ICC’s Business Action to Stop Counterfeiting and Piracy (BASCAP) initiative is deeply concerned by these currently growing levels of product counterfeiting and copyright piracy. The scale and gravity of the threat posed by this illicit merits the attention of policy-makers at the highest level of government.
While some countries have solid IPR regimes in place and have taken steps to strengthen IPR enforcement, there is still much that can be done. To this end, ICC/BASCAP has developed a set of “25 Best Practices for IPR Enforcement” (or BASCAP 25), to provide a set of common elements that should be included in an effective IPR enforcement regime. It is designed to help governments raise the bar in addressing the global challenge of counterfeiting and piracy by providing a basic “check list” that can be used to evaluate if necessary regulations are in place to tackle issues that have historically undermined effective IPR enforcement.
The best practices delineated in the BASCAP 25 are drawn from an analysis of the essential elements of an effective and functioning IPR enforcement regime, and they include lessons learned from BASCAP’s publication of recommendations tailored for Russia, Ukraine, Turkey, India and Kenya – all of which called for stronger and improved enforcement of IPRs. Moreover, the best practices feature a number of recommendations governments can take to mitigate the abuse of Free Trade Zones (FTZs), utilize Proceeds of Crime (POC) legislation as a tool to combat IP crime and strengthen the resiliency of supply chain intermediaries to guard against the infiltration of fake and pirated products.