European Cooperation Against Counterfeits Online: Sporting Goods Industry Joins Team

The Federation of the European Sporting Goods Industry (FESI) and the European Commission recently signed a memorandum of understanding that sets out to “establish a code of practice in the fight against the sale of counterfeit goods over the internet and to enhance collaboration between the signatories.”

During the European Commission’s IPR Enforcement Conference in June the MoU was signed by rights owners, internet platforms, FESI and the EC’s Directorate General for Internal Market, Industry, Entrepreneurship and SMEs (DG Growth). The June press release on the MoU can be found here.

A further bilateral meeting between FESI and EU Intellectual Property Office (EUIPO) was held on 20 September in Alicante, Spain. The objective was to evaluate and strengthen FESI and EUIPO’s collaboration efforts in combating intellectual property rights infringement, by also following up and assessing an anti-counterfeiting campaign, according to a release.

FESI Secretary General Alberto Bichi said in the June MoU release, “As the main European representative of suppliers and retailers in the sporting goods industry, FESI is proactively making continuous efforts to combat the online sale of counterfeit goods. With the signing of the current MoU, we are confident that in joint cooperation with the Commission, the involved right owners and internet platforms we will significantly reduce the level of commercial scale IPR infringements.”

The MoU outlines notice and takedown procedures (NTDs) and a reporting system for the suspected sale of counterfeit goods online.

In addition, proactive and preventative measures for both rights holders and internet platforms in the fight against counterfeits are laid out. Rights holders should monitor websites and provide information to internet platforms as to products susceptible to being counterfeits, including at points of manufacture and initial distribution.

In parallel, internet platforms are to take this information into consideration, identify and prevent counterfeit sales and verify online sellers.

Under another section entitled, “Cooperation, including Sharing of Information,” internet platforms “should” disclose relevant information including the identity and contact details of alleged infringers upon request, within the scope of relevant data protection laws.

Moreover, the role of consumers should be taken into account, as they can play an active role in the fight against counterfeits, when provided with appropriate tools to help them report counterfeit goods on offer, the MoU says.

The assessment of the implementation and functioning of the MoU is to be measured by three key performance indicators (KPIs). These include: the number of search results that link to an offer of alleged counterfeit goods; the number of listings removed and the number of permanent and temporary sellers restrictions imposed.

Products that are to be included by the KPIs range from sporting goods, luxury brands, fashion brands, fast-moving consumer goods (FMCGs) to electronics.

The joint collaboration between FESI and the EC is the latest in a series of joint initiatives by the Federation, which also launched “Score the Real Thing”, an awareness campaign in collaboration with the European Union Intellectual Property Office (EUIPO).

The campaign’s series of videos, posted on various social media channels, warns young people against the risks and dangerous aspects of purchasing counterfeit sporting goods online. In a series of studies, EUIPO found that €26.3 billion euros in revenue is lost annually to counterfeit clothing, footwear and accessories including sport clothing and footwear and more specifically €500 million were lost in sporting goods per year.

Overall, these prove to be concrete steps in the EC’s Action Plan following its Communication in 2014 and its plans to improve public awareness and share best practices to assist SMEs.

Alexandra Nightingale is a researcher at Intellectual Property Watch. She completed her Bachelors in Law at the University of Sussex and holds an LLM degree in International Law from the School of Oriental and African Studies in London. During her Masters, she developed a strong interest in Intellectual Property, particularly patents and the aspects relating to global health. Her research interests now also include geographical indications and trademarks.

 

Image Credits: FESI