IPR and the CUSTOMS ENFORCEMENT NETWORK (CEN) THE STARTING POINT

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Eunice Brooks
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1 IPR and the CUSTOMS ENFORCEMENT NETWORK (CEN) Larry L. Burton Technical Officer World Customs Organization THE STARTING POINT Customs Recognizes the Scope of the Problem (Virtually no Category of Goods Immune from Counterfeiting); WCO Believes that the Early Enforcement Intervention will Yield Best Results (Examination on Export); Communication and Coordination Between Customs Services are Essential Elements (We Cannot be Effective when Operating Solo).

2 CEN FOR IPR ENFORCEMENT The Four Components of the CEN System Database (to research IPR seizures and offences and to present data for Customs use and analysis); Website (for Customs information and reference needs); Communication System (to facilitate communication and cooperation between Customs Services); Photo Database (to graphically demonstrate common, unique or innovative means of concealment, Disguise). 148 / 168 / 46 WCO has 168 Member Customs Administrations. 148 Utilize CEN. Only 46 use it for IPR Enforcement The CEN may be used by Customs in Several Ways: Track Patterns of Movement; Benefit from Others Experience; Initiate Global Joint Operations; Real-Time Information Sharing;

3 DATA IN THE SYSTEM Data Entry is Done by Customs Administrations Entered Case Data will Include: Commodity Type (ranging from textiles to pharmaceuticals); Method of Transportation / Transit / Transshipment; Methods of Concealment and Detection; Identification of Cover Goods, if any; Non-Nominal Nominal Consignor / Consignee information (YOB, Nationality, COR, Gender, Company vs. Individual). USE OF THE SYSTEM Potential for 11 Regional Intelligence Liaison Offices to Validate and utilize Data from their Regions, and Others (7 Currently doing so for IPR); Nearly 9,000 IPR Cases in the System; Database can be Searched by any Criteria (location, route, transport method, commodity type, concealment methods, etc.).

4 CONTINUING PROBLEMS Many Customs Administrations do not have Authority or Resources to Check Exports, which the WCO Considers to be the Best Place to Attack the Transport of Counterfeits; Many in the Public Perceive the Matter Merely as Big Business Seeking Government Help in Protecting Profits (so demand remains high); Other than Occasional Alarm over Health / Safety Issues, no Focus on Harmful Effects on National Economies (potential for limiting foreign investment). The System is Underutilized by Our Members (despite our efforts to advertise and promote it, and to train officers in its use). THE ROLE FOR THE WCO Seek to Politically Elevate the Importance of Addressing IPR Infringement; On Heels of Statement Issuing from G-8 G 8 Conference, WCO has Formed Task Force; Task Force Envisioned as Formulating Policy and Directing Technical work of the WCO-IPR Strategic Group; WCO Co-Sponsors IPR Global Congress along with INTERPOL (2004 in Brussels, 2005 in Lyon); WCO Conducts IPR Diagnostic Workshops, Meant to Examine the Current State of Authority and Power Available to Members, and to Recommend Measures to Enhance;

5 WHAT THE WCO CANNOT DO WCO is a Voluntary Membership Organization (we can design systems, devise measures and make them known to members, but cannot mandate their use); The WCO is not Operational in that it cannot Direct or Execute Enforcement Actions (it is necessary for the Members to Cooperate and Formulate such actions themselves); This does not mean that we will not continue to work to improve and expand the capabilities of CEN, and to aggressively promote its use POSSIBLE FUTURE DIRECTIONS Adopt a Framework of Standards for IPR, following on the success of the now-existing Security Framework; Expand the Membership and Geographic Representation of the WCO-IPR Strategic Group (currently 50 Business Partners plus some Customs Members, but Heavily Weighted toward Europe and North America); Consider Engaging in some Industry-Specific Practical Exercises in Member States with Customs Cooperation;

6 SUMMARY Counterfeiting Problems are Massive and Growing, and the WCO is Aware; The CEN is a Powerful Operational Tool; Much Valuable Targeting Information is Captured in CEN, and awaits only Innovative use by Cooperating Customs Administrations; Some Members make good use of the System, but more need to take Advantage of it; The WCO is Interested in seeking to Globalize Standards, and to Raise Political Awareness of the Menace and the Need to Combat it. IPR AND THE CUSTOMS ENFORCEMENT NETWORK (CEN) Thank You LARRY L. BURTON TECHNICAL OFFICER WORLD CUSTOMS ORGANIZATION

15638/17 MMA/vdh 1 DGD 1C

15638/17 MMA/vdh 1 DGD 1C Council of the European Union Brussels, 11 December 2017 (OR. en) 15638/17 OUTCOME OF PROCEEDINGS From: General Secretariat of the Council On: 7 December 2017 To: No. prev. doc.: Subject: Delegations 11761/3/17