The Brazil We Want

Our work in this area is intense and involves several projects. In partnership with the National Forum Against Piracy and Illegality (FNCP), we coordinate the Movement in Defense of the Legal Market, which brings together 70 entities from business sectors and the government in the fight against smuggling, counterfeiting and adulteration of products, and in the defense of companies' intellectual property.

We believe that legal market defense is an essential condition for the development of Brazil.

New Piracy Counselors set agenda for the year

The National Council for Combating Piracy and Intellectual Property Offenses (CNCP) met on Wednesday (27) to resume the work of the collegiate. 

 

The National Council for Combating Piracy and Intellectual Property Offenses (CNCP) met on Wednesday (27) to resume the work of the collegiate. Secretary Luciano Timm, who is in charge of the National Consumer Secretariat of the Ministry of Justice and Public Security (Senacon), sworn in the new advisory and collaborating members of the Council for the 2019/2021 management, including government agencies and the private sector. , who directly suffer the impacts of piracy, smuggling and embezzlement.

On the occasion, a brief presentation was made of the work already carried out by the Special Commissions in progress, the issues involving technical contributions and suggestions from several members of the Council. There were still the approval of the Creation of the Special Cigarette Commission, which will have the rapporteurship divided among the Members: National Forum against Piracy and Illegality, represented by Edson Vismona, who is president of the Brazilian Institute of Ethical Competition - ETCO, and Newton Vieira, from Brand Protection Group. The Special Commissions in progress are: E-Commerce, Online Advertising and Payment Methods and Hardware.

The meeting allowed the exchange and exhibition of successful experiences, as well as the forwarding of concrete and strategic actions to combat piracy in the country and the discussion on the sale of products originating from crime on digital platforms. Edson Vismona presented the panorama of piracy in Brazil and the efforts aligned with the Ministry of Foreign Affairs for actions within the scope of Mercosur and OECD.

CNCP's entry into the Collaborators Panel of the Secretariat of Integrated Operations of the Ministry of Justice and Public Security - SEOPI was announced, with the objective of assisting the approach with Public Security agents in the formatting of operations to combat piracy and crimes correlates. The Collaborative Panel also joins the Special Advisory on Legislative Affairs of the Ministry of Justice and Public Security - AEAL, aiming to assist in the follow-up of legislative proposals related to the themes of combating piracy and crimes against intellectual property.

In addition to the debates, the Council endorsed the dates for the 2019 regular meetings and some points for changing its bylaws. Another topic addressed was the calendar of the National Piracy Combat Award, scheduled for the second half of this year.

About the Council

CNCP is a collegiate and advisory body, part of the basic structure of the Ministry of Justice and Public Security. Its purpose is to prepare guidelines for the formulation and proposition of the National Plan to Combat Piracy, and the tax evasion resulting from it, in addition to crimes against intellectual property. It is composed of representatives from different public bodies and sectors of civil society.

Source: Ministry of Justice

In an event of Exame magazine, sponsored by ETCO, experts and authorities talk about illegal practices that harm the country.

At a time when Brazil is debating the complexity of its tax system, the damage caused by the so-called “gray economy” (piracy and other illegal practices) is impressive: every year, 15 sectors lose more than 100 billion reais and the government loses almost 50 billion reais in evaded taxes.

Read the full article and watch the videos produced by Revista Exame, during the Exame Forum - Combating illegality

Piracy attacks consumer and breaks record

Source: Jornal de Brasília (07/05/2018)

Tax fraud is expected to reach R $ 165 billion in 2018. Poor product quality increases losses. Few are punished.

by Jéssica Antunes
jessica.antunes@grupojbr.com

Whether on the stands of the fairs or on store shelves, pirated products gain space in the Federal District. They are counterfeit and smuggled items, which evade taxes and grow without producers, brands and inspection. The Brazilian Association to Combat Counterfeiting (ABCF) estimates that R $ 145 billion in taxes ceased to be collected in Brazil in 2017. It is expected to reach R $ 165 billion this year. Punishment is mild, and recidivism is high. In the capital, the police try to nip the evil in the bud.

The crime of piracy can be classified into two criminal types: violation of copyright or trademark. The first, if there is commercialization, has a penalty of two to four years in prison, but is subject to bail. The second provides for up to one year in prison, and the penalty is usually converted to service provision. According to the Public Security Secretariat, this year there were 22 occurrences related to the two crimes involving the pirate market, with 43 people arrested, according to a preliminary survey by the Civil Police.

The investigation and prosecution of these cases are the responsibility of the Police to Combat Crimes Against Immaterial Property (DCPim). Chief Marcelo Portela says that this type of activity may be related to other crimes, such as bribery of public officials and drug trafficking, for example. Combat is usually done in large operations. “Due to the lack of effectiveness, the actions have to be more certain, detailed and detailed. If there is little ammunition, the shot must be accurate ”.

Most criminals respond in freedom. At the Federal Court of Justice (TJDFT), 179 cases related to intellectual property have been opened since 2016. During the period, 620 were processed and 257 were judged. This year, there have been 21 trials, 171 proceedings and 18 distributions. Most, in all cases and years, refer to copyright infringement.

Historical apprehension

On March 20, the Civil Police made the biggest seizure of pirated CDs and DVDs in the history of the Federal District and dismantled a clandestine factory for mass production of pirated media. Operation Perfídia started at the Imported Fair in Taguatinga and reached a clandestine factory in Itapoã. 30 thousand media, printers, computers and recording towers were seized. At city fairs, backpackers would get up early and line up for supplies.

A woman was caught in the act, but released on bail. According to police officer Portela, she worked with her partner: “They are old people known as distributors. Together, they were arrested 17 times. This time we took the production laboratory ”. According to him, there is the challenge of making operations painful for criminals, "but it is very difficult to stop if it reaches the Judiciary and the person is released".

Sale goes beyond fairs and reaches stores

Counterfeits are produced especially in the Metropolitan Region, but sales take place in broad daylight in illegal and formal businesses in the capital. The concentration is higher in places with high customer movement, such as fairs. Taguatinga has drawn the attention of the police for the marketing of counterfeit or pirated products. A month ago, three regular stores near Feira dos Goianos were booked, and three people caught in the act selling pajamas with Disney designs prints without authorization - considered a violation of trademark rights.

“A self-respecting businessman does not open the door to sell pirated or smuggled goods. I feel obliged to say that this is not a businessman, he is a criminal ”, shoots the president of the Commercial Association of DF, Cléber Pires. He says he has no knowledge of marketing these products in legal establishments and asks that complaints be made. “All piracy immediately affects the local economy. In addition to an affront to society, it causes loss of revenue, job creation, in the production chain ”, he says.

From the point of view of legality, trade and the economy are directly affected. For Adelmir Santana, president of the Federation of Trade in Goods, Services and Tourism (Fecomércio), it is necessary to stimulate customer education. “Often, consumers focus only on costs. But these products are beyond the control of the State, do not pay taxes and the difference is very large. In addition to health risk, the person strengthens the piracy market ”, he says.

Cigarettes on top of smuggling and embezzlement

and ammunition cross the Brazilian borders illegally for smuggling and embezzlement. The estimate is that the illegal trade generates R $ 130 billion in losses to the Brazilian productive sectors annually, but the confrontation comes up against the feeling of impunity and restricted police action due to low personnel.

In Brazil and the DF, Paraguayan cigarettes have a higher volume in smuggling seizures. In the capital, products usually arrive on the roads to the Metropolitan Region, from where the products are distributed. According to the head of DCPim, sales in commercial establishments in the capital are veiled. Last October, a deposit with approximately 15 packs of smuggled cigarettes from Paraguay was found in Ceilandia.

According to the Federal Highway Police, there were more than five thousand items of clothing, one hundred units of cosmetics, 15 boxes of medicines and more than three thousand others not cataloged seized on the federal highways that cut the DF and Entorno in 2017, framed in the two criminal types .

Since 2014, smuggling and embezzlement crimes have been distinguished by Brazilian law. The first consists of importing and exporting prohibited products and is punishable by two to five years in prison. The other deals with the non-payment of taxes for the entry or exit of products, as in the case of buying electronics on international trips, with a maximum penalty of four years. Generally, both are practiced at the same time.

Low feather

Luciano Godoy, lawyer and professor at the Getúlio Vargas Foundation (FGV), points out that smugglers do not feel cornered by the possibility of punishment. “As the sentences are very low, most people do not even serve in a closed regime”, he says. General Secretary of the Association of Federal Judges (Ajufe), Fernando Mendes believes that there are not yet “enough tools to combat macro-crime, and the judicial model contributes to the inefficiency of the result”.

President of the Brazilian Institute of Ethics in Competition (Etco) and of the National Forum Against Piracy and Illegality (FNCP), Edson Vismona does not consider it fair that traders have to pay all fees and compete with those who do not do the same. "It is disloyal," he says.

Explore

- The smuggled products seized by the Civil Police of the Federal District are passed on to the Federal Revenue Service; counterfeits are available to the courts.
- Those who buy pirated products do not commit crime, but they can face problems. Toys may contain small or loose parts, causing risk to children.
- Anabolics, cosmetics and alcoholic beverages can have harmful components to health. Shoes are of low quality and can cause damage to the spine and knee. Electronics can even explode.
- For a week, Jornal de Brasília asked the Federal Police and the Federal Highway Police for amounts of seizures, but did not receive a return until the closing of this issue. The TJDFT also did not report on the proceedings initiated and the sentences passed.

Tips

- When buying a product, observe the packaging. The counterfeit is never exactly the same as the original.
- Be wary if the advertised price is far below that found in other stores or websites.
- Observe the place where the product is sold, because there are brands sold only by accredited stores.
- Always ask for invoice and guarantee of return and exchange

 

To access the article in the Jornal de Brasília, please click here

 

E-commerce and major brands united in the fight against piracy

Brasilia, 27 / 4 / 18- The Ministry of Justice, through the National Council to Combat Piracy (CNCP), met for the first time in Brasília, last Tuesday (24/04), representatives of the main electronic commerce platforms in the country and the holders of big brands, which are the biggest victims of illegal internet commerce.

The purpose of the meeting was to discuss mechanisms and measures to curb the sale of pirated products in the country. "The intention is to jointly define ways to stop the growth in the sale of pirated products digitally," explained the president of the CNCP, Claudenir Brito Pereira.

The sale of counterfeit products on the internet harms not only the rights holders of trademarks but also the State, which needs to mobilize means to curb illegal practice; sales platforms, due to the risk of credibility in enabling illegal sales; and, mainly, consumers, who purchase inferior products and without the necessary guarantees.

From the perspective of consumer protection, the National Consumer Secretariat, represented by the substitute secretary, Ana Carolina Caram, also participated in the meeting. "Education is essential for consumers to become aware of the health and safety risks that pirated products can cause to those who purchase them," warned Ana Carolina.

During the meeting, more effective methods of promoting the reduction of harmful effects of illegal products sold on the Internet were discussed. The representatives of the digital platforms, in turn, exposed their way of acting, explaining how they protect intellectual property and how they deal with the issue of pirated products.

At the end of the meeting, the representatives of the digital platforms pledged to work together with the Ministry of Justice, in order to conclude an agreement with the CNCP in which criteria and actions to reduce illegal activities in electronic commerce will be defined.

Source: Ministry of Justice - 04/05/2018

OAB / RJ promotes event on the National Day to Combat Piracy

On December 04th, the OAB / RJ Commission on Industrial Law and Piracy, chaired by lawyer Paulo Parente Marques Mendes, promotes the seminar "Is it possible to stop piracy?" in celebration of the National Day to Combat Piracy, day 3.

The date is celebrated 12 years ago and is a way to raise awareness and warn about the dangers of buying and consuming counterfeit products.

According to the president of CPIP, the event, held for the second year at the headquarters of the OAB in Rio de Janeiro, is a way of bringing together specialists from different areas to question the feasibility and solutions to end the practice in all sectors. "The commission wants to question the behavior of society and encourage consumers to adhere to the habit of buying the original product", he highlights.

In 2016 alone, the illegal market moved 130 billion reais, according to data from the National Forum to Combat Piracy and Illegality (FNCP). The reasons for the free commercialization of these products vary, but Parente warns that the low price, the biggest attraction, is also one of the main risks for the consumer. “With the trade in these goods, everyone loses. The State loses, the country loses, the entrepreneur loses and society loses too, since in this way the State fails to collect wealth, reducing the collection of taxes and, with that, the amount of jobs generated ”, he warns. In addition to the impact on the economy, consumers may be putting their own health at risk, since counterfeit products do not pass the technical quality certifications required for use by the general population. Cigarettes, watches, bags, pharmaceuticals, automotive parts and eyewear are among the most smuggled products.

Luiz Otávio Pimentel, president of the National Institute of Intellectual Property (INPI), will also participate in the debate panels; Edson Vismona, president of  (ETCO) and the National Forum Against Piracy and Illegality; Sydney Sanches, chairman of the Copyright, Immaterial and Entertainment Commission of OAB / RJ; Deborah Portilho, president of the Fashion Law Commission - CDMO of OAB / RJ and Felipe Santa Cruz, president of OAB / RJ, among other specialized institutions. A symbolic destruction of counterfeit goods will end the program.

Complete schedule: http://www.oabrj.org.br/evento/20312-pirataria-palestra
Date: December 4, from 8:30 am to 13:30 pm
Location: OAB / RJ - Avenida Marechal Câmara, 150, 4th floor - Plenary Evandro Lins e Silva

Trade Federation of Mato Grosso launches campaign against piracy

Edson Vismona in a lecture at Fecomercio, where he spoke about the importance of integrated action by productive entities and the public authorities.
Edson Vismona in a lecture at the launch of the Fecomercio-MT campaign against piracy, where he spoke about the importance of integrated action by productive entities and the public authorities.

The President of the Federation of Commerce of Goods, Services and Tourism of the State of Mato Grosso (Fecomércio-MT), Hermes Martins da Cunha, launched this Wednesday (20/09), in Brasilia, a national campaign against the trade of products counterfeit and smuggled. The initiative is supported by the National Confederation of Trade in Goods, Services and Tourism (CNC), with the participation of the National Network of Legislative Advisors (Renalegis), and the partnership of several national entities and bodies.

The main publicity piece of the campaign is the Primer Against Piracy and Smuggling - in Favor of Legal Trade. According to Hermes Cunha, the objective is to protect legal enterprises against the disorder caused by smuggling and piracy.

“The most obvious damage is taking revenue from municipalities, states and the Union, financial resources that could be used for health, education and security. We are convinced that, with this work, we can leverage more resources and mitigate losses to the legal economy. ”

For the manager, when illegal trade is inhibited, companies will be better able to leverage their revenue and, growing, increase the supply of jobs and pay more taxes. “In fact, when governments realize that there is more tax collection, they will even be able to reduce the tax burden. Everyone wins. ”

The president of Fecomércio-MT considered CNC's support to the campaign very important. In his view, this will provide fundamental support for its multiplication by other states.

ETCO and Forum Against Piracy

The president of the National Forum against Piracy and Illegality (FNCP) and of the Brazilian Institute of Ethics in Competition (ETCO), Edson Vismona, said that both civil associations, which bring together business entities focused on combating illegality and tax evasion, gave broad support for the campaign. "Without ethics and defense of the law, the country will not develop", he sentenced.

He emphasized the analyzes of the president of Fecomércio-MT saying that illegal products harm the consumer in various ways, in addition to the public purse and legalized traders. And he drew attention to the campaign The Brazil we want, supported by ETCO against smuggling, "an evil that robs the market of national companies, fuels organized crime and bleeds public coffers".

Participants

The act of launching the campaign was carried out during breakfast at the Senac Federal School Restaurant. Two vice-presidents of CNC participated: federal deputy Laércio Oliveira, president of Fecomércio-SE, and Adelmir Santana, president of Fecomércio-DF. Also present at the event were the senators of Mato Grosso Wellington Fagundes (PR), José Medeiros (PODE) and Cidinho Santos (PR).

Partners

The entities and public bodies that are partners of the campaign are, in addition to ETCO and FNCP, the Federal Highway Police, the state section of the Brazilian Bar Association (OAB-MT), Procon-MT, the State Audit Court, the Mato Association of the Municipalities, the Secretariat of Finance and the State Control Network.

ETCO supports the launch of the Parliamentary Front for the Defense of Intellectual Property

Defense of Intellectual PropertyThe Mixed Parliamentary Front in Defense of Intellectual Property and Combating Piracy will be installed in the Chamber of Deputies on March 8. Congressman Fernando Francischini (SD-PR) will be the front president and will open the launch event. Vice-presidents Sandro Alex (PSD-PR) and Eros Biondini (PROS-MG), the presidents of the Brazilian Intellectual Property Association (ABPI), Maria Carmen de Souza Brito; Edson Vismona, from the Brazilian Institute of Ethics in Competition (ETCO), and the director general of the Motion Picture Association - Latin America, Ricardo Castanheira, will also speak at the event.

In all, 37 sector entities support the initiative. During the installation of the front, the sectorial entities will launch a new digital platform to foster innovation - CriAtivaRede. With a presence on Facebook, Instagram and Twitter, the network has the mission of spreading the importance of intellectual property to the general public, addressing issues that involve the entire creative industry in the country. In its beta version, CriAtivaRede has already reached 25 thousand followers.

The front will start work with a defined legislative agenda, which contains a list of the first 12 projects to be closely monitored by the group.

FPM legislative agenda

From the audiovisual sector, they support the front:

ABRAPLEX - Brazilian Association of Cinematographic Exhibiting Companies Multiplex Operators

ABTA - Brazilian Pay-TV Association

ALIANZA - Alianza against Piratería de Televisión Paga

APRO - Brazilian Association for the Production of Audiovisual Works

BRAVI - Brasil Independent Audiovisual

DBCA - Brazilian Cinema and Audiovisual Directors

MPA - Motion Picture Association - Latin America

SICAV - Union of the Audiovisual Industry

TAP - Television Association of Programmers

UBV & G - Brazilian Video and Games Union

The creation of the parliamentary front has the support of other entities, associations and companies:

ABAPI - Brazilian Association of Industrial Property Agents

ABDR - Brazilian Association of Reprographic Law

ABES - Brazilian Association of Software Companies

ABIFUMO - Brazilian Tobacco Industry Association

ABIHPEC - Brazilian Association of the Personal Hygiene, Perfumery and Cosmetics Industry

ABIT - Brazilian Association of the Textile and Clothing Industry

ABIVIDRO - Brazilian Technical Association of Automatic Glass Industries

ABPD - Brazilian Association of Record Producers

ABPI - Brazilian Association of Intellectual Property

ABRAL - Brazilian Licensing Association

AgroBio - Association of Biotechnology Companies in Agriculture and Agribusiness

ÁPICE - Association for Sports Industry and Trade

Bayer

BPG - Brand Protection Group

BRASSCOM - Brazilian Association of Information and Communication Technology Companies

CBL - Brazilian Book Chamber

CNF - National Confederation of Financial Institutions

CNI - National Confederation of Industry

ETCO - Brazilian Institute of Competitive Ethics

FNCP - National Forum Against Piracy and Illegality

GS1 Brasil - Brazilian Automation Association

Brazil Legal Institute

Intellectual Capital Institute

Open Word Institute

SYNGENTA

UBC - Brazilian Union of Composers

UBEM - Brazilian Union of Music Publishers