BUSINESS ACTION TO STOP COUNTERFEITING AND PIRACY (BASCAP)

UPASANA VENKATASUBBANLEGAL MANAGER

ESCROWTECH INDIA PRIVATE LIMITED

INTRODUCTION Counterfeiting and piracy impact virtually every product category. The days when only luxury goods were counterfeited, or when unauthorized music CDs and movie DVDs were sold only on street corners are long past. Today, counterfeiters are producing fake foods and beverages, pharmaceuticals, electronics and electrical supplies, auto parts and everyday household products. Millions of fake products are being produced and shipped around the world to developing and developed markets alike at increasingly alarming rates. A disorder of this magnitude undermines economic development, a sound market economy system and open international trade and investment. No legitimate business or country is immune to the impact of counterfeiting and piracy and no single actor can successfully fight this battle alone, which is why the ICC created the Business Action to Stop Counterfeiting and Piracy (BASCAP).

WHAT IS BASCAP?

• BASCAP is an operational platform established by ICC that connects all business sectors and cuts across all national borders in the fight against counterfeiting and piracy.• This global approach is designed to support individual company and

organizational efforts and to vigorously petition local, national and international officials calling them to action, mobilizing the commitment of resources towards enforcement, and pressing for results.• BASCAP was created to help companies strengthen their capabilities to

deal with the counterfeiting and piracy of products or brands. It creates a central location for knowledge, data and other intelligence, generates messages to compel action by policy-makers, and shares enforcement strategies across sectors.

BASCAP’S MISSION • Connect and mobilize businesses across industries, sectors and

national borders in the fight against counterfeiting and piracy.• Pool resources and expertise to create greater critical mass than

any single company or sector could do alone.• Amplify the voice and views of business to governments, public

and media – increasing both awareness and understanding of counterfeiting and piracy activities and the associated economic and social harm.• Compel government action and the allocation of resources

towards strengthened intellectual property rights enforcement.• Create a culture change to ensure intellectual property is

respected and protected.

WHO IS IN BASCAP?

BASCAP is open to businesses of all sizes and from all sectors from around the world. To date, more than 150 companies and trade associations have championed the BASCAP initiative either through their participation in a BASCAP strategy meeting, contributing their expertise through one of the project working groups, or joining the Global Leadership Group. Others have been instrumental in public outreach, sponsoring meetings or contributing funding.BASCAP member companies comprise a network of multinational companies that value the protection and enforcement of intellectual property. Member companies drive the group's agenda, directly contribute to policy recommendations and work with high-level experts and government leaders to implement tangible IPR improvements.

• Apple• Baker & McKenzie• Bayer• British American

Tobacco• Chanel• Croplife International• Danone• Diageo• HP• HP Enterprises• Japan Tobacco

International• Kering/Gucci• Maus Freres/Lacoste• Longchamp• LVMH• Merck• Moncler• NBC Universal• Nestlé• Nike• Nintendo

• Pfizer• Philip Morris

International• Procter & Gamble• Richemont• S&P Global• Shell International• SKF• Unilever• Universal Music• Western Digital

WHY WAS BASCAP FORMED?

Counterfeiting and piracy are spiralling out of control. The drain on businesses and on the global economy is now significant. It has resulted in the widespread loss of lawful employment and a massive reduction of tax revenues. The creative community is robbed of reward for effort and innovation. The incentive to invest is reduced. Consumers are increasingly being harmed by unsafe counterfeit products. All signals also point to linkages with organized crime.

In response to this threat, the ICC has launched BASCAP to connect all business sectors and cut across national borders in the fight against counterfeiting and piracy. This global approach is designed to support individual company and organizational efforts and amplify business messages with national governments and intergovernmental organizations.

CONSUMER AWARENESS

Research has shown that most consumers are not aware of the serious risks and harms related from purchasing counterfeit and pirated goods. BASCAP recognises the need to communicate more aggressively to consumers that counterfeiting and piracy are not victimless crimes - but instead threatens the health and safety of the consumers, while the society, business and governments are being robbed of hundreds of billions in tax revenues, jobs and income.Motives vary widely, from price and easy access to social acceptability and a perception that a counterfeit purchase is a game which falls outside the law and to which there are no consequences.Only when consumers appreciate the full repercussions of their counterfeit purchase can they be expected to stop the practice.Only when governments fully understand the factors that drive their constituencies toward illegal activity can they institute programs to educate and protect consumers – and society – from the dangers of counterfeiting and piracy.

WHAT ARE THE OBJECTIVES OF BASCAP?

• Increase public and political awareness of the economic and social harm associated with counterfeiting and piracy;• Create an environment in which intellectual property is respected

and protected; this is an ongoing effort;• Encourage government action and the allocation of resources to

improved IPR enforcement.

HOW WILL BASCAP ACCOMPLISH THESE OBJECTIVES?

• Connecting ongoing business activities, business strategies and messages.• Producing information and products that have value to

corporations and trade associations across sectors.• Leveraging ongoing and new business initiatives through use of

the ICC network of national committee contacts with national governments; network of global media relationships; and, accreditation and relationships with intergovernmental organizations.

CONCLUSION

“The ICC BASCAP initiative is a necessary engagement at a time when the creation and distribution of intellectual property has become a key driver of world economic growth. More urgently, spiralling economic losses extending from the growing theft of intellectual property compel us to act – now.”

Jean-René Fourtou, Chairman of the Supervisory Board,

Vivendi and Co-Chair, BASCAP