Business action to stop counterfeiting and piracy

1. BUSINESS ACTION TO
STOP COUNTERFEITING
AND PIRACY (BASCAP)
UPASANA VENKATASUBBAN
LEGAL MANAGER
ESCROWTECH INDIA PRIVATE LIMITED

2. INTRODUCTION
Counterfeiting and piracy impact virtually every product category.
The days when only luxury goods were counterfeited, or when
unauthorized music CDs and movie DVDs were sold only on street
corners are long past. Today, counterfeiters are producing fake
foods and beverages, pharmaceuticals, electronics and electrical
supplies, auto parts and everyday household products. Millions of
fake products are being produced and shipped around the world to
developing and developed markets alike at increasingly alarming
rates.
A disorder of this magnitude undermines economic development, a
sound market economy system and open international trade and
investment. No legitimate business or country is immune to the
impact of counterfeiting and piracy and no single actor can
successfully fight this battle alone, which is why the ICC created the

3. WHAT IS BASCAP?
• BASCAP is an operational platform established by ICC that
connects all business sectors and cuts across all national borders
in the fight against counterfeiting and piracy.
• This global approach is designed to support individual company
and organizational efforts and to vigorously petition local,
national and international officials calling them to action,
mobilizing the commitment of resources towards enforcement,
and pressing for results.
• BASCAP was created to help companies strengthen their
capabilities to deal with the counterfeiting and piracy of products
or brands. It creates a central location for knowledge, data and
other intelligence, generates messages to compel action by
policy-makers, and shares enforcement strategies across sectors.

4. BASCAP’S MISSION
• Connect and mobilize businesses across industries, sectors and
national borders in the fight against counterfeiting and piracy.
• Pool resources and expertise to create greater critical mass than
any single company or sector could do alone.
• Amplify the voice and views of business to governments, public
and media – increasing both awareness and understanding of
counterfeiting and piracy activities and the associated economic
and social harm.
• Compel government action and the allocation of resources
towards strengthened intellectual property rights enforcement.
• Create a culture change to ensure intellectual property is
respected and protected.

5. WHO IS IN BASCAP?
BASCAP is open to businesses of all sizes and from all sectors from
around the world. To date, more than 150 companies and trade
associations have championed the BASCAP initiative either through
their participation in a BASCAP strategy meeting, contributing their
expertise through one of the project working groups, or joining the
Global Leadership Group. Others have been instrumental in public
outreach, sponsoring meetings or contributing funding.
BASCAP member companies comprise a network of multinational
companies that value the protection and enforcement of intellectual
property. Member companies drive the group's agenda, directly
contribute to policy recommendations and work with high-level
experts and government leaders to implement tangible IPR
improvements.

6. • Apple
• Baker & McKenzie
• Bayer
• British American
Tobacco
• Chanel
• Croplife International
• Danone
• Diageo
• HP
• HP Enterprises
• Japan Tobacco
International
• Kering/Gucci
• Maus Freres/Lacoste
• Longchamp
• LVMH
• Merck
• Moncler
• NBC Universal
• Nestlé
• Nike
• Nintendo
• Pfizer
• Philip Morris
International
• Procter & Gamble
• Richemont
• S&P Global
• Shell International
• SKF
• Unilever
• Universal Music
• Western Digital

7. WHY WAS BASCAP FORMED?
Counterfeiting and piracy are spiralling out of control. The drain on
businesses and on the global economy is now significant. It has
resulted in the widespread loss of lawful employment and a massive
reduction of tax revenues. The creative community is robbed of
reward for effort and innovation. The incentive to invest is reduced.
Consumers are increasingly being harmed by unsafe counterfeit
products. All signals also point to linkages with organized crime.
In response to this threat, the ICC has launched BASCAP to connect
all business sectors and cut across national borders in the fight
against counterfeiting and piracy. This global approach is designed
to support individual company and organizational efforts and
amplify business messages with national governments and
intergovernmental organizations.

8. CONSUMER AWARENESS
Research has shown that most consumers are not aware of the serious
risks and harms related from purchasing counterfeit and pirated goods.
BASCAP recognises the need to communicate more aggressively to
consumers that counterfeiting and piracy are not victimless crimes - but
instead threatens the health and safety of the consumers, while the society,
business and governments are being robbed of hundreds of billions in tax
revenues, jobs and income.
Motives vary widely, from price and easy access to social acceptability and
a perception that a counterfeit purchase is a game which falls outside the
law and to which there are no consequences.
Only when consumers appreciate the full repercussions of their counterfeit
purchase can they be expected to stop the practice.
Only when governments fully understand the factors that drive their
constituencies toward illegal activity can they institute programs to educate
and protect consumers – and society – from the dangers of counterfeiting

9. WHAT ARE THE OBJECTIVES OF BASCAP?
• Increase public and political awareness of the economic and social
harm associated with counterfeiting and piracy;
• Create an environment in which intellectual property is respected and
protected; this is an ongoing effort;
• Encourage government action and the allocation of resources to
improved IPR enforcement.

10. HOW WILL BASCAP ACCOMPLISH
THESE OBJECTIVES?
• Connecting ongoing business activities, business strategies and
messages.
• Producing information and products that have value to
corporations and trade associations across sectors.
• Leveraging ongoing and new business initiatives through use of
the ICC network of national committee contacts with national
governments; network of global media relationships; and,
accreditation and relationships with intergovernmental
organizations.

11. CONCLUSION
“The ICC BASCAP initiative is a necessary engagement at a time
when the creation and distribution of intellectual property has
become a key driver of world economic growth. More urgently,
spiralling economic losses extending from the growing theft of
intellectual property compel us to act – now.”
Jean-René Fourtou,
Chairman of the Supervisory Board,
Vivendi and Co-Chair, BASCAP