New EU Customs Borders:New EU Customs Borders: what level of protection the brand owners what level of protection the brand owners

can expect from the Baltic states?can expect from the Baltic states?

Romans Baumanis

INDICAM Forum

Milan, Italy

31 March 2004

The Baltic hub: The Baltic hub: area for trade and smugglingarea for trade and smuggling

• Borders with Finland, Russia, Belarus, Poland.

• Ice-free ports and well developed transit infrastructure.

• 3rd year in the row on the USTR 301 watch list.

• Track record of large smuggling cases.

The Baltic hub: The Baltic hub: area for trade and smugglingarea for trade and smuggling

• Current seizures• Multi million cigarette

smuggling cases have been reported, involving terrorist organizations.

• Several manufacturing facilities have been discovered in Latvia.

IPR Protection statusIPR Protection status

• TRIPS compliance

achieved on paper

• Basic IPR literacy

achieved through

bilateral, multilateral

and private sector

training programs for

Customs and police.

IPR Protection statusIPR Protection status• Significant personnel

changes in Customs and

police reduce

effectiveness of the

trainings.

• Lack of financial and

human resources,

insufficient technical

means.

IPR Protection statusIPR Protection status• Judiciary system is slow to

understand and implement

IPR laws

• IP violations still

perceived as victimless

crime by the Governments

• Global scale of

counterfeiting: additional

challenge for the EU

LatviaLatvia• Possibility for ex-officio actions exists;

Customs start using it.

• Customs applications: currently around 69, 4 in electronic form, no fee.

• IPR infringement data collection and sharing: virtually non-existent among Latvian agencies nor at the pan-Baltic level

• CIPR-REACT joint venture as of Feb. 2004

Latvia Latvia The Government shows selective awareness of the

counterfeiting problem!

LithuaniaLithuania• Possibility for ex-officio actions exists; seldom

used: 4 cases in 2003.

• Applications accepted: 2001- 9; 2002 - 24; 2003 - 30, fee - 150 €/ 2 years.

• Information gathering: CEN form is not used; some limited information exchange exists between GOL agencies.

• CIPR-REACT project soon operational.

EstoniaEstonia

• Possibility for ex-officio actions exists; seldom used. New Directive will give additional powers.

• Currently 68 applications; no fee; kept as hard copies - no electronic submission form.

• Data gathering: CEN form is not used; same case as in Latvia and Lithuania.

What can be done to improve IPR protection?

• Use diplomatic channels to underscore importance of IPR protection.

• Develop cooperation with the Governments - show concern and support.

• Share information to achieve better enforcement.• Assist with enforcement - REACT type of

cooperation.• Build brand protection capacity within the

organization.• Develop trust by consistent actions!

WWW.CIPR.ORGWWW.CIPR.ORG

romans.baumanis@cipr.orgromans.baumanis@cipr.org