ministerstwo gospodarki counterfeiting and other problems in plant protection products marketing...

Ministerstwo Gospodarki

Counterfeiting Counterfeiting and other problems and other problems

in plant protection productsin plant protection products marketingmarketing

(presentation of 13.11.2008)(presentation of 13.11.2008)

Zbigniew BarszczZbigniew Barszcz

Department of Development of Economy Department of Development of Economy

European strategy of combating European strategy of combating falsification of goods and piracyfalsification of goods and piracy

Ministerstwo GospodarkiMinisterstwo Gospodarki

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Problem of counterfeit goods (generally) is the global problem

Trading in pirate goods and other Trading in pirate goods and other counterfeitcounterfeit products violating all intellectual property products violating all intellectual property rights inflicts a significant damage to legal rights inflicts a significant damage to legal producers and business entities and to the producers and business entities and to the holders of such rights. In many cases it holders of such rights. In many cases it misleads, and sometimes it may pose a threat misleads, and sometimes it may pose a threat to the health and safety of the consumers.to the health and safety of the consumers.


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The extent of the problem, estimated lossesOECD report (The Economic Impact of

Counterfeiting and Piracy)

The goal of the report isThe goal of the report is,, first of all first of all,, to deal to deal with the real understanding of the issue with the real understanding of the issue relating to the impact of falsification and relating to the impact of falsification and piracy of goods on economy and making the piracy of goods on economy and making the participants of business trading and economy participants of business trading and economy more aware of the occurrence of this harmful more aware of the occurrence of this harmful phenomenon and developing the more phenomenon and developing the more effective methods of counteracting these effective methods of counteracting these phenomena.phenomena.


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The OECD report relates, in particular, to::

Impact on innovativeness Impact on innovativeness

Impact on the economic growthImpact on the economic growth

Impact on employmentImpact on employment

Impact on health and safety of the consumerImpact on health and safety of the consumerIssues connected with the organized crimeIssues connected with the organized crime


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European strategy relating to the industrial European strategy relating to the industrial property rights (1/7)property rights (1/7)

Expectations of the European CommissionExpectations of the European Commission focus on the limitation of a dangerous practice relating to the falsification and piracy of goods to the minimum.

There is an opinion that the counterfeit products are more profitable than smuggling drugs, and falsified pharmaceutics (therefore, also fito-pharmaceutics = plant protection products) are particularly dangerous and constitute a threat to the health and safety of the consumers.


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European strategy regarding industrial European strategy regarding industrial property rightsproperty rights (2/7) (2/7)

ChallengesChallenges Quality of industrial property rightsQuality of industrial property rights Supporting innovation of the small and Supporting innovation of the small and

medium enterprisesmedium enterprises Execution of intellectual property rights – Execution of intellectual property rights –

counteracting falsification and piracycounteracting falsification and piracy Reform of trademarksReform of trademarks ConclusionsConclusions


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The goal of the The goal of the document is the development document is the development of a horizontal and integrated strategy of a horizontal and integrated strategy regarding industrial property rights, which is regarding industrial property rights, which is aimed at creation of a system of protection aimed at creation of a system of protection and exercising of these rights, which will and exercising of these rights, which will facilitate the optimum accomplishment of facilitate the optimum accomplishment of tasks facing Europe, which result from the tasks facing Europe, which result from the needs of the global knowledge-based needs of the global knowledge-based economy.economy.


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The Announcement specifies actionsThe Announcement specifies actions, which the , which the European Commission intends to undertake in European Commission intends to undertake in order to create the system of industrial order to create the system of industrial property rights enabling the European property rights enabling the European economy to use its potential to the maximum economy to use its potential to the maximum to achieve the optimum benefits from to achieve the optimum benefits from operating within the global economyoperating within the global economy..


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With respect to seeking intellectual property With respect to seeking intellectual property rights and counteracting falsification and rights and counteracting falsification and piracy, the European Commission will act to piracy, the European Commission will act to ensure full ensure full transfer transfer and effective application and effective application by the Member States of the provisions of by the Member States of the provisions of Directive 2004/48/WE regarding execution of Directive 2004/48/WE regarding execution of intellectual property rights.intellectual property rights. The Commission will also develop a new plan The Commission will also develop a new plan of action regarding application of customs of action regarding application of customs measures on the borders in order to stop the measures on the borders in order to stop the goods that violate intellectual property rights.goods that violate intellectual property rights.


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The Commission will also take non-legislative The Commission will also take non-legislative steps aimed at the strengthening of cooperation steps aimed at the strengthening of cooperation and coordination of actions of the state bodies and coordination of actions of the state bodies involved in the seeking of intellectual property involved in the seeking of intellectual property rightsrights (customs and court authorities, police, (customs and court authorities, police, prosecutor’s office, intellectual property prosecutor’s office, intellectual property offices, etc.), as well as cooperation between offices, etc.), as well as cooperation between the public and private sector units in the public and private sector units in counteracting the violations of these rights.counteracting the violations of these rights.


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The Announcement presents the main actions The Announcement presents the main actions at the Community levelat the Community level

The Announcement is aimed at enhancing The Announcement is aimed at enhancing further discussion and actions on the part of further discussion and actions on the part of the Member States and all parties concernedthe Member States and all parties concerned

The Member States are expected to formulate The Member States are expected to formulate the strategy in the areas that are within their the strategy in the areas that are within their powerspowers


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What do the actions related to the Announcement What do the actions related to the Announcement look like in the case of Poland ?look like in the case of Poland ?

The The Polish initiative of the European campaign against counterfeiting of plant protection products is fully compliant with the Announcement presented by the European Commission.Meeting for the second time, you are ahead of the decisions related to the realization of actions stipulated in the Announcement. Earlier, it was the initiative of several countries, and today, meeting the expectations of the European Union, the authorities of Poland support this initiative.


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The position of the Government of the Republic of The position of the Government of the Republic of PolandPoland

16.09.200816.09.2008

The Government of the Republic of Poland supportsThe Government of the Republic of Poland supports the the strategy presented by the European Commission strategy presented by the European Commission regarding the industrial property rights for Europe and regarding the industrial property rights for Europe and actions proposed for its implementation.actions proposed for its implementation.To maintain the competitiveness in the world knowledge-based economy, Europe should have a strong system of protection, exercising and seeking of industrial property rights. This system is a key condition for the development of innovativeness, stimulating investments in the research-development work and transfer of knowledge from science to industry, this is why it is necessary for this system to be effective and easily accessible for the users.


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Counteracting the falsified goods in PolandCounteracting the falsified goods in Poland

The Order of the Prime Minister of November 9, The Order of the Prime Minister of November 9, 2000, creating the Team for Counteracting 2000, creating the Team for Counteracting Violations of the Copyright and the Related Violations of the Copyright and the Related RightsRights

On July 8, 2008, the Council of Ministers adopted On July 8, 2008, the Council of Ministers adopted the "Report on the compliance with the copyright the "Report on the compliance with the copyright and the related rights in Poland for 2007", and the related rights in Poland for 2007",

and on July 18, 2008, the "Program for and on July 18, 2008, the "Program for protection of the copyright and the related rights protection of the copyright and the related rights in Poland for 2008-2010".in Poland for 2008-2010".


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Tasks of the TeamTasks of the Team The tasks of the Team include the preparation of motions and

proposals relating to the improvement of coordination of actions of the state administration bodies with respect to the effectiveness of counteracting the violations of the copyright and the related rights, and in particular:

1) presenting to the Prime Minister the current analysis of the situation regarding the compliance with the copyright and the related rights,

2) presenting the proposed actions aimed at prevention of the violations of the copyright and the related rights and counteracting such violations,

3) preparation of the proposals of legislative changes aimed at the more effective execution of the copyright and the related rights, conducting a periodical evaluation of the progress in the actions related to the counteracting of the violations of the copyright and the related rights.


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The Report on the compliance with the The Report on the compliance with the copyright and the related rights in Poland for copyright and the related rights in Poland for

20072007This study contains the detailed data on the number This study contains the detailed data on the number of the conducted cases relating to the violations of of the conducted cases relating to the violations of the copyright and the related rightsthe copyright and the related rights, as well s other intellectual property rights and the number of the confiscated pirate and falsified goods.

The reThe reports are translated into English and are sent to the foreign partners, with whom Poland cooperates.


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Program for protection of the copyright and Program for protection of the copyright and the related rights for 2008-2010.the related rights for 2008-2010.

The program contains the detailed actions, which Polish institutions intend to take to reduce the violations of the copyright and the related rights, as well as other intellectual property rights ..


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The ActThe Act- the Industrial Property Right- the Industrial Property Right

In 2005, the Supreme Court adopted Resolution, in which it In 2005, the Supreme Court adopted Resolution, in which it defined the notion of „placing on the market” the goods, which defined the notion of „placing on the market” the goods, which are referred to in Art. 305 section 1 of the Act of June 30, 2000 – are referred to in Art. 305 section 1 of the Act of June 30, 2000 – the Industrial Property Right. Pursuant to the then adopted the Industrial Property Right. Pursuant to the then adopted Resolution, it was defined that „placing on the market” was the Resolution, it was defined that „placing on the market” was the transfer by the producer or importer, for the first time, for transfer by the producer or importer, for the first time, for trading, the goods marked with the falsified trademark. As a trading, the goods marked with the falsified trademark. As a result of the Resolution of the Supreme Court, in the legal state result of the Resolution of the Supreme Court, in the legal state applicable until August 30, 2007, only the placing on the market applicable until August 30, 2007, only the placing on the market of goods marked with the falsified trademark was penalized, of goods marked with the falsified trademark was penalized, whereas further trading in them was not penalized.whereas further trading in them was not penalized.

The Act on the Amendment of the Act – the Industrial Property Right, passed on June 29, 2007, amended accordingly the provision of Art. 305, which became effective on August 31, 2007.


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European strategy regarding the industrial property rights European strategy regarding the industrial property rights the Community judicative systemthe Community judicative system

The Community patent would significantly contribute to the liquidation of problems related to the protection of inventions.

The integrated Community judicative system could significantly facilitate the access to the possibilities of settling disputes and would strengthen the legal certainty of both, the holders of rights and third parties.


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The Court for Intellectual Property issuesThe Court for Intellectual Property issues

The Ministry of Economy supports the idea of The Ministry of Economy supports the idea of creating in Poland the court applicable for the creating in Poland the court applicable for the intellectual property issues. Such solution would help intellectual property issues. Such solution would help to make the rulings regarding industrial property to make the rulings regarding industrial property protection more uniform and to improve their quality. protection more uniform and to improve their quality.

Establishment of such courts would accelerate the Establishment of such courts would accelerate the settlement of disputable cases, and thanks to the settlement of disputable cases, and thanks to the specialized judicative bodies having also the specialized judicative bodies having also the technical knowledge the quality of the issued technical knowledge the quality of the issued decisions would improve.decisions would improve.

Ministerstwo Gospodarki

Thank you for your attentionThank you for your attention

ministerstwo gospodarki counterfeiting and other problems in plant protection products marketing...

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