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Counterfeiting – Italian Patent and Trademark Office

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Counterfeiting – Italian Patent and Trademark Office Department for Enterprise and Internationalisation Directorate-General for the Fight Against Counterfeiting – Italian Patent and Trademark Office COUNTERFEITING: SCOPE, CHARACTERISTICS AND IN-DEPTH ANALYSES OF THE PHENOMENON Final report Department for Enterprise and Internationalisation Directorate-General for the Fight Against Counterfeiting - Italian Patent and Trademark Office COUNTERFEITING: SCOPE, CHARACTERISTICS AND IN-DEPTH ANALYSES OF THE PHENOMENON FINAL REPORT i l’I t r i li i - r i Copyright Ministry of Economic Development Department for Enterprise and Internationalisation Directorate-General for the Fight Against Counterfeiting – Italian Patent and Trademark Office Via Molise 19 - 00187 Rome [email protected] [email protected] Website: www.uibm.gov.it ISBN 9788890749124 All rights reserved. No part of this book may be reproduced or distributed by any means, including photocopies, microfilm or any other medium, without the written permission of the Administration Study carried out by Fondazione CENSIS, Centro Studi Investimenti Sociali Commissioned and funded by The Directorate-General for the Fight Against Counterfeiting – Italian Patent and Trademark Office (DGLC-UIBM) Department for Enterprise and Internationalisation Ministry of Economic Development Completed in November 2011 CENSIS Foundation working group: Anna Italia, Alberto Castori, Michele Fenucci, Sara Giannone, Tommaso Proganò Directorate-General for the Fight Against Counterfeiting –Italian Patent and Trademark Office working group: Gianluca Scarponi, Francesca Arra, Enrico Maccallini, Paola Riccio Our thanks go to the following for their collaboration: Paolo Agoglia Director, Legislative Bureau, Centro Studi Giuridici (Centre for Legal Studies), SIAE General Directorate A special thank you also goes to those who contributed to the focuses on individual product sectors in the third part of this report. This work is the English translation of “Dimensioni, caratteristiche e approfondimenti sulla contraffazione. Rapporto Finale”, Rome, July 2012 FOREWORD Since its inception, the Directorate-General for the Fight Against Counterfeiting – Italian Patent and Trademark Office (DGLC-UIBM) has adopted measures to protect and promote Intellectual Property and to combat counterfeiting. The DGLC-UIBM’s long-term priority is to promote a critical review of current production and consumption models while providing strong, timely signals to protect the productive fabric against the threats and negative effects of counterfeiting, all of which is preceded by intensive data gathering and analysis, in full accord with European Union priorities. In support of this aim, a method and a tool have been developed for detecting and monitoring anti-counterfeiting activities in the form of the IPERICO database, which collects data on seizures of counterfeit goods in Italy by the Customs Agency, Italian Tax Police and other law enforcement agencies. In parallel, several in-depth analyses of the phenomenon have been undertaken both through structured consumer and business surveys and case studies, for example on the involvement of organised crime in the trafficking of counterfeit goods, in collaboration with a leading United Nations research institute. This report on the “Counterfeiting: Scope, Characteristics and In-depth Analyses of the Phenomenon” represents another important step in the analysis process and a requisite for any reliable public anti-counterfeiting policy. The report, written by the authoritative CENSIS foundation in collaboration with the Directorate-General for the Fight Against Counterfeiting – Italian Patent and Trademark Office, continuing from the previous 2009 edition, sets out to provide a solid knowledge base on counterfeiting, in terms of its negative macroeconomic impact on Italy’s economy. It offers a simple yet complete analysis of all notions concerning the regulatory context, negative impacts in economic and fiscal terms (total proceeds generated by counterfeiting, its negative effect on employment and on government finances as a result of lost direct and indirect tax revenue), and includes a special focus on a number of industries particularly affected by counterfeiting such as leather goods and footwear, cosmetics and design, as well as a focus on demand in some of the most representative cities. Without entering into detail regarding the analyses carried out by CENSIS with the support of the working group of the Directorate-General, it is worth highlighting the “innovative” scope of one of the findings of the research, namely that the market for counterfeit goods mirrors other consumption trends. This and other topics for consideration are offered to the general public, to those working in the sector and to the scientific community, so that research does not continue as an end in itself but as a requisite for action, that is, for combating counterfeiting as a severely debilitating force for any modern economy. Loredana Gulino Director General Directorate-General for the Fight Against Counterfeiting – Italian Patent and Trademark Office 3 Ministry of Economic Development Department for Enterprise and Internationalisation Directorate-General for the Fight Against Counterfeiting – Italian Patent and Trademark Office PREFACE This new edition of the Censis report, which has been coordinated by the Directorate- General for the Fight Against Counterfeiting – Italian Patent and Trademark Office, has the merit of measuring the hidden part of the counterfeiting “iceberg” – a popular yet nonetheless apt metaphor for describing the phenomenon. First and foremost the Censis report deserves praise for measuring counterfeiting in Italy at regular intervals, making data comparable over time and offering careful readers a broader understanding of the counterfeiting phenomenon, in order to gain greater awareness of its pervasiveness in our country’s economy. The report does not gloss over the microeconomic aspect, reserving particular attention for a number of industries. One of its most commendable focuses is on the design area, in this case represented by mid-to-high-end furnishings. Counterfeiting particularly affects this area and while it is no accident that a Committee dedicated to design has been established within the National Council, the implications of counterfeiting for this sector have rarely been addressed. Equally interesting are the knowledge perspectives produced by surveys conducted among consumers of counterfeit products. They provide essential information, as they remove any doubts regarding the nature of the counterfeiting market; a market which by now is parallel to and even follows trends in markets for genuine goods. The results of the quantitative measurement of proceeds from counterfeiting are evidence of this. Common sense suggests that such proceeds would increase as a result of the economic crisis. However, on the contrary, they seem to have decreased. The Censis report, through the up-to-date macroeconomic – and therefore not sectoral – data it contains, together with estimates of other macro-economic variables which are particularly significant at this moment in history such as the number of jobs lost in the legal economy or lost tax revenue, makes a valuable contribution, from which the National Anti-counterfeiting Council will draw useful information in order to pursue its core goals. Daniela Mainini President, National Anti-counterfeiting Council 5 Ministry of Economic Development Department for Enterprise and Internationalisation 6 Directorate-General for the Fight Against Counterfeiting – Italian Patent and Trademark Office Foreword.......................................................................................................... ................................. 3 Preface.............................................................................................................................................. 5 Introduction ...................................................................................................................................... 9 Part One THE REGULATORY AND INSTITUTIONAL CONTEXT Preliminary remarks ................................................................................ 15 1 Counterfeiting and piracy.......................................................................................... 20 2 Counterfeiting in the Development Law ................................................................... 25 3 Directorate-General for the Fight Against Counterfeiting – Italian Patent and Trademark Office .......................................................................... 28 4 Data on seizures ....................................................................................................... 31 4.1 Anti-counterfeiting activities: Police and Customs Agency .............................. 31 4.2 Anti-counterfeiting activities: National Police, Local Police and Carabinieri ................................................................................................. 37 Part Two THE ECONOMIC AND FISCAL IMPACT OF COUNTERFEITING SECTION I – THE ECONOMIC IMPACT Preliminary remarks ................................................................................................. 45 1 Methodology and results of the analysis .................................................................. 46 2 Analysis by product sector ........................................................................................ 54 2.1 Data sources and methodology .....................................................................
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