The managing director of the company behind the renowned Cambrelle brand of comfort footwear linings, Camtex Fabrics, has welcomed the European Parliament’s recent decision to accept the Intellectual Property (IP) Rights Enforcement Directive.  The development means trademark owners will soon have the option of seizing the assets of suspected product counterfeiters in any European country, including the ten that will become part of the Union on May 1 2004.

Kieran O’Hare, managing director of UK-based Camtex Fabrics, said he expected the new Directive to prove effective in helping footwear component manufacturers give their brands greater protection in Europe.

“While the technology to identify counterfeit goods has long been in place, the sanctions against the producers and suppliers of such goods have sadly been lacking in many countries,” commented Mr O’Hare.  “When the Directive becomes law, intellectual property holders, with the approval of a European court, will then be able to freeze bank accounts and seize goods before suspects can mount a defence.  In that the Directive applies as much to the importers of counterfeit products as their manufacturers, we expect it to have a strong deterrent effect throughout the counterfeit supply chain.”

Cambrelle is a trademark, protected in many countries around the world.  Registered as a US trademark in October 1986, the distinctive pique pattern already benefits from the protection of Article Six¹ of the Paris Convention for the Protection of Industrial Property.  This extends US trademark protection to many countries in Europe, South America and Asia.  Despite this, the product has been unlawfully copied by manufacturers on a number of occasions, both in terms of look-alike linings and linings with sound-alike names such as ‘Cambrella.’

Camtex has long since adopted a robust stance on the issue. As recently as early March 2004, the company reached a settlement with the UK footwear importer PFL Import/Export Ltd, whose merchandise had been found to contain fake Cambrelle linings and carry fake Cambrelle hangtags.  Under the terms of the settlement, PFL Import/Export will pay financial damages and cover Camtex Fabrics’ legal costs.

Aimed at harmonising counterfeiting laws across the European Union, the IP Rights Enforcement Directive was passed by the European Parliament on March 9 and is expected to be signed off by European Ministers before the next European elections, in June 2004.  All 15 states that comprise the union will then be obliged to take on board its guidelines over the following two years. According to the EU Commission, counterfeiting and piracy cost the union Eur8 billion a year in lost revenues between 1998 and 2001.

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