Standard Summary Project Fiche – IPA centralised and decentralised National programmes

1  Identification

Project Title / Border Enforcement of Intellectual Property Rights (IPR)
CRIS Decision number / 2012 / 023-405
Project no. / TR2012/0329.06-08/ TR 12 IB JH 05 TWL
MIPD Sector Code
The numbering is for the sake of EU statistics and does not need to correspond with the numbering in the beneficiary MIPD / 1. Justice, Home Affairs and Fundamental Rights
Total cost
(VAT excluded)[1] / € 250.000
EU contribution / € 237.500
EU Delegation in charge/Responsible Unit / Republic of Turkey Ministry of Customs and Trade (Turkish Customs Administration-TCA)
DG for Customs
Contracting Authority / The CFCU will be Implementing Agency and will be responsible for all procedural aspects of the tendering process, contracting matters and financial management, including payment of project activities. The director of the CFCU will act as Programme Authorizing Officer (PAO) of the project.
Ms. Emine DOGER (Acting PAO-CFCU Director)
Central Finance and Contracting Unit
Tel: +90 312 295 49 00
Fax: +90 312 286 70 72
E-mail:
Address: EskişehirYolu 4.Km. 2.Street. (HalkbankKampüsü) No: 63 C-Blok 06580 Söğütözü/Ankara Türkiye
Management mode / Decentralised
Implementing modality / Stand-alone project
Project implementation type / Twinning Light
Implementation management/Senior Programme Officer / Mustafa GÜMÜŞ (SPO Delegate)
Önder GÖÇMEN (PL)
Head of Department
Address: Republic of Turkey Ministry of Customs and Trade, Dumlupınar Bulvarı No: 151 Eskisehir Yolu 9. Km.06530 /ANKARA
Telephone: +90 312 449 32 40
Fax: +90 312 449 31 01
E-Mail:
Zone benefiting from the action(s) / Turkey

2  Rationale

2.1  Project context: issues to be tackled and needs addressed

The TCA has been making the utmost effort to prevent counterfeiting and piracy by monitoring and adapting relevant international and EU legislation, organizing seminars and training programs for customs officers and taking necessary actions against this unlawful activity.

With the amendments to the Turkish Customs Law No. 4458 and its Implementing Provisions in October 2009, the articles pertaining to Customs enforcement in IPR have been, to the greatest extent, harmonized with that of the EU Regulations 1383/2003 and 1891/2004, which are replaced by the recent EU Regulation 608/2013. As a result, there is a need of analysis of legislation and implementation differences between EU and Turkish Customs legislation in regard of border enforcement of IPR.

2.2  Link with MIPD and National Sector Strategies

Under the Customs Union Sector of the MIPD for 2011-2013, “protection and enforcement of intellectual property rights” is laid down as one of the main sector priorities. In parallel with that priority, in the section of the indicative project pipeline it is foreseen to propose a project “for the enforcement of intellectual property rights in customs”.

On the other hand, under the Section 7.1 of the NPD titled “Enhancing the Competitive Capacity”, the article 381 emphasizes the communication and awareness activities regarding IPRs which this Twinning Light Project will address.

2.3  Link with Accession Partnership (AP) / European Partnership (EP) / Stabilisation and Association Agreement (SAA) / Annual Progress Report

The chapter 7 of AP Document reads as follows:

“- improve the capacity of police, customs and the judiciary to enforce intellectual property rights, including strengthening coordination between these bodies,

- address, in particular, the counterfeiting of trademarks and piracy.”

In the 2014 Progress Report under Chapter 7 it is mentioned that regarding IPR enforcement at customs, the system of online applications functioned smoothly and the number of seizure applications increased slightly. Moreover it is stated that cooperation with rights holders remained satisfactory and in-house training has been organized to increase enforcement capacity and raise awareness among customs officers. However it is also mentioned that customs enforcement capacity needs to be further strengthened in particular in ex officio inspections and destructions under the simplified procedures. Besides, in the 2014 Progress report it is pointed that IPR customs legislation needs to be further aligned with the acquis and that there is a need for more effective awareness-raising of the importance of appropriate IPR protection.

2.4  Problem Analysis

In terms of border protection of IPR implementation differences of IPR customs legislation, further alignment with acquis and the low level of awareness of both customs staff may lead to weakness in IPR enforcement. It is aimed to address these problems with this project.

2.5  Linked activities and donor coordination

With the amendments to the Turkish Customs Law No. 4458 and its Implementing Provisions, the articles pertaining to Customs enforcement in IPRs have been, to the greatest extent, harmonized with that of the EU Regulations 1383/2003 and 1891/2004, which are replaced by the recent EU Regulation 608/2013.

For more than five years, the TCA has been providing training programs on IPRs for newly recruited customs officers, in particular for customs inspectors and enforcement officers. Experts from other relevant public institutions such as the Turkish Patent Institute, the Ministry of Justice and the Ministry of Culture and Tourism participate in these training programs as lecturers. Experts from Trade Chambers also inform customs officers on geographical indications and demonstrate the patterns of goods that infringe IPR.

Besides, a handbook, which illustrates a number of examples regarding the implementation of the legislation on IPR has been produced to assist and guide customs officers.

Several workshops/seminars were organized by the representatives of right holder companies with the Regional Customs Directorates to improve the ability of customs officers to make distinction between original goods and the fakes. They were aimed at informing the right holders and the economic operators regarding the importance of IPR, their rights in the customs and the enforcement measures for border protection of IPR

In accordance with the National Programme, the TCA developed a centralized computer database system in 2009, in an effort to deal with the applications filled out by the right- holders for the protection of IPR and help customs officers fight effectively against counterfeit and pirated goods.

In addition, right holders have the ability to apply electronically to TCA with their e-signatures. On receiving an application for action, TCA processes these applications through the central system and notifies the applicants of its decision via e-mail.

2.6  Lessons learned

TCA participated to various projects of other IPR public stakeholders such as;

-The Twinning Project of Turkish National Police “Support to Turkish Police in Enforcement of Intellectual and Industrial Property Rights

-The Twinning Project of Turkish Patent Institute “Supporting Turkey for Enhancing Implementation and Enforcement of Industrial Property Rights

-The Twinning Project of Turkish Ministry of Culture and Tourism “Support to Turkey's Efforts in the Full Alignment and Enforcement in the Field of Intellectual Property Rights with a Focus on Fight Against Piracy”

The abovementioned projects proved that the involvement of all the IPR related national government agencies to the activities of the projects is crucial. The common activities performed together with those national bodies formed a strong network between government agencies. The projects have given the opportunity to have an effective IPR dialogue between public bodies.

3  Description

3.1  Overall objective of the project

The overall objective of the project is to establish a modernized and effective system of border protection regarding IPRin a way to ensure operational control throughout Turkish Customs territory.

3.2  Specific objective(s) of the project

Project’s purpose is to increase the legal and administrative capacity of Turkish Customs Administration in line with the EU norms and standards for proper and effective implementation of the EU Regulation 608/2013.

3.3  Results

1-  Decreasing in differences between EU and Turkish Customs legislation and implementation in regard of border enforcement of IPR.

2-  Increasing awareness among customs officers dealing with IPR issues.

3.4  Main activities

Activity 1: To review the existing customs legislation on IPR of Turkey and EU.

Activity 2: To conduct a gap and needs analysis.

Activity 3: If needed, to draft new national provisions concerning the border enforcement of IPR.

Activity 4: Study visits to EU Member States to observe EU best practices (including software programmes related to IPR)

Activity 5: Internships of TCA staff in EU customs offices to experience implementation of IPR border protection legislation.

3.5  Assessment of project impact, catalytic effect and cross border impact (where applicable)

The achievement of harmonization with the corresponding EU Regulation and EU best practices and the improvement of the legal and administrative capacity of the TCA is expected to strengthen the TCA in preventing and combating counterfeiting and piracy more effectively and hence safeguard legitimate business from unfair competition, protect citizens’ health and safety, avert knowledge theft and counter risks to jobs, investment, research and innovation. Combating counterfeiting and piracy is a vital means for fostering economic growth, employment, national competitiveness, and cultural diversity.

In overall, through the project, with a developed and strengthened legal and administrative capacity, the TCA will also be able to meet the criteria laid down in the EU Customs Blueprints; thus will take another major step in fulfilling its tasks and obligations towards its accession to the EU.

This project, as it provides the TCA with a strengthened customs enforcement capacity, will not only be helpful for the TCA to protect internal market from adverse effects of counterfeiting and piracy, but will also be beneficial for the neighboring EU members to prevent this illicit trade and to better protect EU frontiers.

3.6  Sustainability

During the implementation of the project, trainings/ study visits/internships shall be designed and implemented for participants who can have medium or long term perspective in relevant services. During and after the implementation of the project, decisions on rotation /turnover of staff shall take into account this condition for the trained staff both at central and local units. In conformity with the activities and results of the project, to render the effects of the project sustainable TCA will maintain the training activities after the project both for the training of the newly recruited staff and for the training of the staff on relevant new developments. Also, measures (for instance, workshops, seminars, stakeholders gatherings, dissemination of reports/training materials on available medium, implementation of recommendations etc.) shall be taken to disseminate the knowledge and to transfer know-how into the use.

3.7  Assumptions and pre-conditions[2]

The draft text for alignment of Turkish customs legislation regarding IPR with that of EU is foreseen to pass through the Parliament.

4  Implementation issues

4.1  Indicative project budget

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Indicative Project budget (amounts in EUR)(for decentralized management)

Decentralised management / SOURCES OF FUNDING
TOTAL EXP.RE / TOTAL PUBLIC EXP.RE / IPA CONTRIBUTION / NATIONAL PUBLIC CONTRIBUTION / PRIVATE CONTRIBUTION
IB
(1) / INV
(1) / EUR
(a)=(b)+(e) / EUR
(b)=(c)+(d) / EUR
(c) / % (2) / Total
EUR
(d)=(x)+(y)+(z) / %
(2) / Central
EUR
(x) / Regional/
Local
EUR
(y) / IFIs
EUR
(z) / EUR
(e) / %
(3)
Component IV
Contract 4.1 TWL / X / - / 250.000 / 250.000 / 237.500 / 95 / 12.500 / 5 / 12.500

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4.2  Indicative Implementation Schedule (periods broken down by quarter)

Contracts / Start of Tendering/ Call for proposals / Signature of contract / Project Completion
Contract 4.1 / I Quarter 2015 / IV Quarter 2015 / II Quarter 2016

4.3  Cross cutting issues

4.3.1  Equal Opportunities and non-discrimination

Based on the fundamental principles of promoting equality and combating discrimination, participation in the project will be guaranteed on the basis of equal access regardless of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

Male and female participation in the project will be based on EU standards and assured by official announcements published to recruit the necessary staff for the project. The main criteria for recruitment will be qualifications and experience in similar projects, not sex or age. Both men and women will have equal opportunities and salaries.

4.3.2  Environment and climate change

-

4.3.3  Minorities and vulnerable groups

According to the Turkish Constitutional System, the word minorities encompasses only groups of persons defined and recognized as such on the basis of multilateral or bilateral instruments to which Turkey is a party. The project will apply the policy of equal opportunities for all groups including vulnerable groups.

4.3.4  Civil Society/Stakeholders involvement

-

ANNEXES

Documents to be annexed to the Project fiche

·  Logframe in Standard Format

·  Description of Institutional Framework

(Including composition of the project Steering Committee, Sector Monitoring Sub-Committees, and sectoral working group)

·  Reference list of relevant laws and regulations only where relevant

·  Details per EU funded contract (*) where applicable:

·  Project visibility activities

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ANNEX I: Logical framework matrix in standard format

LOGFRAME PLANNING MATRIX FOR Project Fiche / Project title and number
“Border Enforcement of Intellectual Property Rights (IPR)”, Twinning Light
Contracting period expires
3 years following the date of conclusion of Financing Agreement / Execution period expires
2 years following the end date for contracting
Total budget / € 250.000
IPA budget: / € 237.500
Overall objective / Objectively verifiable indicators (OVI) / Sources of Verification
The overall objective of the project is to establish a modernized and effective system of border protection regarding IPRin a way to ensure operational control throughout Turkish Customs territory. / Harmonization with EU legislation and its implementation practices regarding of border enforcement of IPR / • EU Regular Progress Report on Turkey
• Annual Activity Report of TCA
Specific objective / Objectively verifiable indicators (OVI) / Sources of Verification / Assumptions
To increase the legal and administrative capacity of Turkish Customs Administration in line with the EU norms and standards for proper and effective implementation of the EU Regulation 608/2013. / •New provisions sent to the Turkish Parliament aiming to amend the Implementing Provisions of customs law regarding protection of IPR.
•Number of TCA personnel participated to study visits and internships / • EU Regular Progress Report on Turkey
•Annual Activity Report of TCA
• Gap Analysis and Need Assessment Report.
•Reports of study visit.
•Reports of internships.
•Draft text for alignment of national customs legislation regarding IPR with that of EU. / •Turkey remains on schedule to meet its target date for EU membership.
•Adequate financial resources will be timely available.
•Project Management Group has adequate expert staff.
•Senior management of the TCA will give appropriate priority to the establishment of operational systems.
•Senior management of the TCA remains committed to the project.
Results / Objectively verifiable indicators (OVI) / Sources of Verification / Assumptions
Decrease in differences between EU and Turkish Customs legislation and implementation in regard of IPR enforcement.
Increased awareness among customs officers dealing with IPR issues / •New provisions sent to the Turkish Parliament aiming to amend the Implementing Provisions of customs law regarding protection of IPR.
•Number of TCA personnel participated to study visits and internships / • Gap Analysis and Need Assessment Report.
•Reports of study visit.
•Reports of internships.
•Draft text for alignment of national customs legislation regarding IPR with that of EU. / The draft text for alignment of Turkish customs legislation regarding IPR with that of EU is foreseen to pass through the Parliament.
Activities to achieve results / Means / contracts / Costs / Assumptions
Activity 1: To review the existing customs legislation on IPR.
Activity 2: To conduct a gap and needs analysis.
Activity 3: If needed, to draft new national provisions concerning the border enforcement of IPR.
Activity 4: To arrange study visits to EU MS to observe EU best practices (including software programmes related to IPR )
Activity 5: To send TCA staff for internships in EU customs offices to experience implementation of IPR border protection legislation. / Twinning Light Contract

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