News & Positions - February 2014

Members of the European Parliament support European creativity

In a decisive vote on 25 February, the European Parliament has called for the enhanced protection of European industry, creators, competitiveness and consumers by agreeing on amendments to the draft Trade Mark Package that clarify the right for customs to control fake goods in transit. Rather than allowing the EU to become the counterfeiters hub of choice, MEPs have understood the necessity for our customs to have this ability, an essential pillar of both intellectual property and consumer protection. The AIM Anti-Counterfeiting and Trade Mark Committees will continue to engage actively not only with the Parliament but also the Member States and the Commission in the next steps of this important dossier and we will report more fully on the entire plenary vote shortly. In the meantime, we state our sincere gratitude to the European Parliament. Please see the press release below welcoming the vote, which AIM has co-signed with many of our sister organisations.


The undersigned organisations representing thousands of companies across all industry lines and sectors welcome today’s vote by the European Parliament of robust measures to fight the transit of trademark counterfeit goods in the EU as part of a wider review of the European Union trademark legislation.

Trademark counterfeiting is a global, pervasive and serious hindrance to growth and jobs, and often a threat to citizen health and safety. The capacity of European customs to act is essential in this fight against the trade of counterfeits.

Since the Philips/Nokia Ruling (C‑446 and 495/09) in 2011, under EU law, European customs can check counterfeit goods transiting through the EU but can only stop them if there is a risk of these goods entering into the Single Market. This means in practice that customs are powerless against counterfeit goods on route to a third country, and must let them go, at the risk of these goods being illegally diverted back into the EU.

The new provisions adopted today will allow customs to stop trademark counterfeit goods even if destined to a country outside the EU and will not affect the trade of legitimate goods under the EU’s WTO international obligations. Likewise, these provisions ensure that genuine generic medicines will reach their final destination.

Trademark-intensive industries account for 21% of all direct jobs in the EU and for 34% of the EU GDP. The global trade of counterfeits has been growing exponentially and the lack of adequate rules at EU level has exacerbated the problem affecting companies, governments and citizens across Europe. Indeed, the 2012 detention statistics from EU customs have shown an unprecedented and extremely worrying fall by 65% on the year before. Without robust rules to stem the tide, the risk of the EU being a hub for the trade of counterfeits is real.

We salute this vote and the political courage of MEPs Marielle Gallo and Bernhard Rapkay who sponsored the transit provisions which were adopted today. With this vote, the European Parliament signals that it is serious about stopping trademark counterfeits to protect consumers everywhere and that the EU should show leadership in the global fight against counterfeiting.

List of signatory organisations

ACG – The Anti-Counterfeiting Group

Chrissie Florczyk, Director-General, +44 (0)1494 449 165

AIM – European Brands Association

Marie Pattullo, Senior Brand Protection Manager, + 32 2 736 0305

American Chamber of Commerce to the EU (AmChamEU)

Anna McNally, Communication Director, + 32 2 289 10 16

APM – German Anti-Counterfeiting Association

Philipp Hanske, Public and Legal Affairs, +49 (0)30 20308 2719


Clotilde Piednöel, President

EFPIA – European Federation of Pharmaceutical Industry

Elise Melon, Manager Intellectual Property & Trade, +32 2 626 2552

EGA – European Generics Medecines Association

Lidia Mallo, Government Affairs & IP Advisor, +34 607688844

EURATEX – European Apparel and Textile Confederation

Stéphanie Le Berre

FESI – Federation of the European Sporting Goods Industry

Raluca Giurgiu, +32 2 762 86 48

ICC BASCAP – Business Action to Stop Counterfeiting and Piracy (BASCAP)

Alexandra Iliopoulou, Policy and Legal Adviser, +32 489 970 143


Claudio Bergonzi, Secretary General, +390276014174

INTA – International Trademark Association

Milesh Gordhandas, Coordinator – Europe Representative Office/, +32 2 880 3721

Jean-Claude Darné, Coordinator – Communications, +1 212 642 1771

Markenverband e.V.. – The German Brands Association

Dr. Alexander Dröge, +49 30 206 168 40


Tove Graulund, +44 116 274 7355


Delphine Sarfati-Sobreira, General Director, +33 1 5626 1414