DETECTION OF COUNTERFEIT DETECTION OF COUNTERFEIT

Portuguese Customs Administration

Case Study

MADRID 22­23 FEBRUARY

2007

INTRODUCTION

An e­mail was received at the Directorate General of Customs and Excise from NIRP International, SA Company, on the 2nd of February of 2005.

The same e­mail was forwarded to Lisbon Airport, on the same day.

OBJECTIVE OBJECTIVE

DETECT COUNTERFEIT DETECT COUNTERFEIT FLOWERS FLOWERS ROSES ROSES

ORIGIN ORIGIN ­ ­ BRASIL BRASIL

COUNTERFEIT VS. ROYALTIES COUNTERFEIT VS. ROYALTIES

This case deals only with the detection of This case deals only with the detection of counterfeit flowers without questioning counterfeit flowers without questioning

problems related to royalties. problems related to royalties.

RISK ANALYSIS RISK ANALYSIS

• • There are four to five flights daily, arriving from There are four to five flights daily, arriving from Brasil Brasil at at the International Lisbon Airport. the International Lisbon Airport.

• • The Air waybills started to be checked and analysed The Air waybills started to be checked and analysed from the 4th of February concerning this case from the 4th of February concerning this case

• • At the Lisbon International Airport, At the Lisbon International Airport, flowers flowers arrive arrive everyday from various origins, in great part from everyday from various origins, in great part from Brasil Brasil. .

RISK ANALYSIS RISK ANALYSIS

• • Some boxes with Some boxes with roses roses arrived didn't have arrived didn't have information required to perform a correct information required to perform a correct verification. verification.

• • Some commercial invoices had no information Some commercial invoices had no information about the type of about the type of roses roses. .

RESULTS RESULTS • • On the 10th February there were identified 126 On the 10th February there were identified 126 boxes, each one containing an average of 200 boxes, each one containing an average of 200 cut cut roses roses, in a total of , in a total of 25200 roses 25200 roses. All . All roses roses were of the species MEIQUALIS ( were of the species MEIQUALIS (red roses red roses, a , a variety marked under the commercial name variety marked under the commercial name GRAND GALA, registered under the European GRAND GALA, registered under the European Union Plants Union Plants Breaders Breaders Rights n. Rights n.º º EU2197 grants EU2197 grants on June, 26th 1997). on June, 26th 1997).

RESULTS RESULTS

• • On 11 On 11 th th February 2005, February 2005, again again, were identified , were identified 54 boxes, each one containing an average of 54 boxes, each one containing an average of 200 cut 200 cut roses roses of the same specimen of the of the same specimen of the previous, in a total of previous, in a total of 10800 roses 10800 roses. .

RESULTS RESULTS • • Another Another box box containing approximately containing approximately 400 cut 400 cut roses roses of the specimen of the specimen NIRPETER NIRPETER, a , a pink rose pink rose, a , a variety marked under the commercial name variety marked under the commercial name Pink Pink Versilia Versilia, protected by the International Trade , protected by the International Trade Mark Mark Versilia Versilia, number 616316 registered on 28th , number 616316 registered on 28th February, 1994 and renewed on 28th February, February, 1994 and renewed on 28th February, 2004 in the name of 2004 in the name of Ghione Ghione Confederates with an Confederates with an extension in the Portuguese territory for goods of extension in the Portuguese territory for goods of class 31, in particular class 31, in particular roses roses. .

RESULTS RESULTS

• • On 12 On 12 th th February 2005, February 2005, once more once more, one box , one box was identified containing approximately was identified containing approximately 400 cut 400 cut roses roses of the specimen NIRPETER. of the specimen NIRPETER.

30.000 cut roses

15.000 cut roses

• • The invoices now have the complete discrimination of all The invoices now have the complete discrimination of all types of flowers; types of flowers;

• • As well, all the volumes have identification of all types of As well, all the volumes have identification of all types of flowers; flowers;

• • We have enlarged and innovated our controls over all We have enlarged and innovated our controls over all goods protected by the Reg. (CE) 1383/2003. goods protected by the Reg. (CE) 1383/2003.

THANK YOU ALL

MARGARIDA OSÓRIO margaridafernandes@dgaiec.min­financas.pt