On 29 and 30 October 2024, the Latvian Patent Office (LPO) and the National Customs Board of the State Revenue Service (the National Customs Board) held an annual seminar and a discussion for customs authorities and other responsible institutions on limiting and combatting the spread of counterfeit goods. Both events focused on the latest trends and current problems in the fight against counterfeiting, the ways to improve the current situation, and opportunities for cooperation. Reducing the spread of counterfeit goods in e-commerce and mail consignments was among the most discussed pressing issues.
At the beginning of the seminar “Effective methods of enforcing intellectual property rights 2024”, the participants learned about the goals and activities of the European Observatory on Infringements of Intellectual Property Rights (the Observatory) of the European Union Intellectual Property Office, the main task of which is to promote public trust in and respect for intellectual property (IP). The representative of the Observatory presented the results of the latest survey on the habits of EU citizens regarding the purchase of counterfeit goods, which show that 13% of EU citizens bought fakes intentionally, whereas 37% of young people intentionally bought fakes on online sites, while 21% used websites with illegal content. The representative of the State Police spoke about the Police cooperation with representatives of rights holders in combatting traders of counterfeit goods on the internal market.
Although the majority of counterfeit products are detected in sea shipments, an increased volume of fakes sent in small packages is becoming a pressing issue due to the growing popularity of e-commerce platforms. The local and international experts mentioned some cases when consumers were unaware that the goods they bought on e-commerce platforms were counterfeit and discovered that only having received their purchases. Such cases show that it is essential to cooperate with international organisations to ensure information exchange and promote consumer awareness.
Counterfeit spare car parts and pharmaceuticals are regarded as particularly dangerous for public safety and health. Therefore, the representatives of various brands, including the internationally known Under Armour, Lego, and BMW, as well as the local brands Pranamat Eco and Grindeks, presented some practical tips on how to distinguish original goods from fakes. It is estimated that the majority of counterfeit pharmaceuticals come from China, and about 60% of them are delivered by post. Only 1% of counterfeit pharmaceuticals contain the original active substance. In other cases, there is no active substance at all, or there is an excessive amount of it, or it contains dangerous impurities - heavy metals, poisons, and even floor wax - that cause serious threats to human health and life.
At the end of the seminar, all the participants agreed on the need to continue educational and preventive activities to protect consumers and promote the respect for IP.
On 30 October, the discussion “IP rights enforcement: problems and solutions” took place, where the representatives of law enforcement agencies and IP institutions and organisations spoke about the challenges of and possible solutions for combating the spread of counterfeit items.
Mr. Raimonds Zukuls, the Deputy Director General of the SRS in the Field of Customs/ Director of the National Customs Board notes: “The National Customs Board is currently facing various challenges, the spread of counterfeiting being one of them, and significant resources are allocated to reduce it. We have been cooperating with the LPO for many years, and as new trends appear, it is important to discuss them and plan solutions to current problems.”
Mr. Agris Batalauskis, the LPO’s Director, stresses: “One of our goals is to discuss problem situations together. Before making some changes or taking actions, we must understand what our challenges are. The main thing is to realize which issues need to be worked on and then look for solutions together. We have not given up on the idea of working in the foreseeable future on a national-level policy planning document for the development of the IP rights system. Therefore, it is essential for us to gather the opinions and recommendations from all interested parties.”
The discussion participants addressed the issue of the increased popularity of e-commerce sites and platforms, which are also used by counterfeiters, thus contributing to the spread of counterfeit goods through mail courier services and small parcel shipments. It was discussed whether and how it is possible to take stricter action against maintainers of online shops and platforms and if they are liable for intentionally allowing and supporting the trade in fakes on their platforms, how to control more efficiently small shipments received by consumers, and if they are liable for purchasing counterfeit goods.
The experts were unanimous about the necessity of finding solutions to improve the regulatory framework in order to make the detection of counterfeit goods easier and to provide for more opportunities to take actions against dishonest traders. Similarly, it is necessary to improve the current system of detaining small parcels. Currently, the National Customs Board informs addressees about the detained shipment with a written notice. This requires a lot of administrative resources, prolongs the procedure and creates additional costs for trademark owners for the storage of consignments.
At the end of the discussion, Ms. Liene Vindele, the representative of the Ministry of Justice, informed the participants about the recent legislative developments related to geographical indications for artisanal and industrial products, which make it possible for Latvian artisans and manufacturers to protect the name of a product that has a specific geographical origin and whose characteristics and/or reputation depend on its specific origin. In his turn, Mr. Andris Aleksejevs, the representative of the Riga Judicial Region Prosecution Office, presented the guidelines for law enforcement authorities to provide guidance on IP crimes and the procedures for investigating them effectively.
The seminar “Effective methods of enforcing intellectual property rights” was held for the 9th time. It is organized annually with the support of the European Union Intellectual Property Office.