protection legislation and                      World: Relations with the main international organisations
 evolving technologies PR and lobbying support for ACG                                     (e.g. WIPO, Interpol, WCO), global initiatives e.g.
 activities                                                                                BASCAP, and trends in the trade in fakes
• Educates brand owners/enforcement agencies on security
 technologies/services                                                              Other ad hoc issue-led meetings and seminars are also held
                                                                                    during each year, as required, including Customs training and
• Provides information to ACG members about product security
                                                                                    Internet enforcement. We also hold four Roadshows and two
 solutions
                                                                                    Conferences each year, which address the latest issues in IPR
• Supports ACG Roadshows and Conferences                                            enforcement.

     The Anti-Counterfeiting Group, PO Box 578, High Wycombe HP11 1YD UK                 T: +44(0)1494 449165 F: +44(0)1494 465052 E: info@a-cg.com www.a-cg.org
                              The Anti-Counterfeiting Group is a company limited by guarantee incorporated in England & Wales.
                Registration number: 1984849. Registered office: 3 Manor Courtyard, Hughenden Avenue, High Wycombe, Bucks HP13 5RE                    Page 19 of 19

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:339
posted:5/13/2010
language:English
pages:19