Welcoming Presentation to the Baltic Region Seminar on Intellectual Property Protection and Enforcement

By Mary Ann Alford,
Chair of the CIPR Executive Policy Committee
and Associate General Counsel, Intellectual Property, Diageo plc

On behalf the corporate and founding members of the Coalition for Intellectual Property Rights, it is my sincere pleasure to welcome you to the Baltic Region Seminar on Intellectual Property Protection and Enforcement.

The imperative for intellectual property protection and enforcement crosses over geographic boundaries and jurisdictional lines.  It affects all sectors of society and all nations around the globe.

It is an issue of concern to both government and of business.  It is a costly issue with enormous financial consequences for consumers, businesses and government.  It is an issue that, although they may not realize it, impacts consumers on a daily basis as they buy illegal and potentially dangerous fake products and counterfeit goods, or simply goods from sources other than they expect. 

It is precisely because intellectual property issues encompass the interests of consumers, business and government, that we are here today as a private and public partnership seeking to advance intellectual property rights in the Baltic States.

I want to thank Zigrids Aumeisters, Director of the Patent and Trademark Office of Latvia, and Rimvydas Naujokas, Director of the State Patent Bureau of Lithuania, for co-sponsoring this seminar with CIPR.  I also want to thank the many government leaders, judicial officials, legislators and regulators from Estonia, Lithuania and Latvia who are here with us for this two-day seminar to exchange ideas, share information and develop a consensus for moving forward.

I also want to thank those of you from Europe, the United States and elsewhere around the world who have traveled and made special efforts to participate in this seminar.  This includes the many representatives of CIPR’s founding, corporate and associate members.

What you see gathered here today is the "trademark" of the Coalition for Intellectual Property Rights.

CIPR’s trademark is public-private partnerships  - the private sector and government leaders working together, not occasionally, but daily to advance intellectual property rights in the Baltic Countries, in the CIS nations and throughout the former Soviet Union.

Here in the Baltics, we start with a solid foundation for achieving our common objectives.

Estonia, Latvia and Lithuania all have strong democracies and growing economies.  Many have referred to the Baltic States as "Europe’s economic tiger" and "the engine room of northern Europe."  The outlook for continued growth and stability in each of the Baltic States is truly bright.

In all three countries, we have governments that are unconditionally committed to full integration into the global economic community.  We have governments that know that increased foreign investment and expanded international trade depend on adhering to international treaties and agreements, and the rule of law.  And, we have governments that understand that protecting intellectual property rights is in their self-interest and their national interest.

All three countries have enacted laws that are fundamentally in line with TRIPS and with the guidelines for accession into the European Union.

But laws alone do not make an effective IPR regime.

The key to protecting intellectual property is fair and effective enforcement, implementation and adjudication of the laws on the books.  It is not enough that a country’s laws comply on paper with international obligations and standards.

The saying:  "Actions Speak Louder Than Words", comes to mind.  The international community and businesses throughout the world are looking for concrete, tangible actions that are proof positive that Latvia, Lithuania and Estonia are serious about protecting and enforcing the lawful rights of brand and trademark owners.

What does it mean when I say:  "Actions Speak Louder than Words?"

• It means effective customs procedures to stop counterfeit goods at the border.

• It means prosecutors and law enforcement officials who make it a priority to pursue and seize suspected counterfeit goods and arrest those who are responsible for peddling fake products.

• It means a willingness to destroy counterfeit goods, once they are in the hands of authorities.

• It means having strong civil and criminal penalties that are imposed on counterfeit importers and producers.

• It means specialized courts and judges that are fully trained and experienced in the particulars of IPR laws.

• It means a judicial system that is committed to the strict application of domestic and international law to protect the rights of legitimate trademark and patent owners against infringers.

• And, it means fully funded and adequately staffed patent and trademark offices, and enforcement agencies, that have the government and political support to execute their authority and responsibilities.

But, government alone does not bear the burden of effective intellectual property rights protection and enforcement.  The private sector also shares major responsibility.

We need to register our trademarks with your patent and trademark offices.  We need to keep a constant vigil on the marketplace for copycat products.  And, once we suspect counterfeiting or infringements, we need to gather as much information as possible and sit down with the PTOs, customs officials and enforcement authorities to forge a common strategy for enforcing the law.

Members of the private sector must aggressively pursue their rights and obligations within the legal and judicial systems against infringers and other unfair competitors.  In doing so, we must work closely with local trademark and patent attorneys and litigators, many of whom are here with us today.  These are the experts who best know and understand the local procedures, laws and customs.

It is because of the critical nexus between the work of government and the efforts of the private sector in protecting and enforcing intellectual property rights that we formed the Coalition for Intellectual Property Rights.    CIPR was founded on the principle that only through effective public-private partnerships will we stem the tide of counterfeits, protect consumers and stop those that infringe on the legal rights of local and international trademark and patent owners.

That’s the primary goal of this seminar — to share information and exchange ideas so that we have a common strategy for advancing intellectual property protection and enforcement in the Baltic countries.

I once again wish to thank the Patent and Trademark Office of Latvia and the Patent Bureau of Lithuania for co-sponsoring this seminar.  Your support and participation not only in this seminar, but also in the formation and growth of CIPR, are truly appreciated.  CIPR benefits greatly from the active involvement of PTOs from throughout the Baltic Countries and other newly independent states. We look forward to continued cooperation and ongoing collaboration with you and your colleagues.

I also want to acknowledge Coca-Cola, Anheuser-Busch and my own company, Diageo, for providing the refreshments for the seminar.

A special thanks goes to the United States Patent and Trademark Office for its generous grant helping underwrite travel costs for this seminar.  Equally important, the USPTO is represented today by its Administrator for External Affairs, and CIPR’s good friend, Robert Stoll, who will be delivering a keynote address.  We have enjoyed an extremely productive relationship with the USPTO and look forward to continuing cooperation on programs like this to advance intellectual property rights reform throughout the region.

Last, but certainly not least, I want to thank our friends from Latvia for welcoming us to your beautiful and scenic country.  Justice Minister Labucka, it is a pleasure to be with you again.  We remember fondly your participation in the CIPR first International Conference last June.  We look forward with great anticipation to your keynote speech today.

Over the course of the next several days, I encourage an honest and open exchange of information and ideas.  I urge us to be creative in exploring solutions to challenges that confront us in the region – to push the boundaries of established thinking on IPR protection and enforcement and find new and better solutions.  And, I invite each and every one of you to seek out members and staff of CIPR with your ideas and suggestions for ways we can advance our mission of forging effective public and private partnerships and bring even greater IPR achievements in the region.

Once again, I welcome you to this Baltic Region Seminar on the Intellectual Property Protection and Enforcement and thank you for your participation.