Event Highlights

The Anti-Counterfeiting Committee Meeting held on 19 November 2024, from 9:00 AM to 12:30 NN, brought together APAA 2024 attendees from various jurisdictions to discuss the latest developments, challenges, and trends in combating counterfeiting. This meeting session served as a platform to exchange insights and explore collaborative solutions to this global issue.

The meeting began with a discussion on recent developments in various jurisdictions. Mr. Carlo Valerio from the Philippines shared updates on the country’s focus on e-commerce, particularly the growing liabilities of e-commerce platforms for hosting counterfeit products. His insights highlighted the increasing importance of regulating online marketplaces to effectively combat the proliferation of counterfeit goods.

A significant portion of the meeting focused on counterfeiting in the Metaverse, an emerging digital universe. Mr. Philip Abraham of India raised concerns about the complexities of enforcing intellectual property rights in this virtual environment. He brought attention to jurisdictional challenges, where stakeholders, including right-holders, counterfeiters, consumers, and platform operators, may be located in different countries. Mr. Abraham also noted that the NICE Classification has become an important consideration in addressing counterfeiting issues in the Metaverse, highlighting the need to adapt intellectual property frameworks to the evolving digital landscape.

Following these updates and concerns, attendees engaged in an in-depth discussion centered around the following key questions:

1. Do current IP laws in each jurisdiction support initiating legal action against a virtual counterfeiter?
2. Will a right holder be able to enforce a real-world right in relation to counterfeiting on the Metaverse?
3. How can courts address the blurred boundaries of jurisdiction, where stakeholders such as right-holders, counterfeiters, users, and platform operators may all reside in different countries?
4. Does the evolving context of trademarks require amendments to the NICE Classification to address virtual goods and services?
5. Have any jurisdictions amended their laws to address the growing concerns of counterfeiting in the Metaverse?

The discussion emphasized the need for intellectual property laws to evolve alongside technological advancements and the critical role of international collaboration in addressing these challenges.

The meeting concluded with a shared understanding of the importance of proactive measures and cooperation to combat counterfeiting effectively, both in physical markets and within emerging digital spaces like the Metaverse.