The effectiveness of enforcing intellectual property (IP) rights under criminal law was the focus of discussions at a recent meeting of the World Intellectual Property Organization’s (WIPO) Advisory Committee on Enforcement (ACE) in Geneva.
The ACE was set up by WIPO member states in 2002 as a forum for discussion of enforcement matters, with a mandate to cooperate with other intergovernmental organizations and the private sector to combat counterfeiting and piracy activities; undertake public education; provide assistance to member states on request; to coordinate national and regional training programs for all relevant stakeholders; and to facilitate the exchange of information on enforcement issues.
The Committee heard presentations on the criminal enforcement of IP laws in
various jurisdictions, and considered issues such as the scope and definition
of IP crimes, investigation and initiation of criminal proceedings, jurisdiction,
means of streamlining proceedings, evidentiary issues, sentencing options and
level of penalties.
“This session of the Advisory Committee on Enforcement has been extremely
useful in identifying opportunities for improved coordination and cooperation
among stakeholders to streamline criminal enforcement issues”, announced
Dr Kamil Idris, Director General of WIPO, following the meeting.
He continued: “The obvious commitment of all member states to join forces
in developing effective strategies to counter these insidious problems of counterfeiting
and piracy is most welcome."
The Committee agreed that it should continue to provide a platform for the exchange
of country experiences. The Chairman, Hassan El-Badrawi, Assistant Minister
of Justice for Parliamentary Affairs in Egypt, invited representatives of the
different regional groups to continue consultations on possible themes for discussion
in its next session, and to submit proposals to the WIPO Secretariat by the
end of February 2008.
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