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ACG 30TH ANNIVERSARY E-NEWSLETTER - SUMMER 2010

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					                                      ACG 30TH ANNIVERSARY
                                   E-NEWSLETTER - SUMMER 2010
 This is a very special edition of our e-Newsletter, marking the 30th anniversary of ACG's foundation
 in 1980, with just 18 members. ACG was actually incorporated in 1985 as a company limited by
 guarantee - an excuse for another major celebration in 2015!

So it's appropriate, though disappointing, that this edition will be covering so many unresolved issues.
Ongoing problems with enforcement of IP rights will continue to provide ACG with an important job to do for
its members well into the future. First, though, some resounding successes to report:

CONGRATULATIONS TO BRYAN LEWIN MBE!
In the New Year Honours List there appeared a familiar name - someone who has done
so much to develop IPR enforcement throughout his career in trading standards, and who
continues to support ACG in our campaign against the trade in fakes. We were proud to
welcome Bryan as our keynote speaker at our Spring Conference, with his wife Margaret,
to present his version of the last 30 years of anti-counterfeiting!

ACG MARKETS STRATEGY/FUNDING ACG's own markets strategy launched last year, working with
market security and trading standards to target problem markets around the country, and we then also joined
the cross-sectoral National Markets Group, which has the same objectives. We have shared our Markets
Product Guide (available to law enforcement and members on our website, and otherwise on request) and
worked with other rights holders to raise awareness of the harm caused by the sale of fakes to legitimate
traders, consumers and industry.




                                        Calling all ACG members… our Market Product Guide has been produced to help law-abiding
                                      traders, market owners/organisers and their customers. It includes some easy ways to spot fake
                                          products. If we have not yet received your entry, please contact us: email info@a-cg.com

 THE REAL DEAL CAMPAIGN
 In response to an appeal for more funding (the Industry Trust having wholly funded the
 campaign last year) 10 ACG members individually signed up to help fund the Real Deal
 campaign this year. With ACG's own contribution, and generous support from BASCAP,
 in all we've given £19K of the £21K matching funding required to support the campaign up
 to March 2011. Very many thanks to those members who have signed up and of course to
 BASCAP!

Great news for the campaign in late January was the indefinite closure of the notorious Cross Green Market
in Leeds (owned by Leeds City Council). The land is likely to be re-developed.
There was also a massive seizure of counterfeit goods at Bovingdon Market in March (scene of the
previously reported Wendy Fairs case). A joint operation between Hertfordshire Trading Standards and
Hertfordshire Constabulary led to what is believed to be the biggest ever seizure of counterfeit goods in the
county - clothes, shoes and CDs - from 11 stalls. Many fake versions of well-known brands were on sale.
The seizure followed a similar operation last November, when more than 5,500 counterfeit CDs and DVDs
were seized from three stalls at the market.
Postal address: 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
                                                                                                                                                  1 of 26
 A markets seminar was held on 26 March 2010, organised by the Industry Trust and supported by
 ACG and the Alliance Against IP Theft, to promote the Real Deal campaign. ACG provided a table of
 fake products as an interesting exhibit for the 100 delegates
 who attended, and we had pop-up stands with ACG and
 BASCAP logos promoting our support for the Real Deal.
 Journalists were there from Which? and from the Market
 Trader magazine and our DG Ruth Orchard made sure they heard from her at some length! Ruth met up
 with Wendy Fairs Markets representatives, and discussed the ongoing issue of fakes in their markets.
 She invited them to contact ACG if they need to consult brand owners in future. Ruth also led an ACG
 presentation in the afternoon about how to spot a fake, with expert support from Natalie Wong (New Era),
 Lisa Ewen (Chanel) and Chrissie Morse (Timberland) who each explained some essential ways to spot
 fakes of their products.
 The seminar covered the problems and challenges that all stakeholders face in tackling
 the sale of counterfeits at markets and the support and solutions available - signing up to
 the Real Deal being an obvious one. Supported by the enforcement work of the National
 Markets Group as above, this is a truly ground-breaking initiative, with all stakeholders
 working together for the first time in a consistent way to tackle the problem of fakes in
 markets on a national basis. Visit the Real Deal website at http://www.realdealmarkets.co.uk


NORTH WEALD MARKET (APRIL) - ESSEX TS
Over 2,200 pieces of counterfeit clothing and jewellery were seized from two stalls in
North Weald Market during a raid on Saturday April 17, in an operation carried out by
Essex Trading Standards at the site, in North Weald Airfield.
The clothes, which were being sold for around £15 each, would have made the
traders £30,000, but if genuine would have had an estimated retail value of £120,000.
Around 200 pieces of fake jewellery, with a total market value of £1,600, were also
seized and everything was then destroyed. Essex TS has been in the forefront of successful market
strategies for many years and is participating in the Real Deal Campaign for fake free markets. They
continue to take a zero tolerance approach to the sale of counterfeit goods in the county, often working
undercover at boot sales and markets at weekends, and raising awareness amongst their organisers to
prevent the sale of counterfeit items. Members of the public who are concerned about the sale of counterfeit
goods at boot sales or markets can call Consumer Direct on 0845 404 0506.

  WORLD ANTI-COUNTERFEITING DAY
              8 JUNE
 Our Group Manager Alison Newbold attended East
 Midlands Airport to mark WAC Day by presenting the
 Customs team with their ACG award for excellence in
 anti-counterfeiting.
 Their press office had ensured good media interest
 including SKY and BBC News (East Midlands).                         Left to Right: Manijeh Ballentyne,      Alison Newbold
                                                                Sarah Harwood, Steve Terry & Nick Williams ACG Group Manager
 The award was the lead story on the BBC News at
 18.30 and this link takes you to the BBC News website and, at the bottom of the page, Alison's first-ever TV interview -
 an excellent start to her media career! http://news.bbc.co.uk/1/hi/england/leicester/10269318.stm
 Manchester City Council decided to mark the day by visiting one of the markets in their area. Trading Standards staff, assisted
 by Greater Manchester Police and brands' representatives, visited the privately owned Conran Street Market in Harpurhey. The
 market was very busy that day, with a number of stalls selling counterfeit goods, including DVDs and clothing. TS seized over
 2,000 disks containing the latest film, music and games, over 100 inlays for films and 146 items of fake clothing bearing various
 trade marks including Ed Hardy, Superdry, G-Star, Henleys, adidas and Fred Perry. Together, these goods had a retail value in
 excess of £26,000. and there was one arrest.
                        Also on 8 June, the Association des Industries de Marques (European Brands Association) was to
                        be congratulated for its Anti-Counterfeiting Committee - of which ACG is a longstanding member - being
                        awarded a 2010 Global Anti-Counterfeiting Award in the association category. These awards are
 sponsored each year by Reconnaissance International's Authentication News and the Global Anti-Counterfeiting Group Network
 (GACGN). Shelley Duggan (ACG Vice-Chair and Chair of the Committee) went to Paris on 8 June to accept the award on AIM's
 behalf. AIM sent a message thanking all those whose participation and support for the Committee over many years had led to
 this award being made.                                                                                                  2 of 26
*** OTHER MEDIA STARS ***
Apart from Alison's TV triumph, the series Fake Britain (currently being repeated) first aired on BBC1 in
March, with an episode on fake goods. ACG and individual members assisted the production company with
information, and trading standards participated - for example, Sandra Cook, Kent CC Trading Standards, was
filmed manning their "market stall" at the Kent County Show, full of counterfeits.
ACG Council Chair Richard Heath gave an interview to Prima magazine in early June, which was covering
everything from fake designer clothes to counterfeit medicine and fake auction sites and websites - a very
good way to raise awareness of the issues. Our DG Ruth Orchard has also given many media interviews,
throughout the year so far, ranging from the Daily Mail to the BBC and its independent producers for such
programmes as Watchdog, and publications as the Economist and Packaging & Converting Intelligence
magazine. Where appropriate, requests for member input are circulated, so that members who wish to
comment or appear have the opportunity to do so.

                                                 NEW IP MINISTER
LOBBYING             As reported recently to members, the new Minister for IP is
                     Baroness Wilcox. As with Baroness Morgan in 2008, our Minister
                     is in the Lords and not a Minister of State, as David Lammy was,
                     but a Parliamentary Secretary.
                    Baroness Wilcox is responsible for all BIS matters in the Lords, not
                    just IP, so she will be busy with many issues. But her portfolio may
                    make more sense and it means that the IPO will also be in the right
     NEWS           place (BIS). She has a lot of relevant experience e.g. as Vice-
                    Chair of the Consumer Affairs and Trading Standards All-Party
Parliamentary Group, President of TSI, and activities in consumer affairs generally. We are meeting with her
on 27 July and will be emphasising the importance of an IP champion in government, the need to protect
trading standards enforcement resources in the face of all the planned cuts, the Olympics needing more
joined-up government attention and the remaining Gowers recommendations (see page 4).

 Before the election ACG and the British Brands Group issued a joint Manifesto For Brands which was
 sent to all Parliamentary candidates for whom we have email addresses (1,330 out of 1,630) with an
 important message about the value of brands to the economy and a six-point plan on how brands can
 deliver more - including better IPR enforcement. The manifesto is on our website in:
 Publications > ACG/Member Reports

The Alliance Against IP Theft also used the election as an opportunity to launch Value and Protect:
A manifesto for IP Link: http://www.allianceagainstiptheft.co.uk/downloads/pdf/Manifesto2010.pdf? which
was sent to all MPs, parliamentary candidates and officials, highlighting how effective enforcement of IP and
clear policies to address IP theft can help the new Government meet a number of
its own objectives e.g protecting consumers and creating economic growth, while
underlining how tackling IP theft requires action from a number of government
departments. http://www.allianceagainstiptheft.co.uk

IP OFFICE RECENT NEWS
                               The IPO's new CEO, John Alty, had been Director
                               General, Fair Markets in the Department of Business,
                               Innovation & Skills (BIS) since September 2005 and the
sponsor Board Member for the Insolvency Service and Companies House. John worked in
BIS and its predecessors throughout his career, except for a two-year secondment to the
European Secretariat of the Cabinet Office in the mid 1980’s. His priority will be to promote
the government's innovation agenda and support creativity in the UK. He replaced Ian
Fletcher, who was chief executive between April 2007 and October 2009.

                                  ACG AUTUMN CONFERENCE 2010
                             13 - 14 October (Cumberland Hotel, London)
                       http://www.guoman.com/en/hotels/united_kingdom/london/the_cumberland/index.html
                                          More Pearls of Wisdom
                            To include a special session on the 2012 Olympics
                                                                                                         3 of 26
IP OFFICE RECENT NEWS continued
We've recently heard that spending cuts are going to make it difficult to progress some issues, but the IPO
finds helpful our approach of tying IP issues into broader political priorities, such as community safety and the
overall value of IP to the economy. Interestingly, the IPO has sought the establishment of a new Cabinet
Committee (on IP) but has failed to get approval. In the absence of this, they are hoping to reconstitute the
cross-departmental Ministerial meetings set up by David Lammy when he was IP Minister.
The latest IP Crime Report was supposed to be launched at TSI Conference (mid-June). A draft has been
circulated for comment to members of the IP Crime Group. Baroness Wilcox is down to come to the next
IPCG meeting on 20 July. The report’s launch is now planned for the end of
July, using suitable enforcement action as a media hook.
IP Crime Strategy / Europe
As reported recently to members, following the EU Observatory plenary meeting in Madrid on 10 June it was
evident that the UK has fallen behind the rest of Europe in pursuing a proactive enforcement policy. Five
years ago, the UK was leading the way and presenting to other EU countries how to create and operate an
effective policy, with the launch of the national IP Crime strategy and the IP Crime Group and with the
subsequent appointment of our first IP Minister (the now disgraced Lord Triesman). The Alliance plans to use
this as a basis for lobbying the new IP Office CEO, John Alty, and relevant Ministers, to alert them to the UK's
loss of profile and the need to intervene and reverse this trend. According to latest information, the IPO is
considering creating a new enforcement strategy in the Autumn. This will be properly consulted on, so we will
have an opportunity to contribute and engage with it. It has been accepted that the UK needs a
better-developed position on the international stage, and how to address this will form part of the enforcement
strategy.
Gowers (enforcement recommendations)
This is all up in the air again with the new government and it seems clear that, at the
moment, completing Gowers is no longer Government policy, as all comments and
commitments on this were made by the previous administration. We need to get a PQ or
government statement asap confirming the new government’s commitment to the
outstanding Gowers recommendations. The IPO has prepared an option paper for
Ministers which lays out the aspects of Gowers reform which the government
could move ahead with safely, as opposed to those areas which are more difficult and controversial. The IPO
is hoping for a meeting with Ministers in a couple of weeks. As with the Markets Consultation (Gowers
recommendation 40) which has been delayed variously by the DTI, and then the BERR and BIS departments,
it is probably a question of resources, so political lobbying is unlikely to get us anywhere.
The issue of increased penalties for all IP offences rumbles on, with Gowers Recommendation 36 still
hanging fire. The problem first arose last year, after the IPO's own consultation concluded that increased
penalties should apply to all IP offences i.e. exceptional statutory maxima of £50,000 in the Magistrates'
Courts. The vehicle chosen to enact this was the Digital Economy Bill (now law) but only two copyright
offences were included and no custodial sentencing was introduced for online offences (which Gowers 36
had expressly recommended). So we continue to battle on this front too!

                           Another major success in the spring was ACG's own ROI Workshop,
                           generously organised and sponsored by Brand Protection Group member
                           MarkMonitor, created and led by the Chair of BPG, Susanne Hasselmann,
                           about online brand protection strategies and how to measure Return on
                           Investment (ROI). Members gathered on 21 April to discuss the most effective
                           strategies and to develop a standard for successfully measuring ROI in on-line
                           brand protection, based on information presented and gathered during the
                           workshop. Despite the volcanic ash crisis, which prevented several members
                           from joining us on the day, this pilot event was well-attended, with very positive
                           outcomes. Notes from the workshop, case studies and presentations from the
                           day are all available in our online Guide to Brand Protection, currently for
ACG member access only, which was launched at our Spring Conference. The link to this Guide is in the
right-hand column of the Members Area home page. We will hold another topical workshop when time
allows!


                                                         www.a-cg.org
                                                                                                          4 of 26
                                                                     CUSTOMS
                                                                     CORNER


Following the long process of introducing the new Statutory Instrument in April (see below) the new
electronic-only Notice 34 became available as of 25 June - here is the link: Link to new Notice 34
The new simplified procedure under Article 11
A new SI was laid before Parliament in April 2010 which introduced into the UK the so-called 'simplified
procedure' under Article 11 of Regulation 1383/2003, already in use in many other Member States. Within
the first 10-day period (of the maximum 20 days available), once notified by HMRC of suspect goods, rights
holders (RH) must contact the declarant/importer/owner and request their agreement to abandon the goods
for destruction. If there is no response (or false details prevent contact) then, once the 20-day period has
expired, consent to destruction is presumed.
While the new SI is welcome, there are still problems with the timing of this simplified procedure, which we
are addressing via the ongoing DG TAXUD consultation about Regulation 1383/2003 (see below for more
details). As we understand it, currently the steps for seeking consent to abandon goods for destruction from
the importer/owner of suspect goods seem to be:
(1) Contact them asking for their consent to abandon the goods for
destruction as soon as you are notified of a seizure by HMRC/UKBA.
(Article 11 requires RH to make that contact within the first 10-day period,
even though you can obtain a 10-day extension under Art 13.)
(2) Tell them they have until the end of the 10-day period to respond, failing
which you will commence proceedings. (You can't tell them that you will
presume that they consent to destruction if you don't hear from them by that
deadline, as the rules provide for a further 10-day extension, but you also
don't have to tell them that you are applying for that extension.)
(3) At the same time as steps (1)-(2), apply for the 10-day extension from Customs permitted under Article
13. NB It is also open to the importer/owner to seek the extension, not just RH, which is partly why you can't
presume consent to destruction at the end of the first 10-day period.
(4) If the importer/owner doesn't respond within that first 10-day period, you will have to take a view :
(a) whether to issue proceedings as a precaution, or
(b) continue to wait until nearer the end of the extended 20-day period
to do so, or
(c) do nothing and take the risk that step (5) happens.
(5) Theoretically the importer/owner has until one minute to midnight
on the last day of the 20-day period to respond, prior to which consent
to destruction cannot be implied.
(6) If they fail to respond at all during the 20-day period, consent can
be implied and the goods can be destroyed. If they respond objecting
to destruction at the last minute, it seems that you will be in trouble if you haven't initiated proceedings, as
Customs will have to let the goods through.
This is one of the faults in the EU Customs Reg which we have taken issue with in the current consultation
with TAXUD. For example, it would be better for RH if they could specify to the importer/owner that they must
respond within the first 10-day period, or apply for the extension within that time, failing which their consent to
destruction will be presumed. This places the onus more squarely (and fairly) on the importer/owner of the
suspect goods.


                   Fake fags seized in Holland
                   In February, Dutch Customs arrested one Briton, two Belgians and three Dutchmen
                   who were caught unloading a shipment of 2 million fake and smuggled cigarettes in
                   Rotterdam from a truck that entered from Belgium. The evaded duty was estimated at
                   around €400,000.
                                                                                                            5 of 26
  DG TAXUD consultation - Regulation 1383/2003
  ACG submitted a detailed response to this consultation, with many thanks indeed to Jeremy Newman
  at Rouse (who was also involved in preparing several other responses!) focussing on practical matters
  on which ACG is qualified to comment. Our response was supported by the CBI and the Alliance,
  and in turn ACG supported the responses of AIM, INTA and the IP Lawyers Association. In addition
  to the actual questions posed in the consultation, several organisations elaborated on (1) the important
  issue of use of Customs' information for rights holders' own legitimate enforcement actions and
  (2) conflicting interpretations of Customs' powers and duties in relation to goods
  in transit, with particular reference to the Nokia case, which is still with the
  European Court of Justice (awaiting a preliminary ruling on a question referred
  by the UK Court of Appeal).
  As regards the problems with the simplified procedure, one possible timetable
  would be that the rights holder:
       receives notice from Customs, with a sample of the suspect goods, which starts the clock ticking
       for the first ten-day period
       must contact the importer within, say, four working days of receiving the notice from Customs
       (allowing a reasonable time for test etc as to authenticity) setting a time limit of ten days for the
       importer's response; AND
       must also contact Customs at the same time, providing a copy of their request to the importer,
       and applying for the 10-day extension
  If the importer does not object within the first 10-day notice period - whether because they choose not to
  respond or have provided false details, so cannot be contacted - consent to destruction should be
  implied, and the goods should be seized and destroyed.
  We've argued that such a presumption in favour of the right holder, when the goods have been identified
  as counterfeit and there has been no contact with/from the importer, is in the public interest and is
  already in operation in some Member States, including the UK. Alternatively, given the burden of
  instituting proceedings, an additional period should be available to the rights holder of at least four
  working days in which to start such proceedings once the importer objects to destruction - this would in
  effect extend the 20-day period slightly in order to assist the rights holder if the importer only responds
  at the last minute.


    OUR THANKS TO JEREMY NEWMAN AT ROUSE, SIMON AYRTON AT POWELL GILBERT, EWAN GRIST
     AT BIRD & BIRD AND RAY BLACK AT SJ BERWIN FOR THEIR SUPPORT AND INPUT THROUGHOUT
                   2009-10 IN ALL THESE CHALLENGING CUSTOMS DEVELOPMENTS!


FAKE FOOTBALL SHIRT CRACKDOWN
As reported on the Home Office website, in the run-up to the World Cup the UK Border Agency and replica kit
manufacturers (adidas, Nike, Puma and Umbro) launched a week of action at Coventry's international postal
hub. 3,200 fake shirts for countries such as England, France and Germany were immediately seized after
officers identified them in parcels.
The Premier League (ACG member) runs its own anti-counterfeiting programme in partnership with the IP
Crime Unit and they both helped to provide publicity for this operation. For an interview with Chris Bagley at
UKBA follow this link http://www.homeoffice.gov.uk/media-centre/news/Fake-football-shirts
According to the Home Office report, in 2009 more than 50,000 counterfeit
replica shirts, worth approximately £1.2m, were seized by the UK Border
Agency, police and trading standards. In addition, 21,000 fake kit websites
were removed last year. The sites offered more than 150,000 replica shirts for
sale, worth £1.4m.
Anyone with information about activity they suspect may be linked to
counterfeiting should call 0800 595 000.

            Counterfeiting is a serious organised crime and those fighting it need to collaborate and
            share information and experience as much as possible. Interested in ACG membership?
                    Visit   http://www.a-cg.org/guest/about_acg/guest_about_acg_join_acg.php   now!
                                                                                                        6 of 26
Bootleg Booze!
In mid-June, HMRC smashed a series of criminal networks across
the North-East, including one operating out of a warehouse in
Gateshead, believed to be the biggest seizure of illicit alcohol ever,
in this region - more than 92,000 litres of duty free and counterfeit
alcohol were held in that one warehouse alone.
A series of shops in Newcastle, Gateshead and Washington were
also busted as part of the crackdown, with the support of police and
trading standards, which coincided with the World Cup.

More fake fags - in South Armagh (1 July)
Two police officers were injured, one seriously, by the get-away van when arresting two suspected importers
of a huge consignment of fake Benson & Hedges cigarettes smuggled from China, which was seized by Irish
Customs in South Armagh. 8.4 million cigarettes were first shipped inside a 40-foot container to Felixstowe,
which then went to Dublin, Dundalk, Co Louth, and eventually across the border to a warehouse near the
village of Meigh.


                                                         COUNTERFEIT CIGS - TWO THINGS YOU DIDN’T
                                                         KNOW! With thanks to British American Tobacco
                                                         (1) Just one 12 metre freight container with 8.5
                                                         million cigarettes, smuggled into the UK and sold at
                                                         half the recommended retail price, can net the
                                                         criminals around US$2 million in profit. The duty on
                                                         that would go some way to help with the UK’s
                                                         deficit!
                                                         (2) Up to 660 billion cigarettes worldwide (6 - 12%)
                                                         are estimated to pass through the hands of
                                                         smugglers, counterfeiters and local tax evaders every
                                                         year. In packs of 20 laid end to end, the cigarettes
                                                         would circle Earth more than 60 times or stretch to
                                                         the moon and back almost four times.



                                         NEW MEMBERS 2009/10
       A warm welcome to you all and we look forward to working together in the years ahead!

   Full Members:                                           One Distribution Europe (SUPRA Footwear)
   Abercrombie & Fitch (USA)                               Sage (UK) Ltd
   Acushnet Europe Limited                                 Samsung Electronics Europe Logistics B.V.
   Bio Medical Research Ltd (Slendertone)                  True Religion Brand Jeans Inc (USA)
   Calvin Klein Inc                                        Vivienne Westwood Limited
   Cisco Systems Limited                                   Vodafone Group Plc
   DKH Retail Ltd (Superdry)
   Ed Hardy (Nervous Tattoo Inc)                           Associate Members:
   Fitflop Ltd (Soap & Glory Ltd)                          Arzinger (Ukraine)
   ghd (Jemella Group Limited)                             Edwards Angell Palmer & Dodge
   G-Star UK                                               Grant Thornton UK LLP
   GM Global Investigations                                Ireland Blythe Ltd
   Jack Wills Limited
   JML Group Limited                                       Brand Protection Group:
   Luxottica UK Limited                                    Brand Solutions International Ltd
   Lyle & Scott                                            Intellekt Limited
   Manchester United Limited                               Intelligence & Investigation Services
   Nintendo UK                                             OpSec Security Limited
   Oakley Inc (USA)


                                                                                                       7 of 26
  TRADING STANDARDS TITBITS
  Regional Intelligence Officers (RIOs)
  Within the 11 trading standards regions there have been changes to
  the RIOs and a revised document has been supplied to members,
  showing how the regions are divided and the RIO handling
  intelligence for that area. The RIOs are specifically in post to obtain
  and evaluate all forms of intelligence (not just IP) to enable them to
  produce reports in line with the methodology of the National
  Intelligence Model, particularly at level 2.
  Most work closely with Graham Mogg, Head of the Intelligence Hub at the IPO, feeding IP-specific
  information into the Intellectual Property Intelligence Database (IPID). Many ACG members also work
  closely with Graham and his team, after having signed an MOU, enabling them to both feed into and
  extract vital intelligence from IPID. If you are interested in signing up to an MOU, so that the intelligence
  flow increases into IPID, please either call Graham on 01633 814237 or email Graham.Mogg@ipo.gov.uk
  The Year Ahead (February)
  New funding and initiatives were announced by the Consumer Minister at the Year Ahead joint regulatory
  conference, relevant to IPR enforcement by trading standards:
         new funding is to be made available to the Office of Fair Trading and trading standards services
         to create internet enforcement teams. These cyber teams will focus on cracking down online scams
         and are inspired by existing Scambusters and Illegal Money lending teams described by the
         Minister as “extremely effective”
         a Fighting Fund has been set up to help local authorities see through large scale prosecutions
         they may otherwise not be able to afford. Local authorities are invited to start bidding for funds
         from April 1
         the Government is acting to enable civil sanctions to be imposed; the aim is to give more flexibility
         to respond to infringements in an effective and proportionate way, while enabling compensation to
         be offered to consumers where appropriate. LBRO is developing a pilot involving 10 trading
         standards services and the OFT (there was supposed to be a consultation).
  We have yet to hear more, particularly about the third initiative, but will report back when we do
  have further news.

SMOKE FREE NORTH WEST (June 2010)
                                                                As the Manchester Evening News reported last month, TS
                                                                North-West is involved in a major campaign to crack down
                                                                on sales of counterfeit cigarettes to children as young as
                                                                five, following a survey of almost 14,000 young smokers in
                                                                the region. 60% admitted to buying fake cigarettes, many
                                                                of which arrive in the UK via Manchester Airport.
                                                                The criminals use various tactics to sell these fakes to
                                                                under-age kids. A mobile burger van was discovered by
                                                                TS, selling single cigarettes to pupils outside a high school
                                                                in Greater Manchester, and children are being recruited to
                                                                sell to their mates. A ‘fag house’ – where cigarettes were
 Peter Astley, TSNW and Andrea Crossfield, of Smoke Free
              North West at Manchester Airport                  on sale to children as young as five – was recently closed
                                                                down in Stockport.
Equally worrying is the increasing use of people for 'fag runs' through the airport, taking out empty suitcases
to fill with counterfeit and illicit tobacco. A mother was caught on Christmas Day trying to smuggle illegal
cigarettes, in order to pay back a loan shark she had borrowed from to buy her young daughter Christmas
presents. Link to article: http://menmedia.co.uk/manchestereveningnews/news/s/1260049_crackdown_on_gangs_who_sell_fake_cigs_to_children

RON GAINSFORD - TS Institute CEO
As many readers will know, Ron's work for TSI and with ACG and other rights holder organisations
has been of huge value over many years. We were relieved and delighted to hear on 9 July that he
had emerged from further successful neurosurgery on a brain tumour at the National Hospital in
London. We've sent a get-well message as he is now at home convalescing, and no doubt preparing
to climb more mountains soon, knowing him!        Alison (with ghd styling) & Ron at TSI Conference recently
                                                                                                                               8 of 26
                                                     TSI 2010
                                                    Edinburgh                                                Snapshot
                                                    15-17 June


The beautiful city of Edinburgh provided a fitting backdrop for the Trading Standards Institute Conference &
Exhibition 2010, held at the International Conference Centre in the heart of the city.
An unprecedented number of ACG members arrived on the Monday, around 35 brands in fact, representing
nearly a third of all TSI exhibitors! The usual flurry of screwdrivers and blu-tack dominated the hall, (also as
usual, with only one pair of scissors between us!) as members created their home for the next three days.
                            A special welcome to ACG members exhibiting for the first time – Estee Lauder,
                            Jack Wills, Oakley, UGG Australia & Superdry!
                          Monday evening was spent relaxing in ‘The Hub’ a beautiful
                          historic Grade 1-listed building, constructed in 1842. Traditional
                          Scottish fare awaited guests, including vegetarian haggis!
                          Conference convened only weeks after the General Election and,
                          with the dust settling, delegates arrived in anticipation to hear the
                          new Consumer Minister Edward Davey speak, highlighting the
                          challenges and opportunities for trading standards and partner                           Edward Davey MP
                          regulatory services under the new Coalition Government.                                  Consumer Minister

                         The Industry Trust for IP Awareness kicked off the mini-theatre sessions with an
                         update on the Real Deal campaign for fake-free markets, which ACG members are
supporting with substantial funding. It proved a popular theme throughout the conference, with our Group
Manager, Alison Newbold, kept busy speaking with trading standards about the project and how they could
get involved.
ACG Associate members 23 Essex Street followed later that day with a subject which is already on the minds
of London trading standards ‘Preparing for the London 2012 Olympics’. It was good to see Farisha Constable
of LOCOG too, assisting Mike Roylance on the adidas stand (adidas being a major 2012 sponsor). This
subject will be more widely discussed soon at our Autumn Conference when our special afternoon session
will bring many stakeholders together to discuss IPR enforcement challenges, available resources etc.
Each year, ACG makes awards to trading standards (individual officers and departments), police, customs
and other enforcement organisations, for exceptional work in the fight against counterfeiting during the
preceding year. Alison was delighted to recognise the work of one authority whilst at TSI and presented
West Yorkshire TS Department with a Highly Commended
award. The West Yorkshire team had worked tirelessly to
achieve the fantastic result at Cross Green Market (which was
notorious and run by Leeds City Council) including excellent
collaboration with local police - it's now closed down!

             Just some of the ACG Members’ displays




                                                                       Alison Newbold (centre-left) and Clare Forbes TSO, West Yorkshire
                                                                                Trading Standards (centre-right) with Councillors




                                                                                                                             9 of 26
                   Tuesday night is always PRS for Music party night and this year was no exception.
                   Held at the City Nightclub, it allowed everyone to let their hair down and relax after a
                   long hard day in the conference & exhibition halls!
                     On the Wednesday, many ACG members were invited to the prestigious Sheraton Grand
                     Hotel for a wonderful lunch, hosted by West Yorkshire Trading Standards. ACG members
would particularly like to thank Graham Hebblewaite and Clare Forbes for organising the magnificent spread.
                                         And where would TSI Conference be without the traditional ACG
                                         drinks reception sponsored by IFSP? The usual bun-fight for
                                         tickets started early as usual, on set-up day (Monday) before
                                         members had even set up their stands! This year many had emailed
                                         Alison beforehand to see if they could secure a special deal, but
                                         as usual tickets were kept locked away in the ACG safe until
                                         Wednesday morning and the day was then dominated by requests
                                         for the elusive invites!
                                         Alison arrived with some trepidation at the party venue, Our
                                         Dynamic Earth, ahead of the guests, having not been able to visit
                                         beforehand because of the distance from ACG Secretariat in High
                                         Wycombe.
                                         It turned out to be a perfect setting - on greeting guests, she could
                                         ask them to go straight through into the rainforest! In this incredible
                                         venue, everyone could meander through the jungle and into the
                                         Polar Region, complete with an iceberg in the middle of the room.
                                         Phil Jones (pictured left) is apparently still missing – rumour has it he
                                         remains at Our Dynamic Earth with his hand still stuck on the
                                         iceberg! We were extremely sorry that Philip Scatchard was unable
                                         to attend Conference due to ill health and all of us at ACG and
                                         trading standards wish him a full and speedy recovery.
                                         Unfortunately, we also heard that Crescent Events will not be
                                         managing TSI 2011. Everyone here at ACG wishes Joyce Borthwick
                                         and Nadia Cesari all the best for the future.

                    TSI CONFERENCE & EXHIBITION           TSI CONFERENCE & EXHIBITION
                                 2011                                  2012
                             21 - 23 June                          26 - 28 June
                           (Bournemouth)                          (Manchester)



      MEMBERS… MAKE
     THE MOST OF YOUR
         WEBSITE!
       Log on to the password-protected
    Members Area of your website and find
    the help you need relating to all kinds of
  issues, with a speedy search facility and a
     wealth of information at your fingertips.
   Our on-line Brand Protection Guide is
   now available to ACG members via a
    link in the right hand column of the
                  home page.
      If you've mislaid or forgotten your
   password, follow the instructions on the
           Member & Enforcement
    log-in pages to apply for a new one:
          http://www.a-cg.org/users/
                                                                                                          10 of 26
                                                                           On 22 April our DG Ruth Orchard
                                                                           and the Alliance DG Susie Winter
                        Serious Organised Crime Strategy                   met with Joe McGuigan, the IP
                                                                           lead at the Home Office’s new
                                                                           Strategic Centre for Organised
                                                                           Crime, on behalf of rights holders.
Joe is a former operational investigator with HMRC and spent time in Northern Ireland working with the
Organised Crime Task Force. He is therefore already aware of the challenges we face in fighting IP crime,
and appreciates our past difficulties trying to engage with the Home Office.
The Strategic Centre oversees the new serious organised crime strategy laid out in the document
Extending Our Reach (the link to which was included in our Autumn 2009 e-Newsletter). It is made up of
representatives from all law enforcement agencies and relevant government departments, and sits above the
Organised Crime Programme Board (which includes HMRC, police, SOCA, UK Border Agency) to ensure
that law enforcement is addressing the problems identified in the annual UK Threat Assessment, including
making sure that:
     the government is joined up                                                 the most harmful people are being dealt with
     all government bodies are co-operating                                      adequate resources are in place
He believes the creation of Police Regional Intelligence Units (RIUs) and additional multi-agency Regional
Asset Recovery Teams (RARTS) will greatly help to address some of the enforcement problems we face,
and suggested we meet with and present to the RIU managers in due course. Meanwhile, we are of course
awaiting the outcome of the changes in priorities and spending following the election which may affect
this new strategy and the above mechanisms for taking it forward. It would also appear that the Centre is still
scoping its work in some areas, as Joe was not aware of the IP Crime Group, the fact that IP crime is moving
within SOCA to Programme 18 (Other Threats) from Programme 17, nor of the IPO's Enforcement Unit and
Intel Hub.



                                SOME DATES FOR YOUR DIARY
                       ACG Law Enforcement Roadshow: Glasgow - Celtic FC
                                 Wednesday 15 September 2010
                      ACG Law Enforcement Roadshow: London - Arsenal FC
                                   Friday 12 November 2010

                                         UKBA Heathrow Training Day
                                         Wednesday 29 September 2010

                                    ACG AUTUMN CONFERENCE 2010
                               13 - 14 October (Cumberland Hotel, London)
                        http://www.guoman.com/en/hotels/united_kingdom/london/the_cumberland/index.html


                                   ACG SPRING CONFERENCE 2011
                          4 - 5 May (Tortworth Court, South Gloucestershire)
                                            http://tortworth-court-hotel.four-pillars.co.uk/


                                 ACG AUTUMN CONFERENCE 2011
                       12 - 13 October (Radisson Blu Portman Hotel, London)
                                             http://www.radissonblu.co.uk/hotel-london


           See the Information section of our website for ACG and other events
                    http://www.a-cg.org/guest/useful_info/guest_information_acg_conferences_and_roadshows.php




            Counterfeiting is a serious organised crime and those fighting it need to collaborate and
            share information and experience as much as possible. Interested in ACG membership?
                    Visit   http://www.a-cg.org/guest/about_acg/guest_about_acg_join_acg.php         now!
                                                                                                                       11 of 26
                                             INTERNATIONAL
                                                 NEWS                                            1980 - 2010
                                                                                             30 years of history


ACG INTERNATIONAL COMMITTEE: FREE TRADE ZONES
As reported to members, we had a very enjoyable International Committee meeting in
March at the stunning Canary Wharf offices of ACG Associate member Rouse, with
speakers addressing the issue of free trade zones, of which there are now over 500 in
India alone!
ACG Council Chair Richard Heath, Vice-Chair Shelley Duggan and Sara Holder from
Rouse's Dubai office took us through some fascinating information about the current challenges for brand
owners in dealing with counterfeits being shipped around the world, with the fakers in effect using FTZs as
cover for their activities as it is so difficult to enforce IPRS within the zones.
The meeting's excellent presentations are in the International Enforcement section in the Members Area of
our website. The following recommendations were taken from the meeting, for onward attention:
   Prohibit or restrict access to FTZs of goods that violate TM rights, irrespective of origin, arrival source or
   destination
   Ensure Customs exercise jurisdiction on entry and exit to/from an FTZ
   Ensure applicability of relevant anti-counterfeiting criminal offences and sanctions in FTZs the same as
   sovereign territory surrounding them
   Empower Customs with necessary inspection and seizure proceedings
   Enhance international co-operation and information sharing between Customs authorities acting in FTZs
   Outlaw all kinds of re-packaging in FTZs
   Enhance the role of the World Free Zone Convention Financial Action Task Force (already engaged in
   balancing legitimate activities of FTZs with vulnerabilities in money laundering or terrorist activities)
NEXT MEETING 13 October 2010 at the Cumberland Hotel, London W1, preceded by a networking lunch.
Possible topics (tbc depending on speaker availability): cross-border enforcement, including goods in transit;
the Tri-Border region of South America; Ukraine/Russia


                             Anti-Counterfeiting Trade Agreement - ACTA
 After much debate and protest about the need for transparency, and several leaked versions of the ACTA
 working draft (some fake!) the EU Commission issued an official version in April 2010, which did not seem
 to contain any of the horrors about which certain interest groups were protesting!
 Negotiating countries have now met nine times. The ninth round concluded in Lucerne, Switzerland on
 1 July 2010 and the aim is to finalise the treaty before the end of this year.
 Before the latest meeting, BASCAP and INTA submitted detailed comments on the April draft treaty.
 The US will host the next round (tbc) and issued a positive statement about the outcomes of the Lucerne
 round.
 IP Watch has issued several interesting articles over the past few months about ACTA and here is a link
 to the latest: http://www.ip-watch.org/weblog/2010/07/02/acta-negotiators-vow-to-mesh-with-national-
 level-rights-withhold-new-text/?utm_source=post&utm_medium=email&utm_campaign=alerts
 No further text has yet been released, contrary to the wishes of some participants. While progress is
 being made in building consensus in a number of areas (including Civil Enforcement, Border Measures,
 Criminal Enforcement, Enforcement Measures in the Digital Environment and International Cooperation)
 there is still debate around the scope of intellectual property rights to be covered in ACTA, the EU position
 being to keep patents in there, while others prefer to limit ACTA to counterfeiting and piracy (i.e. trade
 marks and copyright only). But there is a consensus that patents should not be covered in the border
 measures and criminal enforcement sections.
 There is also concern that human rights and privacy could be infringed, for example by the proposals
 relating to ISPs and online offences, and that access to generic drugs, particularly in third countries
 (e.g. to treat HIV/Aids) will be hindered if patents are included in any way.
                                                                                                           12 of 26
US Trade Representative - Special 301 Report
This was released rather later than usual, on 30 April. Again this year, USTR’s Special
301 Report highlights the prominence of IPR concerns with respect to China, particularly
their innovation policies favouring Chinese industry.
“Creating an environment that nurtures innovation and entrepreneurship is a worthy goal,
but China must maintain a level playing field.”
The Report identifies a wide range of other serious concerns, ranging from the severe problems of piracy and
counterfeiting in China, to the challenge of Internet piracy in other countries, to ongoing systemic IPR
enforcement shortcomings in many trading partners.
As noted above, key significant developments in this year’s Special 301 Report include the following:
Czech Republic – The Czech Republic is being removed from the Special 301 Watch List because of
significant progress made over the past two years to control effectively its border
markets. Moreover, a new criminal code raising the maximum penalties for IPR related
crimes from 2 to 8 years imprisonment and criminalizing the manufacture and storage of
counterfeit items came into effect January 1, 2010. The United States will continue to
monitor whether the new law results in the imposition of deterrent penalties.
Hungary – Hungary is being removed from the Special 301 Watch List in recognition of the significant
improvements on enforcement and other actions taken during the past year. Hungary has taken proactive
steps to address the growing threat of Internet piracy, and its customs and police officials have developed
their ability to effectively identify infringing products. Through effective and consistent enforcement actions,
Hungary has closed its notorious Verseny street market, which was home to an array of
illegitimate products. Furthermore, Hungary has taken effective measures to protect
IPR, including numerous public awareness-raising campaigns, and training and
educational seminars for police, prosecutors, and judges. The United States will
continue to monitor Hungary’s progress to ensure that IPR protection and enforcement
improvements are ongoing.
Poland – Poland is being removed from the Special 301 Watch list in recognition of a significant reduction in
the availability of pirated and counterfeit goods at border markets, increased and
improved enforcement efforts, and strong cooperation between rights holders and
enforcement officials. The government has also taken initial steps to address Internet
piracy concerns. The United States will continue to monitor Poland’s progress to ensure
that IPR protection and enforcement improvements are ongoing.
USTR also announced that it will conduct Out-of-Cycle Reviews for the Philippines and Thailand to monitor
progress on specific IPR issues 'which will allow us to deepen our IPR dialogue and cooperation with two key
trading partners'.
Here is the link to the report itself: http://www.ustr.gov/webfm_send/1906


USA: Cisco counterfeit operation
As an example of partnership working, the ongoing Operation Network Raider is a triumphant model, run by
the FBI in collaboration with US Immigration and Customs Enforcement (ICE) and US Customs and Border
Protection (CBP).
Thirty people have now been
convicted of illegally distributing
counterfeit Cisco equipment,
the most recent on record (mid-
May) being Ehab Ashoor, who
was sentenced to 51 months in
prison and ordered to pay
Cisco $119,400. Ashoor bought
counterfeit Cisco Gigabit Inter-
face Converters (GBICs) from a Chinese online vendor with the
intention of selling them on to the US Department of Defense, for
the US Marine Corps, to be used in a computer network designed
to transmit troop movements, relay intelligence and maintain
security for a military base near Fallujah.
                                                                                                         13 of 26
Fake products from China destroyed in United Arab Emirates (June)
Last month, Sharjah Economic Development Department (SEDD) destroyed more than 13,000 fake electric
                                water pumps, with a value of around $1million, bearing the brand name
                                of Italian manufacturer Pedrollo, which is a leading supplier of water
                                pumps for domestic, industrial and agricultural sectors in the Middle East.
                                The fake pumps were manufactured and traded by a Chinese company
                                registered in Dubai, with warehouses all over the UAE, including Sharjah.
                                In a year more than 10 million containers are shipped to Dubai, which
                                is the hub of business in the Middle East, catering to the whole Gulf
                                Cooperation Council (GCC) and the Middle East and North Africa
                                (MENA) region.

                                                      Plenary meeting MADRID, THURSDAY 10 JUNE 2010
                                            A full report of the plenary meeting, with presentations, can be
                                            found on the DG MARKT website in the dedicated area for the
                                            EU Observatory. Link to MARKT website:
http://ec.europa.eu/internal_market/iprenforcement/observatory/index_en.htm

                               TWO CHINA PROJECTS AT THE EU COMMISSION

                                                    This project was launched in 2007 by the European Commission
                                                    and the Government of People’s Republic of China. The objective
                                                    of the project is to improve the effectiveness of intellectual property
 rights (IPR) enforcement in China, with provision of technical assistance and cooperation with the Chinese legislative,
 judicial, administrative and enforcement institutions promoting the environment of IP protection in China. The
 objectives are to enhance innovation, promote investment and economic development, foster trade in technology and
 innovative products and services and create benefits for both Chinese consumers and right holders.
 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

                                The China IPR SME Helpdesk project This is funded by the European Commission
                                (DG Enterprise) and has launched a series of E-learning modules to assist SMEs in
                                understanding how to protect their brand and their profits in China by registering, protecting
and enforcing their trade mark rights. http://www.china-iprhelpdesk.eu/emodule/index.html
The Helpdesk assists all European SMEs who are concerned with IPR in China. Building an effective IP strategy in China
is crucial for protecting IP from infringement and securing the long-term success of a business at home and abroad.
The Helpdesk exists to help companies to integrate IP into their China strategy:
  Dealing with business partners & distributors in China              Manufacturing in China                   Attending trade fairs in China
  Developing a China business plan                                    Sourcing in China                        Registering IP rights in China

STOP PRESS! Powys Trading Standards, Thursday 15 July
Ahead of the Royal Welsh Show, Alison was proud to be invited by Powys Trading Standards to a full
meeting of their Council, following their recent ACG departmental award for excellence in anti-
counterfeiting. It was a unique opportunity to highlight to the Council as a whole the true nature of counterfeiting, and the
                                           importance of the enforcement work carried out by trading standards, especially
                                           given the risks to consumers and the organised criminals that lie behind it.
                                             A display of counterfeit goods was made available so that the 80 Councillors
                                             could learn more about the issues during the breaks in their meeting.
                                             Back Row L to R: County Cllr Gary Banks, Chairman of Powys CC; Clive Jones, Principal TSO; Ken Yorston, TS Mgr;
                                             James Munro, TSO and County Cllr Graham Brown, Portfolio member for Housing and Public Protection.
                                             Front Row L to R: Joseph Boakai Junior - Monitoring & Evaluation Officer with the Liberian Civil Service - (Joseph is
                                             the son of Joseph M Boakai, Vice President of Liberia); Sarah Baker, Mgr of Powys Drug & Alcohol Council; Richard
                                             Humpreys, HIS Church and Alison Newbold.

                                                                                                                                                       14 of 26
                                   INTERNET
                                 ENFORCEMENT


TIFFANY v EBAY
While many of us were on hols or receiving hoax messages (it being 1 April) a genuine result was announced
in the Tiffany v eBay appeal in the US Court of Appeals Second Circuit. Details can be found in the IP Kat
blog. The court found against Tiffany in respect of two of its three claims against eBay (affirming the District
Court's findings of no trade mark infringement or dilution) but remanded
the third ground back to the District Court (false advertising):
http://ipkitten.blogspot.com/2010/04/letter-from-amerikat-i-tiffany-v-ebay.html
http://ipkitten.blogspot.com/2010/04/letter-from-amerikat-ii-tiffany-v-ebay.html
And the link to the actual judgment:
http://www.scribd.com/doc/29298890/Tiffay-v-Ebay-2d-Cir

In February another case against eBay succeeded in France, connected with the sale of counterfeit goods.
eBay had been buying keywords such as "Viton," "Vitton" and "Wuiton" which would direct shoppers
using online search engines (using either these misspellings or the correct spelling) to eBay's sites where
counterfeit versions of LV products were for sale.
The IPKat carried the detailed story:http://ipkitten.blogspot.com/2010/02/lvmh-v-ebay-its-in-bag.html

                                        eBay's defence was that the search system worked automatically to
                                        purchase the misspelled words as commercial links, and that it redirected
                                        consumers to their website to purchase genuine Louis Vuitton goods.
                                        eBay's actions were deemed to harm LVMH brands and the court ordered
                                        eBay to stop using the keywords. eBay was ordered to pay LVMH
                                        damages of €200,000 and €30,000 in legal costs.


 In March, right on cue, PRICE MINISTER delivered its second annual
 REPORT on counterfeiting with three main findings:
    the total number of attempts to sell counterfeit items has remained stable
    the number of attempts to sell counterfeit high-tech items has rocketed (telephones, consoles, etc.)
    the internet is the main source of supply for sellers of counterfeit goods
 The report was based on the findings of the investigations carried out in 2009 by the French (http://www.priceminister.com),
 British (http://www.priceminister.co.uk) and Spanish (http://www.priceminister.es) Anti-Counterfeiting units.
 In 2009, in more than 99% of the cases, counterfeit products were detected and the listings deleted before they were put
 on-line. PriceMinister has developed tools which enable them to analyse user accounts and new listings in real-time.
 The number of counterfeiters and the brands they target hasn’t gone down.
 In 2009 PriceMinister blocked 2661 accounts because of attempted sale of counterfeit items. This is an increase of 1%
 compared to 2008. The number of people selling counterfeit goods is stable and has not decreased. The cases of attempted
 sale of counterfeit items concern 242 brands in 2009 compared to 240 in 2008.
 2009: counterfeiting is rife in the High-tech and video gaming sectors (+205%).
 In 2009, 63% of the counterfeiting items detected by PriceMinister was in the fashion section including items such as clothes,
 bags, watches, perfumes and cosmetics. The high-tech section (telephones, MP3 players, software, etc.) represents 29% of the
 counterfeit items. Cultural items (CDs, video games, books, DVDs) only represent 6% of the counterfeit products.

                            Meanwhile, Down Under (June)
                            Another ACG full member, Deckers Outdoor Corporation, celebrated a great
                            result in a major case against counterfeiters selling fake UGG® Australia
                            products on eBay on a global basis. Criminal sentences of up to 3 years for
                            contempt of court followed Deckers' own successful civil infringement claim for
                            $7.65M AUD ($7M USD) damages and costs.
                                                                                                                         15 of 26
Meanwhile, Down Under continued...
Deckers has developed an aggressive counterfeit enforcement program.
It includes monitoring on-line commerce sites such as eBay and direct-sale
counterfeit websites, working with Customs and law enforcement authorities
internationally, investigating and raiding manufacturers, and bringing lawsuits
against counterfeiters. The June decision in Australia follows multiple six-
figure judgments awarded to Deckers by US courts in the recent past against
US based dealers selling counterfeit UGG® on-line.
US Customs reports that in 2009, counterfeit footwear became the most frequently seized items and
accounted for more than one third of total Customs seizures, easily surpassing apparel, handbags, auto
parts, cigarettes, and pharmaceuticals. Counterfeiting of footwear brands has become increasingly prevalent
over the last several years. A significant portion of sales occur over the internet, either through on-line
auctions or dedicated websites, many of which are operated off-shore but can appear to be legitimate.
Thanks to the aggressive action by Deckers, in 2009 the company succeeded in terminating over 20,000
eBay auctions and tens of thousands of listings on other commerce sites suspected of offering counterfeit
UGG® product. In 2009, Deckers also shut down over 2,500 websites selling counterfeit UGG®, the vast
majority of which were based in China. During that same year, Customs seized over 60,000 pair of counter-
feit UGG® boots from various countries, including Canada, Germany, Italy, Japan, Korea, the Netherlands,
Belgium, Switzerland, Russia, Ireland, the UK, the US, and more. For more information on counterfeits and
counterfeit UGG product specifically, see: http://www.uggaustralia.com/retailstores/counterfeit.aspx

                       OPERATION AUGUSTA - London Borough of Havering - fake golf clubs on eBay
                       Golfing products have long been a target for the fakers. Callaway Golf was recently quoted in the press as
                       estimating that sales of counterfeit golf equipment are at least $4-6 billion per annum, and have at least
                       doubled over the last 10 years because of the growth of the internet as a market for fakes.
                        But this case is one of the biggest ever, in any sector, targeting almost all the major golfing brands and
                        organised by a criminal network stretching from the UK to Thailand, Australia, Germany, Singapore, USA,
Hong Kong and China. The fakes were distributed worldwide via sales on eBay. A network of criminals
opened and maintained eBay accounts using false documentation, bank, credit card and contact details.
eBay confirmed that it was the largest single criminal operation ever found on their site.
The leader of this scam was Gary Bellchambers of Rainham, Essex (right). He lived for much of the year in
Thailand where he had many business interests, and a share of a yacht. But in Rainham he had an
ex-council house and an old Ford Escort, to shield his activities from suspicion.
Over the course of four years, his criminal gang was responsible for the sale and distribution of millions
of pounds worth of counterfeit goods both in the UK and abroad, using the auction website. The clubs were made in several factories
in China, at less than £3 each, and sold on eBay as the genuine article for up to £100.
In 2006, ACG member Acushnet had detected several sellers of fake golfing gear on eBay located in the London Borough of Haver-
ing, conducted its own investigation and informed local authorities. Then, in 2007, Bellchambers was unmasked when he went on
holiday, and a woman's complaints to him about the poor quality of some golf clubs she had bought went unanswered.
She eventually complained to trading standards at the London Borough of Havering (one account states
that she had somehow found his home address) and they put the information together to launch an
investigation codenamed Operation Augusta.
This was an unprecedented case for trading standards, on such a huge international scale. Officers
uncovered other problems, including golf balls bought for a tournament in Spain that exploded after being
hit a few times and one customer discovering a tropical spider's nest in the cavity of a club.
In March this year, at Snaresbrook Crown Court, Bellchambers was jailed for four years and three months;
Keith Thomas, 49, his UK-based book-keeper, for 16 months; and Roy Cottee, 66, a pensioner, for 12              Ruth Orchard’s pet tarantula!
months. Other members of the gang were given suspended sentences.
Millions of pounds have passed through Bellchambers' UK bank accounts, but it is thought that much of the money has been salted
away in Thailand and elsewhere. The golf clubs are still being sold, so it is believed that his business may be continuing while he is
in prison.
Bill Adams, senior Trading Standards Officer for Havering, was quoted as saying that Bellchambers "is a cool and calculating figure
who has shown no emotion from day one. People referred to him as The Man and he liked being the boss figure. There is an air of
menace about him.” Havering TS are still conducting financial investigations. A proceeds of crime hearing will follow when these are
complete.
                                                                                                                                 16 of 26
                                                                      UK CASES &
                                                                    OTHER EXCITING
                                                                        STUFF!

   Cases can also be found on our website in Newsdesk > In Court > Court Cases and Press Releases

ASSAY OFFICE - FAKE JEWELLERY - Wandsworth TS
Following routine inspections carried out at New Covent Garden Sunday Market in February by Wandsworth
                                   Trading Standards Officers, £100,000 - worth of counterfeit jewellery was
                                   seized on the weekend before Valentine’s Day.
                                             The 4000+ branded items of jewellery seized weighed
                                             over 60kg in total and was believed to be part of a
                                             distribution network within the market. The Chinese
                                             supplier was believed to be selling items of jewellery
                                             falsely branded with trade marks such as Tiffany,
                                             Chanel and Links of London for around £25 per item.
    Dr Organ of the London Assay Office      Genuine items would cost many times this amount.
The jewellery was not sterling silver despite appearances but was actually base metal,
vastly inferior to the genuine article. In order to dispose of the counterfeit jewellery    Russell Bignell & Dr Organ
Wandsworth Trading Standards requested assistance from the London Assay Office,
                                   which is normally responsible for hallmarking precious metals. On this
                                   occasion they were able to assist by melting down the jewellery to prevent
                                   it from re-entering the supply chain.
                                             Over the past few years, Assay Office London has provided a range of
                                             detailed training seminars for Trading Standards Officers covering all
                                             aspects of hallmarking law, where to look for hallmarks and detecting fakes
                                             and forgeries. It also provides expert analytical services to help with
                                             prosecutions.

Huge scam in the North-West - but no jail!                  With thanks to Glyn Roberts and Manchester Evening News
Athough convicted of masterminding a £350,000 fake clothing empire stretching across the north west, Navid
Salim escaped prison when sentenced at Manchester Crown Court in February. He had been selling
counterfeit clothes at stores in Stockport and had a warehouse in Cheetham Hill.
Stockport TS raided his MS2 store four times, in Stockport Market Place, seizing over
3,500 fake garments, after a tip-off from Cumbria TS, where Salim also had stores.
The judge commented: "These were not shoddy goods from a market stall that just had
an emblem on them; they were quite disguised to look like the genuine article. You just
did not stop when you were given very courteous warnings by the authorities."
Salim of Bury Old Road, Broughton Park, admitted the charges, was given a 12 month
suspended jail sentence at Manchester Crown Court and was ordered to pay back £200,000 of his takings.
His counsel stated that he 'took his eye off the ball' in operating his business because of his father's terminal
illness and his own drug addiction. Salim was also ordered to complete 300 hours unpaid work, given a six
month curfew order and six months to pay back the £200,000.

                                          AND THE POLICE DO US PROUD
                                          OPERATION BLACKOUT (CoLP) £3 million-worth of fakes seized
                             Our favourite detectives at City of London Police had a resounding success
                             with their massive series of raids on 18 March, carried out on 30 London
premises by more than 60 officers, with the Dog Unit and specialist crime units in support. Working with US
Immigration & Customs Enforcement (ICE), they smashed an international crime syndicate, seized more than
50,000 counterfeit designer items, and about £350,000 in cash, and arrested six people on suspicion of
conspiracy to defraud. Investigators believe the counterfeit goods were smuggled into Britain and the United
States in shipping containers from China and Malaysia. A further nine people in the US face prosecution for
smuggling huge quantities of counterfeit goods. More to come at our Autumn Conference!
                                                                                                                      17 of 26
LAWYER IN APRIL FOOLS DAY REPRIEVE With thanks to Rachael McLean at Canon Europe
Despite a successful eBay scam selling fake batteries which netted him about £50,000, an Essex lawyer was spared jail
by Chelmsford Crown Court having admitted his guilt in relation to nine trade mark offences. Essex TS brought the
prosecution after sending a warning letter which he ignored. The batteries were not defective hence the relatively
lenient sentence - 12 months community order and 150 hours unpaid work, together with £5000 towards costs. While
the judge stated that he could sentence him to 2 years in prison, he accepted the lawyer’s claim that he had been
negligent, not dishonest, and buyers had not been in any danger.


19 APRIL - JOINT ACTION, TS AND HMRC With thanks to Georgina Jackson at Burberry
A POCA confiscation order of just over £11million was made against a convicted counterfeiter, who was
subsequently found to be involved in a massive VAT 'carousel' fraud.
Amram Braha, 53, of Perth Road, Gants Hill, Ilford, was originally convicted, along with two co-defendants, at
Wood Green Crown Court in February 2008 for the possession of counterfeit Burberry shoes under the Trade
Marks Act 1994. This followed the seizure of 30,000 pairs of Burberry shoes from a warehouse in Edmonton
after an investigation by Enfield Council’s trading standards team. Braha was sentenced to 10 months
imprisonment for the offences in February 2008.
As a result of the conviction, an investigation was launched into the financial affairs of the defendants and
Mr Braha, through his company, Anavim Ltd, was found to be using an off-shore bank account with the
First Curaçao International Bank (FCIB) in the Dutch Antilles. FCIB had its licence removed by the Dutch
banking authorities over multi-million pound VAT carousel frauds and money-laundering. Enfield Council,
with the assistance of HMRC, were able to discover £72 million had passed through an account which Braha
was the sole signatory. In assessing the benefit that Mr Braha had received in relation to his criminal
conduct, Recorder Lucas identified approximately £10.7 million in unpaid VAT relating to the FCIB
transactions and £354,000 from the original counterfeiting activity. Mr Braha failed to provide any explanation
as to the destination of the funds that passed through the FCIB account and was determined to have “hidden
assets”. He was therefore ordered to repay the full amount of his benefit from his criminal conduct of
£11,182,609.52. He will be required to pay this amount within 6 months or face a default prison sentence
of 10 years.

Banti Sohal - Birmingham Crown Court 20 April 2010 - £6 million haul!
Following a major investigation by Trading Standards at Birmingham City Council,
Banti Sohal pleaded guilty to 17 offences; relating to the possession of goods,
namely clothing, for the purpose of supply, which bore registered trade marks
without the consent of the trade mark proprietors. He was sentenced to three and
a half years’ imprisonment and ordered to forfeit all the branded clothing for
destruction.
Initial enquiries, following a tip-off, found only small quantities of counterfeits at one of his company's
premises, but other premises were then discovered, where over 6000 boxes of fake clothing were found,
together with made-up samples and quantities of unbranded clothing. It took nearly three weeks to clear the
premises and 19 articulated lorries were needed to transport the fakes to secure storage.
Sohal was so brazen that he even attempted to import two more containers of counterfeit clothing while
awaiting trial. This was the largest counterfeit clothing seizure ever made in Birmingham.


     TSOs, Customs and Police Officers… make the most of our website!
           Be sure to visit the Enforcement Area of our website for up-to-date trade mark contacts,
         product guides, latest news/events, ACG leaflets and posters, and other useful information.

     To gain access to this area, first visit the Guest Area and click on Member & Enforcement Log-in
                      then follow the steps for registration http://www.a-cg.org/users/




                                 ACG 30TH ANNIVERSARY
                                                    1980 - 2010
                                                30 years of history                                          18 of 26
PRIZE FOR BEST CASE-NAME EVER!
21 April - PUN, PUN, PUN, ONG & WONG
Five defendants (out of six) were sentenced at Ipswich Crown Court after a 10 week trial
for various immigration, money laundering and counterfeiting offences, in a case involving
Suffolk Police, the UK Border Agency and Suffolk Trading Standards. The case is of
particular value in showing the connection between counterfeiting and other criminality.
Many thanks to Sasha Watson at Suffolk TS for advising us of the result and congratula-
tions to ACG members Nike, Burberry and Chanel and representatives of various other
ACG brand owners, Tony Williams and Lisa Lovell, for their sterling work in the case.
Here is the link to a report in the press: http://www.eveningstar.co.uk/news/restaurant_workers_jailed_for_nearly_20_years_1_216180
Overall, the custodial sentences handed out to all defendants totalled 19.5 years, ranging from three years for
immigration offences to 12 months for counterfeiting, and disqualification for 10 years as company directors.
The Judge in the case said that he had taken into consideration the mitigation provided by the defence but he
stated to the defendants :
“You ignored the law to make money. You chose to participate in criminal acts. I do not believe for a minute
you thought you were not doing something that was wrong as you imply. You did not have the courage to
give your views when you had the opportunity, deciding instead to be represented by your defence”.
The Judge also criticised all the defendants for failing to give evidence during the trial or answering questions
during interview : "The offences span a 2 year period and although there are various offences there is a
theme of dishonesty throughout.”
He also specifically referred to the counterfeiting offences: “The trade mark holders spend large amounts
of money to protect their trade marks, you exploited others to make dishonest profits by importing cheap
copies”.
As well as the imprisonment terms, Ai Vee Ong (aka Ivy) and Siow Yin Pun (aka Cindy) are likely to be
deported to Malaysia following their release, since they are not UK citizens.


17 May 2010 - fake Persil plot ends in jail
Chester Crown Court sentenced four men who attempted to import
over 25 metric tonnes of fake Persil into the UK from China, after an
investigation by Cheshire West and Chester Council TS, Unilever's private
investigators and police.
Richard Brayford, 43 (right) was sentenced to two years in jail and gang
members Martin Forrester, 38, Justin Campbell, 39 and Michael Baggaley,
24, will all face imprisonment for one year. Two other members of the
Stoke-based gang Steven Charlesworth, 46 and Nicolas Moult, 43,
received a six month sentence suspended for two years and 200 hours community service. The fake Persil
boxes, imported as flat-packs with the fake powder from Fujian province, SE China, were 'almost perfect'
replicas. The powder contained excessive amounts of chloride, potentially damaging to washing machines
and clothing, but was seized by TS direct from the warehouse in September 2008, so did not enter the supply
chain. Had it done so, it was estimated that the profit would have been between £20,000 and £30,000.
Ironically, the raid took place 15 minutes from Unilever's regional headquarters.


  18 MAY 2010
  With thanks to Clive Dunster at Intellekt, here is the link to the report in
  the Daily Mirror about Gareth Raynor's 15 month sentence at Hull Crown
  Court yesterday for trading in counterfeit ink (the Sun and local Hull
  papers also reported it) - he already had a suspended sentence for
  racially aggravated assault:
  http://www.mirror.co.uk/news/top-stories/2010/05/18/rugby-league-
  international-gareth-raynor-jailedfor-36k-ebay-scam-115875-22266823/



                                                                  www.a-cg.org
                                                                                                                            19 of 26
23 May 2010 - Huge haul in Scotland
Following the arrival of a container ship from Rotterdam, a raid on a
warehouse in Commerce Street, Glasgow by police and HMRC officers
found over 14,000 items of fake designer clothes, cigarettes and alcohol
with an estimated street value of £3 million.
The goods were already boxed awaiting shipment around the country.
The warehouse had previously been used to store goods destined for the
notorious Barras Market.

COUNTERFEIT AQUARIUM AT TRADE SHOW Story spotted in 'Practical Fishkeeping'
We thought we'd seen it all, but no! At a trade show in Germany, UK aquarium designer Reef One called in
                     Bavarian bailiffs to seize then destroy fake stock displayed by Chinese manufacturer
                     Himat. Link to article: http://www.practicalfishkeeping.co.uk/content.php?sid=2864
                          Himat was exhibiting copies of Reef One's popular biOrb LIFE range at the Interzoo
                          international trade show for pet suppliers held in Nuremburg. Reef One's patent for
                          China is pending (so Himat can manufacture and sell the copies in their own country)
                          but the patent is already registered in Europe and the USA.
                         The parties had been negotiating a manufacturing and licensing deal but talks had
broken down two weeks before and Himat was warned not to exhibit at the show. But Reef One suspected
they would still go ahead and alerted their German lawyers ready to issue an injunction if necessary.

JOINT TS PROSECUTION
Swee Teong Chew 27 May Blackfriars Crown Court
Mr Chew was first prosecuted by Brent & Harrow TS and pleaded guilty at
Harrow Crown Court in July 2009. Sentencing was stayed pending the
outcome of a second prosecution, this time by Islington TS, when Mr
Chew was found guilty of conspiracy and fraud, in addition to 29 trade
mark offences. Sentencing for both cases took place on 27 May which
the judge indicated would exceed 12 months' imprisonment, triggering
deportation proceedings. The cases involved numerous ACG members, with particular thanks from TS to
Tony Williams, representing several ACG brand owners, and Georgina Jackson of Burberry Ltd, who
appeared as expert witnesses.
Islington had seized counterfeit clothing which, had it been genuine, would have been worth an estimated
£531,000. Chew was found guilty by the jury after a lengthy trial. He was granted bail by the Judge to allow
him to see his children prior to being sentenced for the Brent and Islington Council’s cases. However,
despite strict bail conditions, he failed to appear at Blackfriars Crown Court, leaving the judge to sentence
him in his absence. He received a three year custodial sentence for conspiring to commit trade mark
offences, with separate 18 and 15 month custodial sentences to run concurrently, imposed for the other
Islington and Brent offences respectively.
Prior to sentencing Chew, the judge stated: “This defendant was at the top of a sophisticated structure.
I know of at least one occasion where he visited China to source his goods. Successive raids on his premises
by Trading Standards failed to deter him in any way. It is difficult to be precise of Mr Chew’s level of trading
but it is safe to say that it was substantial”.
A warrant has been issued for Swee Teong Chew’s arrest and the authorities will now start their
investigations to find him. There will also be a joint ongoing investigation under the Proceeds of Crime Act
2002 by both authorities to identify, restrain and seize any assets which are suspected to have resulted from
Chew’s criminal activity.

 DANGERS OF FAKE PESTICIDES… In late May, an article appeared online about importation of fake pesticides to
 the UK. D’Arcy Quinn, anti-counterfeit director at CropLife International, the global federation representing the plant science
 industry, estimated up to 40% of pesticides in some countries would be faked - with an industry worth £25 billion globally, the
 fakers have a lot to play for. In the UK, he estimated that up to 10% of pesticides could be fake. China is the
 source of many of the active ingredients being used in the fake products, targeting the most valuable agricultural
 markets – Europe and North America.
 In January this year, customs officials in Hamburg, Germany, intercepted 28 tonnes of counterfeit pesticides worth
 millions of pounds which were due for distribution across the EU.
                                                                                                                        20 of 26
BRIGHTON RACECOURSE MARKET BUSTED! (May)
Fakes worth £250,000 were seized when trading standards and police raided stalls at Brighton Racecourse
Market on 3 May, with brands' representatives present, seizing clothes, boots and jewellery on sale at a
fraction of the genuine items' prices. They also found bootleg versions of underground DVDs featuring illegal
bare-knuckle boxing, dead bodies and violent attacks on homeless people. This market has around 500 stalls
and attracts about 30,000 people every bank holiday and market organisers said they welcomed the raids, as
the market is becoming a hub of counterfeiting activity.

2 June - successful prosecution, Oldham Magistrates Court
With thanks to Rick Hughes, formerly Oldham TS, now with Cheshire East TS
Mohammed Shakeel Bhutta, a market trader who runs a stall in Tommyfield
Market, was caught by trading standards selling fake sports and leisurewear in
the outdoor market in March 2009. He claimed that he had bought these items
from another market, in Manchester, in good faith. He eventually pleaded guilty
to 28 charges under the Trade Marks Act 1994 before Oldham magistrates, and
was sentenced to a 12-month community order, 150 hours’ unpaid work.
He was also ordered to pay to pay £2,335 in costs.

                                              APPLEBY HORSE FAIR JUNE 2010
                                              Fake goods worth an estimated £270,000 were seized at the Fair which
                                              has been targeted for some years by the authorities.
                                              Trading Standards officers from Cumbria County Council raided five
                                              market stalls, with ACG members and police in attendance. The
                                              counterfeit clothing is being donated to a charity in Lancashire which
                                              helps deprived communities in eastern Europe. A new permit system is
                                              set to be introduced in 2011 for market traders wishing to work at the
                                              horse fair. It is the largest horse fair in Britain and is among the oldest in
                                              Europe, dating back to 1685.

Two eBay scams busted in June!
(1) Fake trainers (Essex TS)
Here's an example of eBay taking action itself against counterfeiters on its
site. They issued a warning to two traders who were using several different
names and accounts, trading from their home, and selling fake trainers for
up to £40 a pair. The couple had bought the goods from online suppliers in Hong Kong and China, for about
$12 a pair, before reselling them on eBay. Despite eBay's warning in May 2008, they continued selling and
Essex TS raided their home in August 2008, finding more than 300 fake designer goods.
They admitted the offences but Chelsmford Crown Court spared them jail,
and handed down eight-month prison sentences, suspended for two years.
They were also ordered to pay back the £28,000 illegal profits from their
dodgy dealings, within six months and £7,000 in prosecution costs. The
judge also banned them from using auction websites for six months.
(2) Fake camera gear (Trafford TS) spotted in Amateur Photographer
Camera bags worth £500,000 were seized in a raid in Manchester last
month, following investigations by brand owners, at a house in Greater
Manchester, believed to be destined for sale on eBay. Lenses were also
recovered but there was no evidence that these were for sale. All the equipment was of poor quality, and
being sold in clear plastic bags, not branded boxes, though the goods themselves bore the trade marks of
several well-known camera brands.

8 July - POCA CONFISCATION ORDER With thanks to Andrew Cook at Wiltshire Police
At Salisbury Crown Court a confiscation order was made for £87,956.25 with costs against Jason Moxham of Southampton,
following his conviction for offences in relation to the illegal counterfeiting of DVD films. Moxham was arrested in July 2008 in
Salisbury, selling counterfeit DVD films from the boot of his car, by uniformed police officers.
The Federation Against Copyright Theft (FACT) then worked with police on further investigations, and uncovered a commercial DVD
copying enterprise run from Moxham's home address in Southampton. Moxham was charged with a number of trade mark and
copyright offences, and pleaded guilty to the charges. He was sentenced to 12 months imprisonment.
The POCA order must be paid in full within 28 days, failing which he will spend a further 20 months in prison.          21 of 26
                  ACG AWARDS FOR EXCELLENCE IN ANTI-COUNTERFEITING
                                      LOCAL PRESENTATIONS
                                    SUMMER 2010 (for work in 2009)
Starting in 2007, ACG now dedicates the Individual Award for excellence in anti-counterfeiting to a dear friend
and colleague to many of us, Dave Hankinson of Ford, who sadly died of cancer in summer 2006. With the
permission of his widow, Eleanor, and grateful thanks to Ford for so generously sponsoring it, we have a
special cup, which is to be engraved each year with the name of the winner.
This year, this very special award went to RUSSELL BIGNELL, WANDSWORTH TS. 'Tireless and
Herculean' is the phrase used by those nominating him, not only for his work on raids at Nine Elms Market,
but also for the way he has achieved a joined-up solution there - that market was one of the first to sign up to
the Real Deal campaign.
Russell couldn't be with us at our Spring Conference,
so our Group Manager Alison Newbold presented the
cup to him at Wandsworth Town Hall on 8 July, at a
special event with various Council officials present.
L to R: Gareth Llywelyn-Roberts Assistant Director
(Environmental Services and Community Safety),
Alison Newbold, Cllr Alexander Jacob, Deputy Chair,
Russell Bignell, Cllr Lucy Allan, Chair (Lucy and Alex
are Chair & Deputy Chair of Environment, Culture
and Community Safety Overview and Scrutiny
Committee).
                      CARDIFF UNIVERSITY SCOOPS OUR STUDENT AWARD
Eight years ago, we also introduced a new award category - Top Trading Standards Student - to recognise
the importance of encouraging promising trainee TS officers. For some years, winners were drawn from
those completing the BA (Hons) Consumer Protection course at Manchester Metropolitan University.
We are now supporting activities within the BSc (Hons) Consumer & Trading Standards course at the
University of Wales Institute, Cardiff. The final year Trading Standards students at UWIC completed their
anti-counterfeiting assessment and the winners were announced soon after our Spring Conference, and
Alison arranged to present the award at our Cardiff Roadshow on 26 May.
                                                            The students were in teams, tasked with mount-
                                                            ing an investigation into a locally-based individual,
                                                            with evidence produced to them suggesting that
                                                            trade marks were being infringed by that
                                                            person. The groups then had to verify the accu-
                                                            racy of the intelligence they had received and
                                                            identify the alleged offender(s). Once sufficient
                                                            evidence was gathered, the groups visited Cardiff
                                                            Magistrates Court to apply for search warrants.
As groups they then had to execute the warrants, and conduct search and seizure to acquire further
evidence, which included computerised records. The group then had to contact various organisations to
obtain witness statements and expert evidence on the
computer records. Once the evidence was gathered, the groups
were then entitled to call the alleged offender in for a tape
recorded PACE interview.
Then the groups had to evaluate whether there was
sufficient evidence to take the case to court, and assemble a
Prosecution Report to be submitted to their Senior Officer,
with a view to initiating legal proceedings. The groups were
evaluated and marked on all aspects of the investigation and
have done very well. The winning group attended the awards
ceremony with their tutors, and ACG is delighted to recognise the
work that is being done in academia to support Intellectual
Property Rights enforcement.                                            L to R: Angharad Evans, Lloyd Jones and Kate Blackman
                                                                                                                   22 of 26
FORTHCOMING AWARD CEREMONIES
LEEDS (date tbc)
Andrew Pitter (ghd) and Stewart Dews (Puma UK) have kindly offered to do a joint presentation of his
Special Commendation to Stephen Lavelle, Inspector, West Yorkshire Police who will be joined by a Highly
Commended award winner, West Yorkshire TS, who worked closely with him and his police colleagues,
helping to achieve (among other things) closure of the notorious Cross Green Market in Leeds.
MANCHESTER (1 October)
Tony Williams (REACT UK) and Mike Roylance (adidas) are attending to present Nicola Bray (Manchester
Trading Standards) with her Highly Commended award at Manchester City Stadium.


 IN MEMORIAM - ROBIN HADFIELD
 Diagnosed with motor neurone disease in January 2009, Robin died on
 21 June 2010 of a chest infection. As soon as the sad news broke, ACG
 sent flowers to his wife and family on everyone's behalf.
 Robin has donated his brain to research being carried out in Oxford
 into the causes of MND, about which so little is understood that there are
 no treatments, let alone cures.
 Robin was Head of Trade Marks at BP, and was an ACG Council Director 1984-2004 and ACG Council
 Chair 2001-4, when he retired from BP. Perhaps his most significant work for ACG was his part in the
 huge lobbying effort to introduce new trade mark laws, which culminated in the Trade Marks Act
 1994. He also helped to raise ACG's profile, on the international front as well as with government here
 (e.g. chairing the AIM Anti-Counterfeiting Committee), and supported its awareness work, notably with law
 enforcement with the creation of ACG Roadshows, which are now an important fixture in everyone's
 diaries. As Chair he led a period of change at ACG, reviewing its remit and objectives, which led to a
 re-organisation in 2003 and the appointment of Ruth Orchard our current Director-General. Robin was
 made a life-member of ACG on his retirement and attended several more of our Conferences and events
 after that. His loyalty and interest in ACG will be greatly missed.
 The Motor Neurone Disease Association provided Robin and his family with
 huge support. This was our Christmas charity in 2009 and if you would like
 to make a personal donation now you can do so online at:
 http://www.mndassociation.org/get_involved/donations/make_a_donation.html
 Alternatively you can sponsor his son Richard, who is preparing for the London Triathlon in August - all
 sponsorship proceeds will go to the MNDA - via this link: http://www.justgiving.co.uk/Richard-Hadfield


                                                                                  AWARENESS
                                We have created leaflets and flyers on many aspects of anti-counterfeiting which can
                                be downloaded and printed off from our website at:
                                http://www.a-cg.org/guest/publications/guest_publications_acg_consumer_leaflets.php

                                We've also launched numerous posters, suitable for various purposes, and you are
                                equally welcome to download and use any or all of them from our website at:
                                http://www.a-cg.org/guest/publications/guest_publications_posters.php


                                       We have of course been keeping our members posted as things happen -
                                       with more news, issues and activities than ever, we have to stay on our
                                       toes and couldn't hope to stay up to date if we were producing weekly or
                                       monthly announcements, rather than daily (sometimes hourly!) bulletins.
                                       But this e-Newsletter is designed to give everyone a chance to take stock,
                                       and perhaps also gain a little more perspective than is sometimes possible
                                       when we're being bombarded with information.
                                       PLEASE SEND US YOUR NEWS!

Postal address: 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
                                                                                                                                                 23 of 26
                                  ACG COUNCIL & COMMITTEES
          1980 - 2010
      30 years of history



                         ACG COUNCIL                                                    CLOTHING & FOOTWEAR GROUP
  Chair: Richard Heath, Richard Heath (IP) Associates                                  Chair: Chrissie Morse, Timberland UK Ltd
    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, Company
                                                                              • Liaises with authorities on detection/prosecution of
 Secretary and Treasurer)
                                                                                counterfeiters and pirates
• ACG has various industry groups and committees which feed in
                                                                              • Contributes to ACG's campaigns for better resources for
 to Council's decision-making. Most meet twice a year, and in
                                                                                Trading Standards
 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)
                   ASSOCIATES GROUP                                           • Supports ACG Roadshows and Conferences
         Chair: Siân Croxon, DLA Piper (London)                               • Attendance at annual TSI Conference
• 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: Richard Heath, Richard Heath (IP) Associates
• 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 with • Three principal priority areas for pan-industry initiatives:
  drafting ACG submissions in government consultations (OFT,         - import and distribution within the UK
  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
             BRAND PROTECTION GROUP                                           • International networking and information-sharing
                  Chair: Susanne Hasselmann                                   • Advises Council and liaises with other ACG Groups
• Open to product security technology suppliers, investigators                       Targeted activity:
 and independent consultancies                                                UK:    HMRC - Customs (for transnational issues)
• Shares anti-counterfeiting intelligence and experience in the               EU:    EU Commission e.g Customs Regulation, Enforcement
 product security sector                                                             Directives; other industry organisations e.g European
                                                                                     Brands Association (AIM)
• Advises on current/proposed brand protection legislation and
 evolving technologies PR and lobbying support for ACG                        World: Relations with the main international organisations
 activities                                                                          (e.g. WIPO, Interpol, WCO), global initiatives e.g.
                                                                                     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
• Provides information to ACG members about product security                  during each year, as required, including Customs training
 solutions                                                                    and intelligence workshops. We also hold four Roadshows
• Supports ACG Roadshows and Conferences                                      and two Conferences each year, which address the latest
                                                                              issues in IPR enforcement.

Postal address: 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
                                                                                                                                                 24 of 26
                                                      ACG MEMBERS
          1980 - 2010
      30 years of history


Full Members                                                                                            Hogan Lovells International LLP
(manufacturers, distributors and retailers)         Mulberry Group Plc                                  Ireland Blyth Limited
                                                    New Era Cap (Europe) Ltd                            J Pereira Da Cruz SA (Portugal)
Abercrombie & Fitch (USA)                                                                               Lellos P Demetriades Law Office (Cyprus)
                                                    Nike (UK) Limited
Acushnet Europe Ltd
                                                    Nintendo UK                                         Marks & Clerk
adidas International Marketing BV (Netherlands)
Americana International Limited                     Nokia Corporation                                   Mishcon de Reya
Arsenal FC                                          Oakley Inc                                          Osborne Clarke
                                                    One Distribution Europe (SUPRA Footwear)            Pakharenko & Partners (Ukraine)
Autodata Limited
                                                    Pentland Brands Plc                                 Palmer Biggs Legal
BatMark Limited
                                                    Pernod Ricard                                       Petosevic b.v.b.a.(Eastern Europe)
BBC Worldwide Limited                                                                                   Powell Gilbert LLP
Beiersdorf AG                                       Philip Morris International Management S.A
                                                    Procter & Gamble                                    Rapisardi Intellectual Property (Italy)
Ben Sherman                                                                                             Rominvent SA (Romania)
                                                    PRS for Music
BIC (France)                                                                                            Rouse Legal
Bio Medical Research Ltd (Slendertone)              Puma UK
                                                    Radley & Co Ltd                                     S J Berwin
BP plc
                                                    Richemont International Limited                     Taylor Wessing LLP
Breitling UK Ltd
                                                    Rolex UK                                            Trevisan & Cuonzo Avvocati (Italy)
Burberry Limited                                                                                        United Trademark & Patent Services (Pakistan)
                                                    Sage (UK) Ltd
Calvin Klein Inc
                                                    Samsung Electronics Europe Logistics B.V.           Wragge & Co LLP
Canon Europe Limited
                                                    Shell International Limited
Chanel Limited
Chorion Ltd
                                                    Suzuki GB Plc                                       Correspondent Members
                                                    Ted Baker Limited                                   (additional named individuals,
Cisco Systems Limited
                                                    The FA Group (Football Association)                 subsidiaries or parent/partner companies)
Coca-Cola Great Britain
Colgate-Palmolive (UK) Limited                      The Premier League                                  adidas Group
Deckers Outdoor Corporation                         The Timberland Company (USA)                        Baker & McKenzie (Hong Kong)
Diageo Plc                                          Tommy Hilfiger Europe BV (Netherlands)              Coca-Cola Enterprises
DKH Retail Ltd (Superdry)                           True Religion Brand Jeans                           Federation of the Swiss Watch Industry
Ed Hardy (Nervous Tattoo Inc)                       Umbro International Limited                         Gucci Group
Estee Lauder Companies                              Unilever Plc                                        IFSP UK
Fitflop Ltd (Soap & Glory Ltd)                      Vivienne Westwood Ltd                               KBL Limited (Lacoste)
                                                    Vodafone Group Plc                                  Lovells (Hong Kong)
Ford Motor Company Limited
                                                    Warner Bros                                         Pakharenko & Partners (London)
G-Star UK                                                                                               Timberland UK
                                                    William Grant & Sons Limited
Gallaher Limited                                                                                        Tobacco Manufacturers Association
Gant AB (Sweden)                                                                                        Unilever UK Limited
ghd                                                 Associate Members
                                                    (law firms and barristers' chambers,
GlaxoSmithKline Plc
                                                    trade mark and patent agents)                       Brand Protection Group Members
GM Global Investigations                                                                                (product security specialists,
Gucci Group Watches                                 23 Essex Street                                     investigators and technology providers)
Harley-Davidson Europe Limited                      Anthony Evans & Co (Hong Kong)
                                                    Arzinger (Ukraine)                                  Amann Group
Hasbro Europe
                                                                                                        Avery Dennison - Paxar
Hugo Boss UK Limited                                Baker & McKenzie
                                                                                                        Brand Solutions International Ltd
Imperial Tobacco Limited                            Berwin Leighton Paisner LLP                         Cash's (UK) Limited
Jack Wills Ltd                                      Bird & Bird                                         Commercial Security International Ltd
Jimmy Choo Ltd                                      Bristows                                            Envisional Ltd
JML Group Ltd                                       Clifford Chance                                     Hasselmann UK
John David Sports & Fashion Plc                     Collyer-Bristow                                     Intellekt Limited
Kodak Limited                                       Deacons (Hong Kong)                                 IP Crime Unit (Intelligence & Investigation Services)
Kyocera Mita Europe BV                              Denton Wilde Sapte                                  MarkMonitor International Ltd
Lacoste SA (France)                                 DFMG Solicitors (Dublin)                            OpSec Security Limited
Levi Strauss (UK) Limited                           DLA Piper UK LLP                                    Payne Security
Luxottica UK Ltd                                    DMH Stallard LLP
Louis Vuitton Malletier (France)                    Edwards Angell Palmer & Dodge
Lyle & Scott                                        Emilianides & Kyriakides Law Office (Cyprus)
Mars Incorporated                                   Field Fisher Waterhouse
Manchester United Limited                           Grant Thornton UK LLP
Microsoft Ltd                                       Grau & Angulo (Spain)


Postal address: 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
                                                                                                                                                 25 of 26
                                 ACG BRAND PROTECTION GROUP
                             ACG Brand Protection Group (BPG) Members are suppliers,
                           investigators & consultants supporting ACG members in the fight
    1980 - 2010
30 years of history
                                                against counterfeiters




Amann Group                                         Commercial Security International Ltd               IP Crime Unit
Contact: Mr Kenny McMaster                          Contact: Mr James Ramm                              Intelligence & Investigation Services
Global Key Account Director                         Director                                            Contact: Mr Tim Mascall
                                                                                                        Director
T: 00852 9155 7210                                  T: 02075537960
E: kenny.mcmaster@amann.com                         E: james.ramm@comsec-international.com              T: 01614282288
www.amann.com                                       www.comsec-international.com                        E: timmascall@ipcrimeunit.com
                                                                                                        www.ipcrimeunit.com




                                                                                                        MarkMonitor International Ltd
Avery Dennison                                      Envisional Ltd                                      Contact: Mr Charlie Abrahams
Contact: Mr Dean Garner                             Contact: Mr David Franklin                          VP & GM EMEA
EMEA Market Development Manager                     General Manager
                                                                                                        T: 02078401300
T: 01260289431                                      T: 01223372400                                      E: charlie.abrahams@markmonitor.com
E: dean.garner@eu.averydennison.com                 E: david.franklin@envisional.com                    www.markmonitor.com
www.ris.averydennison.com                           www.envisional.com




                                                    Hasselmann UK
Brand Solutions International Ltd                   Contact: Ms Susanne Hasselmann                      OpSec Security Limited
Contact: Mr Andy Hunter                             Director - Marketing & Data Services                Contact: Mrs Julie Tomlinson
Director                                                                                                Sales Director Online Brand Protection
                                                    T: 01264860060
T: 08456787007                                      E: sh@hasselmann.co.uk                              T: 01914175434
E: andy.hunter@brandsolut.co.uk                     www.hasselmann.co.uk                                E: jtomlinson@opsecsecurity.co.uk
www.brandsolut.co.uk                                                                                    www.opsecsecurity.com




Cash's (UK) Limited                                 Intellekt Limited                                   Payne Security
Contact: Mr Nigel Davies                            Contact: Mr Clive Dunster                           Contact: Mr Richard Burhouse
Business Development Manager                        Managing Director                                   Business Development Manager

T: 02476466466                                      T: 01865847805                                      T: 01159759016
E: ndavies@cashs.co.uk                              E: clive.dunster@intellekt.com                      E: richardburhouse@payne-worldwide.com
www.jjcash.co.uk                                    www.intellekt.com                                   www.payne-worldwide.com




 Postal address: 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              26 of 26

				
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