Tag: Legal Market Defense

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

Recife loses R $ 800 million with contraband

Mayor Geraldo Julio signs commitment to fight smuggling
Mayor Geraldo Julio signs commitment to fight smuggling

Per year, Pernambuco loses approximately R $ 100 million in taxes not collected, related to the contraband cigarette market. In Recife alone, illegal products generated losses of R $ 800 million for the productive sectors during the past year and, currently, 50% of the city's cigarette market is already dominated by these products, coming from countries like Paraguay, which here they are sold below R $ 5, the minimum price established by law.

An articulation of the National Front of Mayors, the Brazilian Institute of Ethics in Competition (Etco) and the National Forum Against Piracy and Illegality, together with the government, proposes actions to combat the problem through the Legality Movement. Yesterday, the mayor of Recife, Geraldo Júlio, signed a term of adhesion to the movement, during the 72nd meeting of the National Front of Mayors, at the headquarters of Sebrae, in Ilha do Retiro. Recife is the second capital of the country to sign a commitment to intensify actions against the illegal market. The first was São Paulo.

“Just like the city of São Paulo, Recife has a profile of a gateway for goods to other locations,” said Etco President Edson Vismona, recalling that these routes are related to drug and arms trafficking, and crime financing . “By curbing the trade in illegal products, we also strengthen local businesses and jobs. Pernambuco is a center of textile and software production, but how to invest if companies buy pirated software and nothing happens? ”, He asked.

The Legality Movement suggests on five fronts of action: measures aimed at removing illegal products; a sustainable movement for their use and disposal; the simplification of practices that discourage formalization; the education of traders and even awareness campaigns for the population. However, the city of Recife did not release a plan. “It is, above all, an awareness role. Inspection is more with the Federal Revenue Service ”, said Geraldo Júlio. On the other hand, the mayor stressed efforts to facilitate the opening of companies, such as the creation of an online system that integrates information from the city hall, Jucepe and the IRS, allowing the opening of companies in 72 hours.

Read an article published in Folha de S. Paulo about Anvisa's operations and the growth of the illegal market

ANVISA AND ILLEGAL MARKET GROWTH

Folha de S. Paulo - 22/11/2017

by Edson Vismona

The illegal market in the country continues to grow at a fast pace. Unfortunately, and despite some government and industry initiatives, we are still far from solving this serious problem. One of the sectors most affected by illegality is cigarettes: if we add smuggling and counterfeiting, the illegal cigarette trade reached 48% of the total products sold in the country in 2017.
To have an idea of ​​the problem's growth, in 2016 this percentage was 32%. In this context, it is worrying to think that regulatory agencies, such as the National Health Surveillance Agency (Anvisa), are more concerned with controlling the legal products that circulate in the country than inspecting the illegal ones.
This Wednesday (22), the debate on the restriction on the use of ingredients in cigarettes returns to the Federal Supreme Court (STF). The question is old: an Anvisa resolution of 2012 prohibited additives in the manufacture of tobacco products.
The regulation only did not come into force due to an action by the National Confederation of Industry (CNI) in the STF, which pointed out that the measure adopted by the health agency was illegal. The CNI questions, especially, an excerpt about the prohibition of the manufacture and sale of products in cases of "health risk". But there are no studies that prove that these ingredients that make up cigarettes cause health risks.
According to the National Center for Biotechnological Information, one of the branches of the National Institutes of Health of the United States government, the consumption of flavored cigarettes does not increase the risk of harmful TgocHE effects compared to that of traditional cigarettes. This is a topic of the utmost importance, as it ultimately deals with the scope and limits of the performance of Brazilian regulatory agencies.
Did Anvisa have the power to legislate? Obviously not. Regulatory agencies are autarchies, and can only enforce previously established laws. As presented, Anvisa's resolution prohibited generic additives, restricting the use of cigarettes to tobacco and water only.
In other words, all cigarettes legally sold in Brazil would be banned, as the manufacture of the product would be practically unviable, leaving this market for smuggling - which will certainly thank, and very much, this billionaire gift. It is true that restrictions of such an economic impact can only be made by the National Congress.
Agency has generally banned additives in cigarettes; product manufacturing would almost be impossible, leaving the market to smuggle. If the decision is upheld, Brazilians who choose to consume flavored cigarettes will have to resort to illegal products.
Paraguayan manufacturers and gangs that now dominate this trade in Brazil would have an even greater incentive to bring products that fill this market gap. It is important to emphasize that we are not denying the important role of health agencies in the inspection of a sector that has been dominated by illegal products. Anvisa and the municipal health surveillance departments are responsible for inspecting the quality and composition of products intended for consumption.
This action is necessary to ensure that products sold in the country are safe, but the agency must act within the limits of the legislation. Their decisions need to be based on data from studies that prove the defended theses, in order to guarantee transparency in their decisions.
What we need, with the greatest urgency, is to expand the inspection measures, since we have almost half of the country's cigarette market without any health control, with evident and proven damage to the consumer and to society.

EDSON VISMONA is president of the Brazilian Institute of Ethics in Competition (Etco), of the National Forum Against Piracy and Illegality (FNCP) and coordinator of the Movement in Defense of the Brazilian Legal Market

Recife signs adherence to the Legality Movement during the 72nd general meeting of the National Mayors Front

From 27 to 29 November, mayors and managers from all over the country will meet in Recife / PE to work on common themes of the municipalities. The agenda is the 72nd General Meeting of the National Front of Mayors (FNP), whose program was developed to deal with tax reform and subsidize the construction of an initial document, which will be improved and delivered in 2018 to candidates for the presidency of the Republic and Congress National.

During the meeting, the president of FNCP and ETCO, coordinating the Legality Movement, signed with the Mayor of Recife, Geraldo Julio, the term of commitment to encourage the defense of the legal market, to combat smuggling, counterfeiting and piracy in the city. Recife is the second capital to sign this commitment, after São Paulo.FNP REEF 2

 

Main areas of expertise

LEGAL MARKET DEFENSE

We combat illegal practices such as smuggling, embezzlement, fraud, product tampering, counterfeiting and piracy, which harm honest companies and endanger the health of the population.

Check out the special content that ETCO has published on this topic.

TAX ETHICS

We defend the fulfillment of tax obligations by all and the simplification of the tax system, to make it more transparent and less costly.

Understand what the Contumaz Tax Debtor is

REDUCTION OF THE INFORMAL ECONOMY

We support the formalization of business and have sponsored a survey that calculates the Underground Economy Index in Brazil since 2003.

What is the Underground Economy Index.

FIGHT AGAINST CORRUPTION

We condemn any type of favoritism based on illicit advantage and support the strengthening of compliance programs in companies.

What it takes for your company to have an Effective Integrity Program.