INTERNATIONAL FORUM ON ANTICOUNTERFEITING:

INTERNATIONAL FORUM ON ANTICOUNTERFEITING: Practical Solutions to Vexing Problems December 4 – 5, 2008 Hilton Arc de Triomphe Hotel Paris, France F...
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INTERNATIONAL FORUM ON ANTICOUNTERFEITING: Practical Solutions to Vexing Problems

December 4 – 5, 2008

Hilton Arc de Triomphe Hotel Paris, France

FINAL PROGRAM & ATTENDEE DIRECTORY

International Forum on Anticounterfeiting: Practical Solutions to Vexing Problems December 4 – 5, 2008 Hilton Arc de Triomphe Hotel Paris, France

Welcome to INTA’S International Forum on Anticounterfeiting! Your registration envelope contains your badge, the Final Program and Attendee Directory, and the Evaluation Form. Admittance to sessions, luncheons and the reception is by badge only, so you must wear your badge at all times during the meeting. Please refer to this program for session times. Please complete the enclosed Evaluation Form after the workshop and return it to the INTA registration desk. Thank you for your attendance and interest in this event.

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Exceptional topics, faculty and presentations have come to distinguish INTA programs and earn them an unmatched reputation in the field of trademark law and practice. INTA owes this achievement to the many volunteers who so willingly contribute their time and energy to this effort. INTA would like to thank the Programs and Anticounterfeiting Committees, who jointly planned this event, as well as the Project Team for its excellent work in planning and presenting the INTERNATIONAL FORUM ON ANTICOUNTERFEITING.

PROGRAM CO-CHAIRS:

INTA STAFF LIAISONS:

Stuart Adams Rouse & Co. International (United Kingdom)

Ann Eng Director, Education (United States)

Julie A. Katz Husch Blackwell Sanders Welsh & Katz (United States)

Jo Chen Meetings Planner (United States)

PROJECT TEAM: David Butler GlaxoSmithKline (United Kingdom) Chehrazade Chemcham Fulbright & Jaworski L.L.P. (United States) Faisal Daudpota Al Tamimi & Company, Advocates & Legal Consultants (United Arab Emirates) Rebecca Delorey Gilbey Delorey (France) Stacey King Richemont (United Kingdom) Chander Lall Lall & Sethi (India) Roland Mallinson Taylor Wessing (United Kingdom) Cindy E. Nelson Warner Bros. Entertainment Inc. (United States) Kathryn Szymczyk Borden Ladner Gervais (Canada)

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International Forum on Anticounterfeiting December 4 – 5, 2008 Hilton Arc de Triomphe Hotel Paris, France FINAL PROGRAM THURSDAY, DECEMBER 4, 2008 8:00 a.m. – 9:30 a.m.

REGISTRATION AND CONTINENTAL BREAKFAST

9:30 a.m. – 9:40 a.m.

WELCOME REMARKS Alan C. Drewsen, INTA Executive Director (United States) Rhonda Steele, INTA President, Mars Incorporated (Australia)

9:40 a.m. – 9:55 a.m.

KEYNOTE ADDRESS Margot Fröhlinger, Director, Knowledge-Based Economy – DG MARKT, European Commission (Belgium)

9:55 a.m. – 10:00 a.m.

INTRODUCTION AND OVERVIEW OF DAY ONE Stuart Adams, Co-Chair, Rouse & Co. International (United Kingdom) Julie A. Katz, Co-Chair, Husch Blackwell Sanders Welsh & Katz (United States)

10:00 a.m. – 10:50 a.m.

THE FIRE FIGHT IN FRANCE — Implementation of the European Union IPR Enforcement Directive and Amendments to the IP Code How has France embraced the Enforcement Directive and amendments to the IP Code? What effect have the laws of October 29, 2007 had on enforcement efforts in France; on industry anticounterfeiting policies and strategies? Receive answers to these questions, and also find out how the new legislation has created: • •

New powers and procedures for Customs with respect to infringement of intellectual property rights More effective and comprehensive recovery of damages for rights owners

MODERATOR: Rebecca Delorey, Gilbey Delorey (France)

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SPEAKERS: Xavier Herfroy, L’Oreal (France) Marc Antoine Jamet, Union des Fabricants (France) 10:50 a.m. – 11:00 a.m.

REFRESHMENT BREAK

11:00 a.m. – 12:00 p.m.

HOT POTATOES — Goods in Transit/Free Trade Zones Free trade zones have increasingly become havens for hiding counterfeit goods and for making, marketing and relabeling adulterated products because of the lax regulations in those zones. Experts will discuss: • Balancing free circulation and protection of intellectual property rights in the European Union: The case of goods in transit • The powers of Customs under Regulation 1383 to deal with in-transit goods, and of national courts in the aftermath of the Class International B.V. v. Colgate-Palmolive and Montex Holdings v. Diesel cases • How industry has adapted its strategies for dealing with counterfeit goods in transit MODERATOR: Rebecca Delorey, Gilbey Delorey (France) SPEAKERS: Barbara Kuchar, Gassauer-Fleissner (Austria) Anssi Kartila, Finnish Board of Customs (Finland) John Taylor, European Commission – DG TAXUD (Belgium)

12:00 p.m. – 1:30 p.m.

PUTTING OUT FIRES — Stopping Counterfeits Found in Parallel Imports Mixing counterfeits in parallel import shipments has become a convenient way to ship pirated goods into destined markets. In addition, counterfeiters have adopted sophisticated shipment routes to evade the oversight of Customs and brand owners. While brand owners face difficulties when stopping counterfeits found in parallel import shipments as a result of national and regional laws as well as regulations, they are further challenged by the recent ECJ cases of Class International B.V. v. Colgate-Palmolive and Montex Holdings v. Diesel when the goods travel through the EU or are repackaged in the EU before they are shipped to non-EU markets. Find out how others select outside counsel and maximize collaboration. Learn from experts in the field: • How to stop counterfeits that are found in parallel import shipments in Europe and United States • The impact of the ECJ cases of Class International B.V. v. ColgatePalmolive and Montex Holdings v. Diesel on the ability of brand owners to stop counterfeits in parallel import shipments in the European Union 5

• • •

Challenges and successes in getting Customs to seize and destroy counterfeit goods found in parallel import shipments Comparison of the approaches taken by European Union and United States Customs The use of International Trade Commission (ITC) proceedings in the United States

MODERATOR: Chehrazade Chemcham, Fulbright & Jaworski L.L.P. (United States) SPEAKERS: Huib Berendschot, AKD Prinsen Van Wijmen N.V. (Netherlands) Bruce W. Longbottom, Eli Lilly and Company (United States) Maarten J. de Mol van Otterloo, Samsung Electronics Europe Logistics B.V. (Netherlands) 1:30 p.m. – 3:00 p.m.

NETWORKING LUNCHEON

3:00 p.m. – 4:00 p.m.

LETHAL COUNTERFEITING IN LATIN AMERICA — The Concerns have been Raised, the Combat Continues, but the Counterfeiting Remains Rampant! Through the collaborative efforts of INTERPOL, Latin America national police, Customs officers and industry groups, successful cross-industry, cross-border police operations took place in the tri-border area of Argentina, Brazil and Paraguay. Proactive governments in the region are contemplating new laws. Learn about Operation Jupiter and the latest national initiatives in the region, especially: • • • • •

Why the tri-border area between Argentina, Paraguay and Brazil was selected for the first Operation Jupiter What Operation Jupiter revealed about transnational organized crime The anticounterfeiting scenario in Argentina before and after introduction of border enforcement regulations for IPRs Forthcoming legislation in Argentina and Paraguay Anticounterfeiting successes and failures of brand owners in Latin America, with a special focus on Paraguay and Brazil

MODERATOR: Faisal Daudpota, Al Tamimi & Company, Advocates & Legal Consultants (United Arab Emirates) SPEAKERS: Gustavo Giay, Marval, O’Farrell & Mairal (Argentina) Roberto Manriquez Carrasco, INTERPOL (Argentina) Hiroyuki Tomishige, Honda South America Ltda. (Brazil) (Honda Motor Co., Ltd) 4:00 p.m. – 4:15 p.m.

REFRESHMENT BREAK 6

4:15 p.m. – 5:30 p.m.

IN THE HOT SEAT? Landlords, Market Operators and Internet Sites Enforcement authorities and rights holders are increasingly trying to take action against those whom they allege are either making money out of counterfeit sales or otherwise facilitating such sales. This session explores whether it is fair and appropriate to do so and what liabilities may or may not arise. Learn from those with direct experience about: • Cases involving online sites, market fair operators and landlords in the United States, United Kingdom, France and elsewhere • The civil and criminal law remedies that may apply • The factors and evidence that have influenced the outcome of cases • The impact of the EU Money Laundering Regulation on this issue MODERATOR: Roland Mallinson, Taylor Wessing (United Kingdom) SPEAKERS: Brian W. Brokate, Gibney, Anthony & Flaherty LLP (United States) Daniel Dougherty, eBay Inc. (United States) David Groome, QEB Hollis Whiteman (United Kingdom)

5:30 p.m. – 5:45 p.m.

WRAP-UP OF DAY ONE Stuart Adams, Co-Chair, Rouse & Co. International (United Kingdom) Julie A. Katz, Co-Chair, Husch Blackwell Sanders Welsh & Katz (United States)

6:00 p.m. - 7:30 p.m.

COCKTAIL RECEPTION

FRIDAY, DECEMBER 5, 2008 8:00 a.m. – 9:00 a.m.

REGISTRATION AND CONTINENTAL BREAKFAST

9:00 a.m. – 9:05 a.m.

OVERVIEW OF DAY TWO Stuart Adams, Co-Chair, Rouse & Co. International (United Kingdom) Julie A. Katz, Co-Chair, Husch Blackwell Sanders Welsh & Katz (United States)

9:05 a.m. – 10:30 a.m.

YOU GIVE ME FEVER — Counterfeits Can Seriously Damage Your Health! While brand owners are the most obvious victims of counterfeiting, in some industries such as drug, food, healthcare and auto parts, innocent consumers who are unaware that the product they are purchasing is counterfeit bear the ultimate price. Less recognized is the exploitation of workers to manufacture counterfeit products. 7

Discover from industry experts: • • •

The dangers of counterfeit healthcare products What the pharmaceuticals industry is doing to stay ahead of the counterfeiters The economic and social impact of counterfeits, with a focus on the use of child labor to manufacture counterfeit products

MODERATOR: Stuart Adams, Rouse & Co. (United Kingdom) SPEAKERS: Katrina Burchell, Unilever (United Kingdom) David Butler, GlaxoSmithKline (United Kingdom) 10:30 a.m. – 10:45 a.m.

REFRESHMENT BREAK

10:45 a.m. – 12:00 p.m.

HOT AND SPICY — Practical Aspects of Enforcement in India and China The saying that “practice is very different from theory” perfectly describes the enforcement of brands in India and China. Gain the required edge to run a successful enforcement program in these countries, as practitioners and enforcement experts discuss in detail the problems they face and how they can be overcome, as well as relevant anticounterfeiting and infringement laws and key strategies. MODERATOR: Chander Lall, Lall & Sethi (India) SPEAKERS: Horace Lam, Lovells (China, People’s Republic) Pratibha M. Singh, Singh & Singh Advocates (India)

12:00 p.m. – 1:30 p.m.

CROSS FIRE! Anticounterfeiting Strategies for the Countries Bordering the European Union The realities in countries surrounding the EU, including the CIS (Commonwealth of Independent States) countries, the Balkans and Turkey, can both add to the problem of counterfeits in the EU and be part of the solution in stopping counterfeits. Being apprised of the situation in these countries could assist in halting the flow of counterfeit goods before they arrive in the EU, or, could lead to valuable information for enforcing owners' rights once the goods are in. In this session learn about:

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• • •

The origin and routes of counterfeit goods through and from these countries The challenges and successes in getting Customs and other Authorities to seize and destroy counterfeit goods in bordering countries Other strategies and possibilities in anticounterfeiting enforcement on the borders of the EU

MODERATOR: Kathryn Szymczyk, Borden Ladner Gervais (Canada) SPEAKERS: Özlem Fütman, OFO Ventura (Turkey) Ignacio Lazaro, SD PETOSEVIC (Belgium) Konstantin Raynot, NIKE LLC (Russia) 1:30 p.m. – 3:00 p.m.

LUNCHEON AND SPEECH Richard Heath, INTA President Elect, Unilever (United Kingdom)

3:00 p.m. – 4:15 p.m.

THE INTERNET INFERNO — Negating the Use by Counterfeiters of Web 2.0 Web 2.0 is a nebulous area of the Internet that many brand owners may feel is just a place to socially network with high school friends. Unfortunately, counterfeiters have learned that Web 2.0 sites are also a great place to network and trade. Find out: • • • •

What Web 2.0 refers to (including “metaverses” such as Second Life – splogs; social networking sites such as MySpace – and others) How counterfeiters use these spaces How brand owners and outside counsel can effectively categorize the threats and move against them (for example, is it worth paying attention to virtual counterfeits)? What is next that may be of concern -- Web 3.0?

MODERATOR: Stacey King, Richemont (United Kingdom) SPEAKERS: David Naylor, Field Fisher Waterhouse (United Kingdom) Kristina Rosette, Covington & Burling LLP (United States) 4:30 p.m.

WRAP-UP/ADJOURNMENT Stuart Adams, Co-Chair, Rouse & Co. International (United Kingdom) Julie A. Katz, Co-Chair, Husch Blackwell Sanders Welsh & Katz (United States) Alan C. Drewsen, Executive Director, International Trademark Association (United States) 9

INTA would like to thank the following sponsors: Gold Level Sponsor

Envisional: Technology and analysis to fight counterfeiting Envisional uses its own unique, patented search technologies alongside specialised teams of shrewd and experienced human analysts to help corporations derive vital market intelligence and protect themselves and their customers against counterfeiting, piracy, fraud and online brand and trade mark abuse. Our loyal clients include: • luxury marques • global FMCG brand owners • pharmaceutical manufacturers • banks and insurers • energy majors • TV networks and Hollywood studios Envisional has a long history of working with IP law practices to provide Internet intelligence services that complement and support litigation and takedown activities. Through this mutually beneficial relationship, Envisional helps IP practices pinpoint key infringements for their clients and provides a range of evidence to enable appropriate steps to be taken — from rapid takedown of fake auctions to civil and even criminal actions against major suppliers of counterfeits. Envisional’s automated monitoring systems scan the broadest possible range of Internet sources, reaching far out beyond the world wide web pages indexed by the major search engines. As well as websites, these systems monitor auction sites, blogs and social media, newsgroups, B2B forums, peer-to-peer networks and Internet relay chat channels, all of them important sources of information and evidence. The hits from this extraordinary range of sources are intelligently filtered and classified in line with complex customer-defined criteria to provide highly focused results, ranked in priority order to reflect clients’ specific concerns. Informed analysis of these outputs is a key factor in tracing the connections between the groups and organisations that make up the international supply chain. Once these links are understood, action can be targeted against the nodal points where intervention and enforcement activity will have the most disruptive impact. This analysis is supported by intelligent, customisable tools and systems that are unique to Envisional. Our ImageFlare visual search technology is especially useful for those fighting online counterfeit sales. As the world’s only robust and reliable logo monitoring and detection system, it provides a new, powerful and cost-effective way of identifying online logo, branding and trade mark abuse. For more information, email [email protected]. 10

Gold Level Sponsor

IP TWINS Global domain registration, search and consultancy services The name «IP Twins» refers to the "Intellectual Property Twins": Trademarks and Domain Names. IP TWINS is a business concept: since trademarks and domain names are as two sides of the same coin, no trademark can exist anymore without a corresponding domain name! Whatever YOU do for your trademarks, WE do it for your domains! Managed by a former Trademark Attorney, staffed with IP lawyers, IP TWINS founded in early 2002 knows what a Trademark is, and offers professional solutions to the problems you face on the Internet for the protection of your brands. IP TWINS handles worldwide registration, management and consolidation of domain portfolios, added value domain and web content audit, search and monitoring services, search engine optimization as well as protection strategy consultancy services. Why, then, choose IP TWINS, “not just another registration company”? for economies of scale: you will reap the benefits of increased efficiency and savings by centralizing all of your name-related services for the efficiency of its technology and its innovative software programs working to monitor the use of your trademarks on the Internet. for the quality of personal relationships: because you prefer to cultivate intuitu personae, a long-term relationship on a personal basis than to put up with an anonymous, often too automated service. because just like you, we are Intellectual Property professionals and believe that expertise is the basis of all success, so we go the extra mile to add value to our already reliable, high-quality services. and, last but not least, because you share our view of the customer relationship as a long-term partnership. For more information and access to our toolbox : Email : [email protected] http://www.iptwins.com Tel. : +33 (0)142 789 312 Fax : +33 (0)142 789 315

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Gold Level Sponsor

MAILCLUB: With more than ten years experience, MailClub offers global domain name services to corporations and IP specialists. Our products are comprehensive and include the management of all administrative, technical and marketing issues related to domain names. Domain name portfolio management Icann registrar as well as accredited in dozens of ccTLDs, we can register domains in any country and offer a full service (mail/url redirection, sub-domains, automated DNS management), with options including multi-year registrations, IDNs, local representation or cover-name for confidential projects. Each of our customers has a dedicated Account Manager, and can also draw on the support of IP/IT professionals on specific needs such as advanced DNS management, domain name recovery and domain purchase negotiations. CorpTLDs Companies will be soon able to create their own extensions (such as .chanel, .microsoft or .coke) and manage them as they see fit. This will open the door to new technical, marketing and sales strategies. Our partnerships with Deloitte and the market's leading technical operators will ensure the smooth, problemfree management of your CorpTLD, in accordance with your needs and specifications. We will help and advise you so that you can get the most from your investment in technical and marketing terms. Audit and domain watches In the face of the growing number of trademark infringements on the internet, we have developed a full range of monitoring products which will help you protect your rights by alerting you in real time of any fraudulent usage. Our automatic systems detect domains containing your trademarks, for gTLDs as well as ccTLDs and alert you if any new domains are registered, whose pronunciation or appearance are similar to your trademarks. For complex watches, our teams can analyse the results before sending them to you. All these watches also work with IDNs. Website content monitoring is designed to alert you if the content of a web page/site changes. We can also monitor whois data and alert you in case of any changes on the monitored domains. In addition to our domain watches, our search tools can provide global domain name audit services. They can also generate owner audits as well as typosquatting reports as well as whois data archive reports.

MailClub websites : domains.mailclub.com and www.mailclub.info Contact : [email protected] and +33 (0)4 88 66 22 18 12

INTERNATIONAL FORUM ON ANTICOUNTERFEITING

ATTENDEE DIRECTORY

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