In
early 2004, the need to address the rapidly growing global problem
of counterfeiting and piracy had emerged as a key priority for
national governments and intergovernmental organizations concerned
about the myriad adverse costs to social welfare and economic
development that was resulting from the rampant theft of intellectual
property. Notably, trade in counterfeit goods was rising dramatically
worldwide and had spread to almost every conceivable type of product.
Billions of dollars in revenues were being lost to the black economy.
Counterfeit drugs were putting lives at risk. And there was growing
evidence that transnational organized crime networks were using
profits from trade in counterfeit and pirated goods to fund their
activities.
It
was clear that better strategies – based on more effective
cooperation between stakeholders at national and international
level – were needed to combat the multiple threats posed
by this damaging trade. To this end, the first Congress was convened
by the World Customs Organization (WCO) and Interpol with the
support of the World Intellectual Property Organisation (WIPO).
The
three intergovernmental organizations, each with a wealth of experience
in different aspects of combating counterfeiting and piracy, called
together representatives from governments, industry and enforcement
agencies. Together they determined to pool their forces with the
objectives of pushing the fight against counterfeiting and piracy
up the global political and business agenda; of establishing a
high level public-private partnership to pursue collective action;
and of generating conditions which would lead to greater investment
of human and financial resources in enforcement measures. Their
overall goal was to improve the understanding of the full range
and extent of these costs so as to assist member governments confronting
decisions on how investments in IP protection (through legislation
and regulatory enforcement) are related to and can improve other
social and development priorities, such as economic development,
employment, tax base, consumer health and safety, technology transfer,
law enforcement and fighting organized crime. Their resolve laid
the foundations for a global process, now approaching its fourth
year.
A
Steering Group was established
with key partner organizations from the global business community
– the Global Business Leaders Alliance Against Counterfeiting
(GBLAAC), the International Trademarks Association (INTA), the
International Chamber of Commerce (ICC), and the International
Security Management Association (ISMA) – in order to build
the global public-private partnership and to ensure that recommendations
were carried through.
The
First Global Congress (Brussels, May 2004), provided an opportunity
for leaders from the public and private sectors to analyze the
social and economic impact of counterfeiting and begin to shape
future enforcement strategies and actions. Extending from recommendations
made in Brussels, the Congress would focus its future work on
raising awareness on the growing counterfeiting and piracy problems,
sharing relevant information, developing strategies to combat
the illegal trade and identifying practical actions and potential
solutions.
The
Lyon Declaration, developed at the Second
Global Congress (Lyon, November 2005), identified four priority
areas which have come to serve as the Congress’s mandate
and outline for action. These four priorities are: (1) Raising
Awareness; (2) Improving Cooperation and Coordination; (3) Building
Capacity; and, (4) Promoting Better Legislation and Enforcement.
The
Third Global Congress (Geneva, January 2007) concentrated
on these four priority areas so as to create continuity in dialogue
and enable participants to analyze progress made and suggest actions
oriented towards the remaining challenges in each of the priority
areas. Notably, the Congress also featured a special session on
health and safety risks associated with counterfeiting and piracy;
and this focus will become a fifth pillar of the Congress’
priority focus.
In
the course of the presentations and discussions, a number of suggestions
were made and proposals announced on how the various stakeholders
might more effectively combat counterfeiting and piracy. These
suggestions and proposals have been collected informally into
an unofficial set of suggested actions that now serve as a valuable
body of knowledge that significantly advances the concept of a
global consensus on priority actions that must be collectively
undertaken by governments and industry in meeting their common
goal of reducing counterfeiting and piracy.
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