WCO launches new IPR-related tools
18th June 2021
The WCO Secretariat recently developed two new intellectual property right (IPR)-related tools: the Training Handbook on Legal and Practical Measures Against Offences Relating to Intellectual Property Rights and the IPR Self-Assessment Tool. They supplement the Model Legislation, the IPR Diagnostic Tool and the Handbook for Customs Officers on Risk Indicators: Factors for Intellectual Property Infringement.
The Training Handbook aims to provide a comprehensive overview of legal and practical measures that can be taken to identify, deal with and stop IPR-related offences at borders.
It comprises four sections covering:
- the legal framework for IPRs and related terminology;
- risk management and targeting in the field of IPRs, with a particular focus on sources of information and intelligence, fraud routes and geographical specializations, and the setting up of a risk management and targeting system that incorporates IPRs;
- measures to be taken to protect IPRs (reviews of declarations and documents, visual inspections of packaging, examinations of goods) and to control the environment at different borders (sea, land and air); and
- cross-cutting issues such as awareness-raising to reduce demand, post-seizure investigations, and environmentally sustainable storage and destruction of seized goods.
The Self-Assessment Tool takes the form of an Excel sheet divided into four sections, each listing a series of questions covering:
- the legal scope of IPRs, application for suspension, the detention of counterfeit goods, de minimis exemptions, inspections, elimination of counterfeit goods (destruction), costs of storage and distribution, penalties, etc.;
- issues relating to risk management and intelligence, including risk analysis criteria, risk assessment, use of information technologies, targeting/selection techniques, use of summary declarations, cooperation with Regional Intelligence Liaison Offices and other Customs administrations, exchange of information, and use of WCO tools;
- ways in which Members can cooperate with the private sector, procedures for maintaining compliance, and information exchange between Customs and the private sector; and
- capacity building for Customs officials and international cooperation, such as cooperation with the private sector and with other Customs administrations.