SPEECH BY THE HON. JOHN DALLI, MINISTER OF FINANCE, AT SEMINAR ON "TRAINING THE CUSTOMS PERSONNEL", ORGANISED BY AUSTRIA TABAC (MALTA)

Training the Customs Personnel on IPR Fraud

The Customs Department has been effecting enforcement measures against Intellectual Property Rights Fraud for quite some time, however, in order to implement more effective measures as well as to meet the requirements of the TRIPS Agreement of the World Trade Organization, of which Malta is a member, the Intellectual Property Rights (Cross-Border Measures) Act, 2000 was prepared by Customs and enacted in February, 2000.

This legislation not only provides for Customs to take action against IPR Fraud but also offers the Holders of IPR with the opportunity to safeguard their interests through active participation by instituting legal proceedings against importers who infringe their rights. One can say that this Act has realized the World Customs Organization's modern concept of developing a partnership between Customs and the Commercial Community towards achieving the common goal of promoting, facilitating and protecting legitimate trade.

In order to make the implementation of the IPR legislation as effective as possible, the Customs Division has embarked on an extensive training programme both locally and abroad, which has included training by experts representing both Customs and holders of Intellectual Property Rights. Needless to say, any offer by IPR holders to train Customs officers in the identification and interception of counterfeit or pirated goods is considered favorably by the Customs Department and the results of all this training and co-operation between Customs and the Commercial community have been forthcoming. Several cases of suspected IPR Fraud have been investigated and where there was sufficient evidence, the IPR holders have instituted the appropriate measures to safeguard their interests.

The training being offered by Philip Morris Products Inc. fits within this programme and helps to educate further Customs personnel in the fight against Intellectual Property Rights Fraud. In this particular case, although the focus is on counterfeit goods marketed as original products of this Company, participation in these sessions will serve to increase even further an awareness of I.P.R. Fraud and the need to combat it for the sake of legitimate trade. May I, therefore, thank Philip Morris Products Inc. for making possible this training opportunity.