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Produced by ICC’s Business Action to Stop Counterfeiting and Piracy (BASCAP) initiative, the paper sets out cross-cutting measures and best practices that will help intermediaries—ranging from express shipping companies to online search engines and market places—ensure that their systems are capable of eliminating the infiltration of counterfeit goods and pirated content.
Roles and responsibilities of Intermediaries
Intermediaries are the backbone of commerce and include suppliers of raw materials and components, transport, shipping and distribution companies, landlords and shop owners, online marketplaces, internet service providers, search engines and advertising networks, websites, credit card companies and even the popular social media sites.
Intermediaries, as the underlying infrastructure of all commerce have the inherent responsibility to restrict the abuse of their infrastructures for illicit trade. The greater the number of intermediaries and the more elaborate the supply chain, the more vulnerable the system is to infiltration and exploitation by counterfeiters. Experience shows that most intermediaries, when better informed about potential exploitation and the damage done by counterfeiting and piracy, demonstrate a willingness to secure their portion of the supply chain from abuse.
Purpose of the study
The BASCAP study examines several types of intermediaries, which are critical in the supply chain and are vulnerable to counterfeiting and piracy. Where current efforts have been inadequate in protecting against counterfeiting and piracy, the BASCAP study suggests measures to help responsible intermediaries more effectively deal with vulnerabilities in their operations.
The study aims to:
- Raises awareness of intermediaries’ vulnerabilities to criminal networks and other infringers who exploit them to facilitate the global trade in counterfeit merchandise
- Identifies current approaches to the problem through voluntary efforts on the part of intermediaries, enlisting them to engage both independently and with rights holders and authorities to discourage counterfeiting and piracy
- Identifies alternative approaches to the problem that intermediaries might consider in developing solutions
- Assesses whether these programs are working to deter the infiltration of counterfeit and pirated goods within these intermediary networks
- Presents BASCAP recommendations both specific to each intermediary and as a set of concluding general best practices. The result will encourage intermediaries to collaborate with rights holders and governments and more effectively address global counterfeiting and piracy problems
|Code ISBN :||Free0020|
|Number of pages :||108|
|Publishing date :||2015-03-02|
Trends toward IP infringement in the supply chain
Intermediaries in the physical world
Intermediaries in the online world.
Key principles found in intermediary-related laws
Responsibility and accountability
Conditions for “safe harbor” immunity
Legal precedents and regulation
Part I: Physical Intermediaries
1. Raw materials and component suppliers
1.1 Vulnerabilities to counterfeits from raw material, component, and ingredient suppliers
Vulnerabilities in commercial aviation
Vulnerabilities in electronics
Vulnerabilities in pharmaceuticals.
Vulnerabilities in tobacco products
1.2 Current approaches to the problem
Commercial aviation: distributor accreditation program
Electronics: standards for parts and vendor management, procurement, testing, and response strategies
Pharmaceuticals: verified mark program
Tobacco: the Digital Coding & Tracking Association
Cross-sector standards: ANSI
1.3 Additional approaches to consider
KYS and beyond — Know Your Customer
KYC in transport of pesticides
1.4 Are these practices working
1.5 Suggested best practices
2. Transport operators
2.1 Vulnerabilities to counterfeits for transport operators
Vulnerabilities in container shipping — sea and land
Vulnerabilities in air cargo and mail couriers
2.2 Current approaches to the problem
Voluntary monitoring and reporting, partnerships, blacklists, education and data-sharing
KYC programs in shipping/transport
KYC and due diligence services
Multilateral public-private partnerships
2.3 Additional approaches to consider
Partnerships to enhance targeting of counterfeit shipments
Authorized Economic Operator Program (AEO)
COAC IPR subcommittee
Transport intermediary action in other areas — sustainabilit
2.4 Are these practices working?
2.5 Suggested best practices
3.1 Vulnerabilities to counterfeits for landlords
3.2 Current approaches to the problem
MoUs and collaboration eforts
Voluntary charter progra
3.3 Additional approaches to consider
3.4 Are these practices working?
3.5 Suggested best practices
Part II: Online Intermediaries
4. Sites, platforms, portals and services
4.1 Online marketplaces
4.1.1 Infringement in E-commerce
Direct counterfeit sales
4.1.2 Current approaches
European Commission’s Memorandum of Understanding (MoU)
MoUs between industry associations and Taobao
Internal corporate policies to deter infringement
4.1.3 Additional approaches to consider
nline seals, trust marks, and certifications
4.1.4 Are these programs working?
4.1.5 Suggested best practices
4.2 Content-sharing services
4.2.1 Infringement and piracy
User-generated content sites
4.2.2 Current approaches to the problem
Notice and takedown
Automatic Content Recognition (ACR) filtering
Automated notice and takedown
Terminating repeat infringers
4.2.3 Additional approaches to consider
Education and raising awareness
Predictive tools for risk analysis
4.2.4 Are these practices working?
4.2.5 Suggested best practices
5. Infrastructure providers
5.1 Internet hosting services
5.1.1 Infringement on Internet hosting services
5.1.2 Current approaches to the problem
Notice and takedown
5.1.3 Suggested best practices.
5.2 Domain name services
5.2.1 Current approaches to the problem.
5.2.2 Are these practices working?
5.2.3 Suggested best practices
Roles and Responsibilities of Intermediaries
5.3 Internet service (access) providers
5.3.1 Vulnerabilities of Internet access and transmission services to misuse and abuse by IP infringers
5.3.2 Current approaches to the problem
Terms of service/acceptable use policies
Education, notice and graduated response for repeat infringers
The US Copyright Alert System
The Graduated Response Programs in France, the UK and Ireland
Public education and awareness
Colleges and universities
5.3.3 Are these practices working?
5.3.4 Suggested best practices
6. Search, online advertisers and payment processors
6.1 Internet search engines and portals
6.1.1 Infringement on Internet search engines and portals
6.1.2 Current approaches to the problem
Notice and takedown
Search engine rank demotion
Key-word blocking in autocomplete
6.1.3 Are these practices working?
6.1.4 Additional approaches to consider
Prioritize legitimate sources in search
De-index overwhelmingly infringing sites
De-rank sites that persistently make available unlicensed content
Auto-complete functions and predictive search query suggestions
6.1.5 Suggested best practices
6.2 Online advertising
6.2.1 Vulnerabilities to counterfeiting and piracy for online advertising
6.2.2 Current approaches to the problem
Statement of best practices — advertising sector
Tools available to advertisers
62.3 Are these practices working?
6.2.4 Suggested best practices
6.3 Payment processors
6.3.1 Vulnerabilities to counterfeiting and piracy for payment processors
6.3.2 Current approaches to the problem
Voluntary cooperation with payment processors
Rights holder, law enforcement, and payment processor coordination
The Center for Safe Internet Pharmacies (CSIP)
6.3.3 Other approaches to consider.
6.3.4 Are these practices working?
6.3.5 Suggested best practices
International Chamber of Commerce (ICC) Publication