soip – unece sub-regional seminar on the commercialization and enforcement of intellectual...
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SOIP – UNECE Sub-regional seminar on the commercialization and enforcement of intellectual property rights
Macedonia, 1-3 April 2009
ROMANIAN EXPERIENCE
ON COPYRIGHT AND RELATED RIGHTS ENFORCEMENT
MARINESCU ANA-MARIAROMANIAN COPYRIGHT OFFICE (O.R.D.A.)
COMPETENT INSTITUTIONS COMPETENT INSTITUTIONS
National Action Plan: G D no.1174/2005 adopting National Action Plan: G D no.1174/2005 adopting ““The Action Plan regarding urgent common measures with a view to The Action Plan regarding urgent common measures with a view to
improve the enforcement in the area of Intellectual Property Rights”improve the enforcement in the area of Intellectual Property Rights”
Customs Authority : 479 officers appointed in all customs office; ORDA: 32 new positions have been created in 2006; the General Inspectorate of the Romanian Police: 102 police officers
appointed with exclusive competence for the investigation of IPR crimes;
Border Police: 58 specialised officers appointed with exclusive competence for the investigation of IPR crimes;
the Public Ministry: by setting up of a central IP unit of 10 prosecutors, and appointing specialized prosecutors in each county office.
MINISTRY OF JUSTICEMINISTRY OF JUSTICE
is assisting the Public Ministry in the process of monitoring the IP Action Plan and coordinating the activities in the field
initiated before the Government proposals to improve the legislative framework.
THE PUBLIC MINISTRY THE PUBLIC MINISTRY (prosecutors offices) (prosecutors offices)
has a central role in ensuring the proper enforcement of IPR and coordination
within the GPO is organised an IPR specialized unit, composed by 10 specialized prosecutors: an operative sub-unit – prosecutors effectively working on IPR cases and a studies sub-unit – prosecutors centralizing data countrywide, studying the
process of investigation of IPR cases, drafting analyses and disseminating them in the country, for a correct, unified and efficient enforcement of IPR.
coordinating the other institutions, on a multilateral Protocol bases; centralizing data needed for enforcement of IPR; monitoring the implementation of National Strategy - Action Plan; optimize the working methods and establishing best solutions to streamline
the legislation and its implementation; ensuring communication and cooperation between Government
institutions and private antipiracy organisations.
THE COURTSTHE COURTS
At present there are specialised panels in the courts to deal with IP cases either civil or criminal at the level of tribunals and courts of appeal, (established according to the number and nature of causes).
There has been set up a Civil and Intellectual Property Section at the Bucharest Court of Appeal, in service since January 2005.
All IP cases are under the jurisdiction of the tribunals in first instance, the decisions thereby held may be appealed against before the courts of appeal. On certain grounds the law allows a second appeal on points of law, before the High Court of Cassation and Justice.
ROMANIAN ROMANIAN COPYRIGHT OFFICECOPYRIGHT OFFICE
initiator of the National IP Strategy regulating the activity in the copyright field drawing up drafts of enactments in the copyright field performs technical and scientific ascertains with reference to the
original character of the products bearing copyright or neighboring rights, at the request of the criminal investigation bodies and on the expenses of defendants, if their guilty was proved;
performs, upon request and against payment, investigations, on the expense of the interested parties;
INSTRUMENTSINSTRUMENTS
NATIONAL STRATEGY in the field of Intellectual Property aimed at better IPR protection and enforcement.
ACTION PLAN : sets out clear objectives: to improve laws and bring the Romanian legal framework in line
with the “Acquis Communautaire” and international standards; to strengthen the administrative capacity of the Prosecutors Office,
ORDA, Police, Customs Authority; to improve collaboration between IP related institutions, including
by setting up a central IP database; to increase the efforts on preventing and combating infringements
of IPR, as counterfeiting and piracy.
INTER-INSTITUTIONAL ACTIONSINTER-INSTITUTIONAL ACTIONS
efficient enforcement of IPR induced by appropriate cooperation, information exchange and monitoring among various institutions having competencies on IP matters;
a Central Working Group was established to coordinate the national IP enforcement policy comprising representatives of all the public institutions and private organisations involved;
a multilateral Cooperation Protocol has been signed (initially) by empowered representatives of 32 parties, establishing the organisational and functional rules for the I P Working Group;
3 sub-working groups have been created: counterfeiting, piracy and collective management organisations (monthly meetings and each time when needed).
a national IPR data base of operative interest – the common database was created in 2007 as a component for PHARE 2005
for an efficient coordination of the activities related to findings and prosecuting the offences in this field, the specialized department of the Prosecutor’s Office monitors, on a monthly base, the complex causes investigated by the prosecutor’s offices and the Police ;
efforts are deployed to strengthen the dialogue with the private industry (creative industries representatives)
EFFECTIVE ENFORCEMENTEFFECTIVE ENFORCEMENT
An Operative Measures Plan on the fight against counterfeiting and piracy was elaborated and implemented since August 2005 under the coordination of the Public Ministry. It allows to the specialized institutions with prerogatives in this field (IGPR, IGPF, ANV, ORDA) to carry out various common activities to discover infringements of IPR.
Border actions
18 appt. labs for pirated phonograms, DVD’s, computer programs identified
Deterrent sentences (imprisonment, considerable criminal fines etc.)
ENFORCEMENT SINCE ENFORCEMENT SINCE THE ESTABLISHMENT OF THE ESTABLISHMENT OF
IP WORKING GROUPIP WORKING GROUP
Identified in ten Romanian cities 18 pirate labs for the purpose of producing pirated phonograms, ideograms and computer programs for commercial purposes.
On those occasions were seized a number of 14 IT systems, 24 CD-writers and DVD writers, 13 hard-disks, 70.229 CDs and DVDs, 3363 sleeves, blank CDs DVDs, CD`s envelopes and 839 stickers.
ENFORCEMENT SINCE ENFORCEMENT SINCE THE ESTABLISHMENT OF THE ESTABLISHMENT OF
IP WORKING GROUPIP WORKING GROUP
COURT SENTENCES
In 2005 the courts issued 9 custodial sentences (from 2 months to 2 years imprisonment) and 35 criminal fines.
In 2006 the prosecutors sent to trial 31 cases.
In 2007 – the prosecutors sent to trial 106 cases.
In 2008 the first sentence for piracy:5.6 years imprisonment and a total fine of 477,059 lei (28 years old young man for offering, distributing, possession with the purpose of distributing pirate goods and promoting pirate goods through electronic means).
ENFORCEMENT SINCE ENFORCEMENT SINCE THE ESTABLISHMENT OF THE ESTABLISHMENT OF IP WORKING GROUPIP WORKING GROUP
In the copyright and related fields, 26 sanctions for misdemeanours offences/ contraventions were applied only in one year: Total value - 100,670.00 LEI Total of number of confiscated goods:
5,163 audio tapes; 71,506 CDs and DVDs; 13,912 covers; 19,332 cases; 50 devices.
NUMBER OF COUNTERFEITED NUMBER OF COUNTERFEITED
AND PIRATED GOODS SEIZED AND PIRATED GOODS SEIZED
Type of goods
2006 2007 2008
number number number
Audio/video types 27,458 5,825 1,111
DVD/CD 154,878 87,954 50,089
Reproduction machines 1,680 416 564
Control access devices 15 24 -
Clothes 56,094 100,183 67,398
Shoes 72,687 16,963 8,734
Electronic devices 37,149 5,173 10,496
Cosmetics 98,121 38,548 17,814
Medicines, sanitary products 20,380 1,900 11,047
Alcohols 7,8530 25,2631 8,693
Cigarettes 90,1100 166,1847 210,000
Coffee 7,081.5 22,704.6 646
Other goods 373,342 318,48 63,148
NUMBER OF COUNTERFEITED NUMBER OF COUNTERFEITED AND PIRATED GOODS SEIZED AND PIRATED GOODS SEIZED
In 2007 Customs Authority seized 27,255,426 counterfeited goods, with the value of aproximatly 33,528,541 EURO.
VALUE OF COUNTERFEITED VALUE OF COUNTERFEITED
AND PIRATED GOODS SEIZED AND PIRATED GOODS SEIZED
2006 25,735.34 lei
2007 13,154.9 lei
2008 44,226.72 lei
NUMBER OF IP CASES NUMBER OF IP CASES
2006 7,904 – penal cases solved 6,667 – number of persons inspected
2007 7,035 – penal cases solved 4,871 – number of persons inspected
2008 5,639 – penal cases solved 3,871 – number of persons inspected
IP PENAL CASES - TRIBUNALSIP PENAL CASES - TRIBUNALS
2006 144 – IP penal cases 47 - convictions
2007 243 – IP penal cases 106 - convictions
2008 184 – IP penal cases 81 - convictions
IP CIVIL CASESIP CIVIL CASES
2006 463 – cases with sentences 243 – cases admitted
2007 463 – cases with sentences 209 - cases admitted
2008 465 – cases with sentences 225 - cases admitted
ORDA’S ACTIVITY - 2008ORDA’S ACTIVITY - 2008
Number of technical and scientific ascertains and expertise made with reference to the original character of the products bearing copyright or neighboring rights – 1,112
Number of participating in actions of investigations made by the enforcement authorities - 186
Number of products investigated:
CD / DVD 75.164
Audio types 2.202
Video types 660
Hard disk 478
Covers 3.170
Others 208
TOTAL 81.882
ORDA’S ACTIVITY - 2008ORDA’S ACTIVITY - 2008
Number of products investigated
58017
131530
229855
75164
020000400006000080000
100000120000140000160000180000200000220000240000
CD şi DVD
2005200620072008
ORDA’S ACTIVITY - 2008ORDA’S ACTIVITY - 2008
Peer to peer cases
1
36
0
10
20
30
40
Anul 2007 Anul 2008
ORDA INVESTIGATION TEHNICS
RoadMASSter-2
ImageMASSter Solo-3 Forensic Kit
DriveLock Firewire/USB
Serial-ATA DriveLock Kit
ORDA INVESTIGATION TEHNICS
LinkMASSter-2 Forensic
HARD DISK
INVESTIGATED LAPTOP
ORDA INVESTIGATIONORDA INVESTIGATION
ORDA INVESTIGATIONORDA INVESTIGATION
PIRATED PRODUCT
ORIGINAL PRODUCT
ORDA INVESTIGATIONORDA INVESTIGATION
Exemplu de piratare a produsului Microsoft Windows NT Server Network Operating System Version 4.0
ORDA INVESTIGATIONORDA INVESTIGATION
Exemplu de piratare a produsului Microsoft Windows NT Server Network Operating System Version 4.0
PIRATED PRODUCT
ORIGINAL PRODUCT
ORDA INVESTIGATIONORDA INVESTIGATION
ORIGINAL BOOK PIRATED BOOK
ORDA INVESTIGATIONORDA INVESTIGATION
ORIGINAL BOOK PIRATED BOOK
ORDA INVESTIGATIONORDA INVESTIGATION
STUDIO FOR PIRACY (Bucharest)
STUDIO FOR PIRACYSTUDIO FOR PIRACY (Bucharest)
STUDIO FOR PIRACYSTUDIO FOR PIRACY (Bucharest)
STUDIO FOR STUDIO FOR PIRACYPIRACY
(Bucharest)
PUBLIC ACTIONS OFPUBLIC ACTIONS OF DISTROING DISTROING PIRATED GOODSPIRATED GOODS
PUBLIC ACTIONS OFPUBLIC ACTIONS OF DISTROING DISTROING PIRATED GOODSPIRATED GOODS
