sangeeta ssangeetamyjaringnet development un postal agency roped enforce ipr agenda published suns 6534 dated 8 august 2008 geneva 6 aug sangeeta shashikant riaz k tayob united nations agency dealing postal services may soon used help police enforce violations intellectual property rights move little noticed many developing countries policymakers 24th universal postal congress upc meeting geneva 23 july 12 august 2008 upc supreme authority universal postal union committee upc 1 august discussed issue counterfeit pirated items sent post three proposals topic made two adopted vote discussions proposals showed many countries including developed countries concerned postal services national level roped fight counterfeit products legal expertise scope deal including determining whether product counterfeit violates intellectual property laws despite concerns raised many countries two proposals adopted upu committee makes decisions based vote discussions brief limited compared length discussions allowed un organizations rather consensus case un organizations proposals discussed 1 resolution 40 counterfeit pirated items sent post 2 amendment upu convention list articles prohibited post 3 amendment convention senders liability proposed resolution amendment list prohibited articles adopted member states amendment concerning senders liability rejected according source upu increasing pressure world customs organisation wco adopt proposals counterfeiting pirated items wco among international organizations used push forward anticounterfeiting agenda drawn major developed countries organizations world health organisation world intellectual property organisation wipo upu headquarters berne primary forum cooperation postalsector players 191 member countries un specialised agency sets rules international mail exchanges makes recommendations stimulate growth mail volumes improve quality service according policy expert iprs susan sell proponents ip maximalist agenda using concepts counterfeiting piracy enforcement international organizations push agenda set enforce higher ip standards sell director institute global international studies professor political science international affairs george washington university usa recent paper said ip anticounterfeiting enforcement agenda involves hundreds oecdbased global business firms foreign subsidiaries also includes initiatives programmes anticounterfeiting trade agreement acta interpols standards employed customs uniform rights enforcement secure us chamber commerces uscc coalition counterfeiting piracy intellectual property enforcement initiatives campaign protect america security prosperity partnership north america spp whos international medicinal products anticounterfeit taskforce impact wipos advisory committee enforcement ace discussions bilateral regional free trade agreements investment treaties economic partnership agreements new anticounterfeiting enforcement initiatives latest mechanisms achieve goals sell calls ip maximalists ratchet ip protection enforcement worldwide beyond trips agreement part aim counter recent setbacks raising ip standards multilateral level counter public campaigns access knowledge medicines movement says sell proposals upu signify upu latest addition strategic forum shifting pushing forward anticounterfeiting agenda resolution 40 adopted amendment proposed brazil operative paragraphs urges upu member countries context national legislation encourage postal administrations take reasonable practical measures support customs role identifying counterfeit pirated items postal network cooperate relevant national international authorities maximum possible extent awarenessraising initiatives aimed preventing illegal circulation counterfeit goods particularly postal services preamble resolution 40 notes postal channel used together distribution channels sending counterfeit pirated items poc committee 3 customs support project group carried study upu customs securityrelated issues concerning intellectual property matters results study revealed postal administration legal competence determining whether item counterfeit whether customs declaration falsely completed customs experts intellectual property rights primarily responsible determining whether item counterfeit legislation member countries deal counterfeit pirated items varies country country finally problems cause operational difficulties legal problems countries concerned implement actions resolution mentions several performance indicators including assistance given designated operators develop strategies national level cooperation national customs authorities enabling postal administrations learn riskassessment techniques identify counterfeit pirated items postal network reading materials developed cooperation wco participation upu international forums studyfollow postalrelated issues concerning ip infringements developing elearning module cooperation wco resolution 40 proposal general nature submitted postal operations council poc committee wcoupu contact committee poc 3 customs support project group presented resolution poc examination january 2008 france introducing resolution said postal network used send counterfeit pirated items adding international customs organisation raised issue germany supporting proposal stressed postal operators enforcement authorities understood pressures wco eu focus counterfeiting pirated items linked risk management said done proper authorities e custom authorities germany said forget position act enforcement authority important topic customs support group wcoupu contact committee added customs support group reconstituted basis bucharest congress resolution c632004 overall objective raise profile customs issues help upu member countries prepare regulatory changes addressing issues one area activity focused closely following regulatory questions necessary representing interests upu community large policymakers national international level paying attention new regulatory requirements various countries regions well potential intellectual property rights issues wcoupu contact committee official forum cooperation wco upu actions carried include possible effect wcos safe framework standards particularly concept authorized economic operator posts efforts combat illegal transactions counterfeit pirated goods including possible formulation regulations wcos input efforts develop upu security standards procedures development elearning modules updating joint wcoupu publications etc us supported concept added implementation actions goals incorporated postal security action group psag limited working psag developing guidelines procedures tools combat counterfeiter measures example use customs electronic information address isolating shipment etc psac share results upu customs group added us said law customs authorities postal staff concerned enforcement however postal security enforcement coordinate law enforcement authorities psag chaired us acts combat use post vehicle terrorism launder money improve postal security policies develop dynamic security strategies etc china said issues similar protection ip fighting counterfeit discussed wto wco developing developed countries different understanding proposals agencies accepted added issue studied hasty decision taken stressed measures taken constitute barriers international trade consistent wipo development agenda representative wco said cooperated enhance training members postal administrations generally welcomed supported proposal outlined also added study conducted fight counterfeiting malaysia said concerned terminology support customs reasonable practical measures defined proposal adding know extent proposal also said malaysia deems sufficient may comply upus definition term concerned requirement raise maximum awareness prevent illegal circulation counterfeit goods particularly postal services suggested postal service also responsible prevent illegal circulation counterfeit goods although circulation may always postal service many countries whether item counterfeit lies body concerned ip language needs refined malaysia added whatever done upu aligned wipo wipo policies differ country country called study proposal france clarified reasonable measures meant country decide one could adapt needs state said postal service take part awareness raising purpose would prevent use postal service counterfeiting brazil proposed adding context national legislation heard concerns china malaysia saudi arabia said country issue counterfeiting rested ministry culture customs cooperation upu wco differences legislation also called study issue international bureau upu said resolution statement intent country interpret resolution despite several countries wishing make statements issue chair cut debate short called vote response south africa raised motion continue debate put vote vote succeed result resolution put vote 95 countries voted favour resolution 22 20 countries abstained voting result outcome led several countries file appeal plenary session resolution comes final adoption appeal cosponsored egypt india jordan libya malaysia pakistan saudi arabia south africa syria china turkey amendments proposed preamble resolution follows pp 1 bis without prejudice ongoing ip related work competent international organizations pp4 alt understanding determination counterfeit items responsibility relevant national authorities accordance national legislation proposal pp4 alt concern original version shift responsibility determining ip infringement states judiciary customs although latter may adequate competence matter proponents confident appeal go france italy supported great britain netherlands also introduced proposal amend article 15 2004 bucharest convention pertains list articles prohibited sent post proposed include list prohibited articles 1 new para 212bis counterfeit pirated articles 2 word front articles importation circulation prohibited country destination 3 new paragraph 215bis prohibited articles identified shall treated accordance national legislation according proposal reasons amendment reduce circulation counterfeit pirated articles upu members show customs authorities upu actively supports wcos current campaign stamp production circulation pirated counterfeit products dangerous toys electrical items dangerous counterfeit medicines brand goods serious economic harm domestic international companies proposal added introduction article sender obliged take responsibility content item signs cn 23 form introducing proposal italy dropped amendment include para 215bis wco strongly supported proposal adding give strong message upu fight counterfeit pirated goods said always involved fight counterfeiting piracy particularly area public health security canada raised several concerns amendment said within expertise postal employees identify items adding authorities especially custom authorities better placed deal items thus could support provision bangladesh said implications developing countries kept mind every item imported request certificate made everything stuck customs said proposal accepted since previous proposal e resolution accepted proposal put vote agreement 118 countries 3 countries opposing 14 countries abstaining third proposal congress amend article 23 convention include new paragraph 4 bis senders liability e sender pirated counterfeit good shall fully liable legislation country origin well country destination proposal moved france supported great britain italy canada said proposal creates extraterritorial liabilities seems creating civil offences clear whether creating criminal liability need show mens rea e intention added considering resolution 40 adopted proposal senders liability left consideration said kazakhstan new zealand china us supported canada us expressed concern regards extraterritoriality law egypt said liability sender set country origin aware liability country destination france said important postal administration establish principle accept liability possible revisit question added proposal establish foundation rules applies equally distortion country country proposal put vote rejected 42 countries agreeing proposal 53 countries disagreeing 36 countries abstaining congress close 12 august 2000 delegates attending congress supreme authority union although congress main function legislative recent tendency focus strategic broad policy issues 2008 congress adopt world postal strategy serve roadmap member countries upu bodies next congress 2012 note future editions suns publish articles role international organizations ip enforcement part anticounterfeiting agenda end forwarded message _______________________________________________ iphealth mailing list iphealthlistsessentialorg httplistsessentialorgmailmanlistinfoiphealth fri 08 aug 2008 174846 0800 iphealth suns un postal agency roped enforce ipr agneda