Menu di The fight against counterfeiting
- Counterfeiting and protected rights
- Legislation and practice
- Application For Action - AFA - for the enforcement of intellectual property rights
- Law enforcement: the role of the Customs Agency
- Databases supporting the investigative process
- Competent directorates in the fight against counterfeiting
- Useful Web links
Databases supporting the investigative process
For control and prevention activities, and the fight against counterfeiting, the Agency, back in 2004, set up an automated system called F.A.L.S.T.A.F.F. – Fully Automated Logical System Against Forgery and Fraud (the only operational/legal instrument in Italy officially recognized by the European Union in the activities aimed at protecting legitimate trade), including a database fed by information provided by holders of intellectual property rights, and enabling to compare the products suspected to be counterfeit and declared in customs with original products.
Each holder applying for action protecting his/her intellectual property right creates, in the database, a file in which the product’s relevant technical features can be recorded. Text information can also be combined with images and the “map” of customs routes.
Such information can be consulted by customs officials in real time, so as to find contact details of professional associations and/or bodies certifying the quality of products to be protected, and contact them if needed. The database is complemented by the Customs Control Circuit and allows to define other risk profiles in order to identify, already in the customs declaration, the customs operations at risk of counterfeiting.
This is possible since the Customs Control Circuit analyses, in real time, all export and import declarations submitted in customs and forwards them automatically to the control channels corresponding to the risk profiles based upon the parameters indicated by the companies in their files.
This system has enabled the Agency to meet one of the most important needs in the context of fight against counterfeiting: identifying both the greatest possible number of counterfeited products and the fraud strategies; minimizing timescale for action. Such objectives can be achieved only using electronic tools.
FALSTAFF project was awarded an Honourable merit - pdf (156 KB) during the 2005 eEurope Awards for European innovation (in best e-government initiatives) held in Manchester.
FALSTAFF system was recently provided with new functions aimed at transposing the amendments introduced by Regulation (EU) n. 608/2013 and, in particular, aimed at realizing and application (“system to system”) dialogue with CO.PI.S (anti-COunterfeit and anti PIracy information System) database, developed by the European Commission for the exchange of data between Member States and the Commission on the decisions concerning applications for action and detection of goods.
The Italian Customs Agency’s project “Falstaff for the young”
This initiative aims at informing younger generations on dangers stemming from foodstuffs, on counterfeiting and on risks on purchase, also on-line, of products that do not comply with regulations on food safety and quality.
In cooperation with the main trade associations, this activity is aimed at involving all stakeholders, even those who are not committed in the fight against counterfeiting, in order to improve the awareness of younger consumers through an educational action using modern technologies.
The project was realized creating the FALSOBOOK portal, including reports, subjects of interest for consumers, suggestions from experts … and much more!
The FALSTAFF project team can be contacted at the following address:
CO.PI.S anti-COunterfeit and anti PIracy information System
It is the only EU database, with legal base, including all applications for action submitted and accepted by the customs Administration (in compliance with Reg. 608/2013), all data concerning seizures by European customs authorities and data included in the national FALSTAFF database.
IP Enforcement Portal : the EU portal to enforce intellectual property infringements
In June 2019 the European Observatory on Infringements of Intellectual Property Rights, included in EUIPO (European Union Intellectual Property Office), the competent European office for the registration of trademarks, designs and models valid in all 28 EU Member States that is located in Alicante – launched the new EU platform for all matters related to the protection of intellectual property rights.
The new portal of the European Union is an interactive tool integrating in one secure web-based platform all functionalities of the existing databases such as EDB (Enforcement Data Base), ACIST (Anti-Counterfeiting Intelligence Support Tool) and ACRIS (Anti-Counterfeiting Rapid Intelligence System).
The three databases, that were independent tools, are now three different functionalities included in one portal:
- Exchange of information (EDB)
- Reports on seizures (ACIST)
- Reports on cases in Third Countries (ACRIS).
IP Enforcement Portal allows right holders (and/or their legal representatives) to directly enter data to fill in the application for action for the enforcement of intellectual property rights (Application for Action – AFA) as well as to exchange information with Law Enforcement Authorities of the European Union responsible for protecting and enforcing frauds by offering the possibility to share data on the trafficking of counterfeit products and on suspect cases.
IP Enforcement Portal is directly linked to those databases managing EU trademarks (TMview) and European registered design or model (Designview).
E-Bacchus is the EU database consists of the register of designations of origin and geographical indications protected in the EU in accordance with Regulation (EU) n. 1308/2013 on the common organisation of the markets of agricultural products; lists non-EU countries' geographical indications and names of origin protected in the EU in accordance with bilateral agreements on trade in wine concluded between the EU and the non-EU countries' concerned; it also lists the traditional terms protected in the EU