Implications of Counterfeiting and Piracy for European Competitiveness, Innovation, Economic Growth and Job Losses

Richard Heath, General Trade Mark Counsel, Unilever, United Kingdom

Over the years, counterfeiting has become the greatest threat to established trademarks, and therefore brands, across all industry sectors. In the late ‘80s, it was viewed together, with its big sister piracy, as mainly affecting luxury brands and the entertainment industry. But today it is a global problem touching all industries – anything that can be copied, will be copied – it is as simple as that. The problem is far from new however - as long ago as 1976, fake transistors were found in the US Space Shuttle programme; in 1977 the US FAA discovered fake fire detection systems in the flight decks of a Boeing 737 aircraft; in 1978 heart pumps with fake valves were withdrawn from 266 hospitals across the US and in 1979 Kenya’s coffee crop was decimated after being sprayed with fake Chevron insecticide. Sadly, even counterfeit toys are now regularly making headlines in Europe.

Richard Heath managed intellectual property in-house for almost 25 years. He is currently Managing Director of his own company, Richard Heath (IP) Associates Ltd, a consultancy specialising in IP Public Policy, epecially in Anti-Counterfeiting and Brand Protection. He retired from Unilever in 2010 where his role was Vice President Legal - Global Anti-Counterfeiting Counsel in the Legal Strategy Group at Unilever PLC based in London, United Kingdom, with overall responsibility for anti-counterfeiting initiatives within the business. Prior to this he was Head of Corporate Trade Marks and General Trade Mark Counsel at Unilever from 1996- 2005. He is a Past President (209) of the International Trade Mark Association. He is a Fellow of the UK Institute of Trade Mark Attorneys, a UK Registered Trade Mark Attorney and a Member of The Chartered Institute of Patent Attorneys, again in the United Kingdom. In addition to his position at INTA, he is Senior Policy Advisor to the International Chamber of Commerce Business Action to Stop Counterfeiting & Piracy (ICC/BASCAP), a Council Member and International Committee Chair of the UK Anti-Counterfeiting Group (ACG), a Board Director of the Pharmaceutical Trade Marks Group (PTMG) and a member of the European Community Trade Mark Association (ECTA).

International Intellectual Property Consultants in Brand Protection Public Policy. See www.rdh-ip.eu for more details.