What does your job at Unilever involve?
As many people know, I headed up the trademark group for roughly 10 years and moved into my current role in 2005. Today I’m responsible for coordinating a multi-function steering group, which includes the legal; customer development; supply chain management; research and development; communications and public affairs; and safety and environmental groups.
There are relatively few business issues that involve quite so many functions. We’ve got six functions, which is remarkable, but it doesn’t take up 100% of everybody’s time in those roles. But the responsibilities are clear for everyone in those groups. Coordination is critical and it links the legal group to the rest of the business.
What is your background?
My original background is technical. I’d seen IP working from the other side, being a named inventor and being involved in trademarks. I crossed the divide and I thought trademarks was the most dynamic area to work in. At Smith & Nephew I worked a lot on litigation in the medical device area but on joining Unilever, I became more involved in trademarks and never looked back.
In the last five years or more anticounterfeiting has taken on a different dynamic and requires more focus, and required 100% of my time. Counterfeiting is probably the greatest form of unfair competition. Working through INTA, the International Chamber of Commerce—Business Action to Stop Counterfeiting and Piracy (ICC-BASCAP) and Anti-Counterfeiting Group (ACG) in the UK, as well as other brand protection groups, we’ve managed to push anticounterfeiting higher up the public policy agenda. For example, the establishment of the Global Congress on Combating Counterfeiting and Piracy, which is now in its fifth year, is a direct result of that political activity. The idea of an Anticounterfeiting Trade Agreement (ACTA), which is now being negotiated, stems directly from those forums.
Better cooperation is another thing we’ve been able to achieve, though there is still a long way to go. We now need to raise consumer awareness about the social and economic consequences of counterfeiting. The supply side is all well and good but we need also to deal with demand—and raise consumer awareness.
Can you tell us any more about ACTA?
There’s been four negotiating meetings so far, with 35 countries at present and eight observers. There’s at least one country from every continent. We have provided input in the form of business response memos, which are also signed up to by local organizations and alliances.
What nobody outside the negotiations has seen yet is the texts. However, we know they have discussed civil remedies, border measures, the Internet and awareness raising at the consumer level. So they’re covering all the issues that need to be covered. The intention is to set the gold standard. Most of the countries that are taking part have got a framework already established but there will be areas that need to be addressed. The target for agreement was in fact the end of 2008 but that was always going to be ambitious. We have stressed quality over timing as the important thing. It will probably move to some sort of ratification later this year. In the meantime, we’ll keep feeding through to the negotiating meetings.
And you are optimistic the Agreement will benefit trademark owners?
It has received some negative comment in the press. But I think it’s a great initiative and I remain optimistic. I think we should stand behind it and support it. Despite its detractors, it stands for the better good of brand protection.
Is tackling counterfeiting becoming more challenging for brand owners?
Counterfeiters are always finding ways to stay ahead of us—for example, digital copying to produce high-quality packaging makes it very difficult to distinguish counterfeits from the real thing. It’s what goes inside the packaging that the counterfeiters don’t invest in. They can also exploit globalization and free trade by using free ports and free trade routes. There needs to be a balance between free trade and regulation. Innovation and creativity in all its forms are increasingly important in the economy and for that reason we need to make sure the robust points of the IP system can be promoted. And INTA is at the forefront of this issue, as it is for all trademark issues.
Do you think the answer lies in influencing public policy?
It’s critical that you get public engagement and government attention to the issue. The understanding of the economic and social impact was poor until recently. The Organization for Economic Cooperation and Development (OECD) study a couple of years ago was an attempt to quantify the problem and explain it. It is a definitive piece of work and the OECD is the best placed body to write it. You need the evidence to convince governments of the need to do something. The challenge now is to maintain that momentum. It will get worse before it gets better.
Do you think the current economic situation makes things worse?
There’s definitely a threat, and the pressure to seek out discounted and low-value products is enormous. I think there are two distinct groups of buyers of counterfeit goods: those knowingly and those not knowingly buying. The latter is the bigger group. The motivations of the two groups are different. Those that buy counterfeit goods knowingly need to know what the impact is.
Would it ever be possible to eradicate counterfeiting completely?
The challenge is to get the criminal groups to turn to something else to make money. At the moment counterfeiting is low-risk and high-gain. If we can make it high-risk, they may move into other areas to raise money. That’s exactly the strategy that is working in the narcotics trade.
What’s been the most positive development?
The political attention now being paid to the issue has been impressive. We now need to see that turn into lasting and positive action from the authorities, and turn to the demand side. That includes consumers and customers such as retailers, wholesalers and market traders—a lot of awareness raising needs to be done there.
Stressing the dangers of buying on the grey market is one area. It comes back to trusting your supplier, whether you’re a consumer or a retailer. They’re different audiences, but the message is the same. But it’s global, it affects all industries and all products—that’s why international cooperation is so critical. That’s probably the biggest shift that’s happened—it’s moved from being a local to being an international problem.
Some campaigns emphasize the dangers of counterfeits. Is that useful?
It is useful, but it’s a double-edged sword. You have to be careful not to damage brand confidence. That’s a dilemma we face at the moment. It is quite hard. Health and safety is a powerful message but be careful how you use it.
You are INTA President for this year. What are your priorities?
There are four, of equal priority. First, prepare for the launch of the new strategic plan later in the year. Second, build upon previous President Rhonda Steele’s theme of the world looked at from upside down. We will do this by developing the regional councils to ensure we have regional champions among the Association’s officers, to integrate with the committee effort—we now have members in something like 193 countries (more than the UN!). The regions are Latin America; Europe; Asia-Pacific and Africa/Middle East (a region that could ultimately need its own council); and North America.
The third goal is linked to that and is alignment with global and local associations concerned with IP and especially public policy. Governments always listen to consistency of reason so it is important to partner with other private sector groups. Last but not least is the finalization of the ACTA treaty and compliance in as many countries as possible, eventually including China.
Why is alignment with other groups important?
I’ve seen alignment can be very powerful in public policy and people have said how impressive it is when the private sector speaks loudly and with the same voice. We may not always be in agreement with every group, but where we are we should exploit that and make sure governments get a consistent message. For example, BASCAP and INTA are the two leading private sector groups in the Global Congress on Combatting Counterfeiting, but many other groups all over the world are included. So many organizations are involved in the public policy effort, particularly as global issues cascade down regionally and internationally. Law is inherently jurisdictional so you need the help of national groups on the ground level.
Is there anything in particular you’re looking forward to as President this year?
The Annual Meeting in Seattle will be a particular highlight, as I will be chairing the Board meetings—having been on the board for 10 years in total it’s great to have the opportunity to be in the chair. One task I mentioned is the transition to the strategic plan. These only come along once every four years or so, so it’s a great privilege to be President as a new one is launched. It will set the agenda through to 2013, when we’ll have a new one.
What differences will people see from the strategic plan?
It’s at the heart of everything done at the Association. There will be four new general directions and the committee structure and everything that INTA is involved in will relate back to the strategic plan. It will impact every member, I hope very positively. It’s more revolutionary than evolutionary as was directed by the Board last year and will certainly position the Association in an even greater position of strength. Then we’ll have a new one at the end of 2013. There will be more on the strategic plan later in the year.
What are you looking forward to at the Annual Meeting?
The overall theme is corporate and social responsibility and the role brands play in this area. Seattle is a great natural location and a premier business center. We’re honored and excited that Elle Macpherson is going to be delivering the opening speech: she is a brand in her own right, as a successful model, actor and businesswoman, and has very strong ethical business principles that link directly to the theme. It will be as ever an excellent meeting. INTA has been lucky with the weather in Seattle, so I hope we have dry sunny skies for the whole five days.
What do you most like about working in trademarks?
The people really. Everyone involved in trademarks believes passionately in what they do. Trademarks are the ultimate form of universal communication, transcending language and cultural barriers. Put all those facts together and you’ve got a great field to be working in.
What have been the biggest changes you’ve seen in your career?
A lot of progress has been made in harmonizing systems and processes of office practices. Back in the 1980s a global filing program took an unbelievable length of time. That has changed thanks to IT as well as the enhancement of the international registration system through the Madrid Protocol and regional systems based on the CTM system. That’s all stemmed from the harmonization effort we’ve seen.
The systems and processes are much more aligned now. The question for the future is: how do we harmonize enforcement? What do you do with your right when you’ve got it? That may be the focus for the next 20 years. The Internet will become the dominant form of commerce and it is different from traditional trading links so we need to rise to that challenge. But if there is still work to do on harmonizing systems then we should do so.
What do you enjoy doing in your spare time?
My wife and I have two daughters, and the family has two Bernese mountain dogs that I like to take for walks. I play squash in a local league, and I enjoy all kinds of music, as well as hiking and water-skiing when the water is warm enough.