Stop Copy Receives Several Reports of Theft at Decosit
January 5, 2000
Brussels, Belgium – Stop Copy Designs, an international non-profit association formed to prevent copying and take action against design copiers, was busy during Decosit. Because trade fairs are ideal venues for counterfeiters, Stop Copy has stepped up its presence at the fairs. It reported several cases of copying between Decosit exhibitors. Some of the cases were settled on the spot in Brussels, however, others will require more involvement by Stop Copy. Remaining cases involve parties who have chosen to battle in court. Parties who reported counterfeiting to Stop Copy, as well as counterfeiters, received free legal advice at the show. (When a copying claim goes to court, lawyers' fees are charged directly to companies.)
According to Stop Copy President Jef Wintermans, Stop Copy has been very effective. Before Decosit, the association claimed to have settled all claims brought to its attention.
Stop Copy began its operation in the summer of 1999 with financial assistance from the European Commission and the European Anti-Counterfeiting Network (REACT) and with the support of Euratex, the European Textile and Clothing Organization. Its main benefit is that it saves time and money for parties involved in copying claims. Stop Copy's team of legal advisors, technical experts and international lawyers engages the parties in confidential mediation or arbitration procedures in order to settle copying cases before they blossom into court battles. These mediation and arbitration processes are one and six months long, respectively, and are encouraged by the World Intellectual Property Organization (WIPO). ''[Going to] court can ruin relationships for a long time,'' said Wintermans. ''There are always bad feelings.'' Wintermans said that while out-of-court processes can bring a swift end to copying disputes, the involved parties must enter the proceedings in good faith.
''When company A is copying company B,'' said Wintermans, ''members will be told. Members are gentlemanly when they reach an agreement, so they can maintain some relationship. They're competitors, but they're complementary.''
But when the topic is copying, good faith can be hard to come by. Wintermans advises: ''Don't accept a design without a contract.'' However contracts and even so-called ''exclusivity'' agreements can be traps for unsuspecting buyers. The design seller may ''exclusively'' sell the same design to different companies. Some copiers employ a mail-order scheme. When the design arrives, said Wintermans, the counterfeiter sends the pattern to a cheap Asian producer to make it.
''Companies have to protect their designs,'' Wintermans said. ''They have to get them copyrighted or registered.'' He said that most companies fail to do either, but companies hoping to join Stop Copy are required to so that proof of ownership is clear. Stop Copy provides its members with a code of ethics for designers, producers and distributors. It contains a list of prohibited activities, as well as rules which help insulate members from litigation. The organization also provides its members with a confidential black list. When a copying dispute arises among Stop Copy members, the association can vote to suspend the copier with a majority vote or expel him with a two-thirds vote.
After the fair, Stop Copy reported a 30-percent increase in membership. Any company which deals with designs may join Stop Copy as a member for $1,040 per year or, as an associated member for $783 per year. The organization plans to attend Decosit 2000 as well as other fairs which have no copy protection agency in place. F&FI