IAA: Intellectual property enforcement plan a 'missed opportunity'

29 Jul 10

US policy makers have missed “a golden opportunity” to make authentication technologies mandatory for intellectual property (IP) anti-counterfeiting strategies, according to the International Authentication Association (IAA).

By Brian Sims

Although the newly-published US Joint Strategic Plan on IP Enforcement is a welcome step in the right direction, the IAA is “disappointed” to see that the only reference to authentication methods is the proposal to establish a mandatory requirement for a track-and-trace system for pharmaceuticals and medical products.

Although the plan indicates that track-and-trace “allows for authentication of the product”, in reality such systems do not authenticate products.

The IAA, which represents many of the world’s leading brand owners and suppliers of authentication technologies, suggests that the plan does not go far enough, and should have been stronger in endorsing the use of authentication technologies and methods - not just track-and-trace - for intellectual property protection.

Track-and-trace can help to secure the supply chain from the infiltration of counterfeiting, but it cannot in itself identify nor confirm whether products distributed beyond legitimate supply chains are genuine or not.

The most effective strategies for combating counterfeiting include the use of overt and covert authentication technologies and programs – something which the Joint Strategic Plan on IP Enforcement should have acknowledged and supported.

Step in the right direction

IAA chairman Jim Rittenburg told SMT Online the plan is definitely a step in the right direction, but also suggested that track-and-trace is not a panacea – a position supported in the Performance of Authentication Solutions document circulated to ISO members. This states: “Track-and-trace technology, when used alone, is not considered to be an authentication solution.”

This is also highlighted in the approach that Governments take to protect their money.

Although banknotes are all serialised for tracking purposes, they also contain a multitude of overt and covert authentication features such as security threads, holographics, watermarks, micro text, security inks and invisible taggants.

“The national plan to fight counterfeiting should include references and guidance on the means of authentication because detecting fakes is a key part of any anti-counterfeiting strategy,” added Rittenburg.

“So, the plan from Victoria Espinel, the US Government’s IP enforcement co-ordinator, is not only a missed opportunity to highlight the importance of authentication technologies, but also a misguided one in its belief that track-and-trace allows for authentication.”

Rittenburg went on to state: “We would like to see the IP enforcement co-ordinator look at the broader role of authentication technologies and programs for the next strategic plan. We would also encourage those involved in authentication to provide her with information which shows the full spectrum of authentication and global experiences.”