One of the main objectives of the lighting and illumination industry, which will be represented at the International Exhibition of Electrical and Electronic Equipment, Matelec '08, is to comply with the latest European Directives regarding products and facilities, as a condition to operating on the market. Today, technological developments and the increasingly high demands of the market call for measures to protect industrial and intellectual property, especially in view of the threats that various companies that form part of Anfalum are suffering.
In this respect, Anfalum staged a trade meeting at Feria de Madrid in order to identify the factors that underlie unfair trading practices and to establish a code of good conduct among its member companies. Rafael Barón, the President of Anfalum, stated at the beginning of the meeting that "copying is a current practice and a highly damaging phenomenon. In other fields royalties are imposed, but this is not possible within the lighting market. We make a considerable effort under the headings of R&D and product design, and these concepts represent a considerable investment. If copies exist on the market that is because someone is demanding them. There are even those who request that copies be made, which is to say, customers who ask manufacturers to produce models that are similar to the original, but which are cheaper".
Alfredo Berges, the Association's General Secretary, outlined the regulatory framework for the lighting sector: "At Anfalum we promote compliance with the regulations. We represent an industry with a turnover of 1,400 million euros a year, with 30 per cent of our production being destined for export. We are the most strongly regulated sector in the entire electrical market and the most competitive, given that the market is wide open. The degree of permeability is high and we often come across unfair trading practices and "orphan" products, which is to say, products that do not have the EC seal or any other regulatory labels".
More than 60 per cent of the safeguard clauses within the EU are aimed at lighting products, and this is complemented by authorisations on the part of the Producers Register, rates etc.
In view of this situation, companies within the lighting sector ask themselves a number of questions: Are companies within this market really protected against unfair trading? Is their investment in design protected? Can industrial products be protected? When do international or Spanish patents apply? How can the damage caused by industrial copies be repaired?
. Voluntary and Obligatory Seals for Products
Teófilo de Frutos, the Technical Head of Certification at Aenor, outlined the current legislation and tackled the voluntary seal / obligatory seal dilemma: "the EC seal does not guarantee that there are no non-compliant products. When the seal is placed on a product, you would suppose that it complies with the necessary requirements, but there are many deficiencies in the system. In short, the EC seal does not mean that the product is manufactured in the European Union or that it is a high-quality European brand. It is simply a product affected by some EU regulation in some respect. It is, quite simply, a passport for selling products in Europe".
Fernando Fernández-Monge, a Legal Advisor at ANFALUM and a Senior Partner at the business law firm, M&B, stated that companies must fulfil the regulations: "beforehand, unfair trading meant unwarranted interference and encroachment, but the concept has become somewhat wider today, culminating in the Law that was passed in 1991 on Unfair Trading, which penalises those who breach the regulations that govern relations between members of the market. The EC seal opens the door for illicit practices, although it benefits the free circulation of goods and equipment".
José Luis Sagarduy, from the consultants, Modet & Co., outlined the measures that should be taken in order to protect industrial and intellectual property, for example, by means of a brand or a patent. Among other recommendations, he urged the member companies of ANFALUM to protect their products and their innovative know-how throughout the entire territory in which they intend to carry out their business activities. He made special reference to the practice of copying, in relation to Europe and China, and he recalled that China is becoming increasingly well informed regarding this matter and "it is they who are now denouncing Europe for copying their products. It is not necessary to spend a great deal, but it is important to spend well on industrial property. There is no point in encouraging innovation if we fail to protect it".
The President of the industry's association, Anfalum, concluded the conference by establishing two important goals: that of drawing up a Code of Ethics for the Association, defining good business practices among companies within the lighting market; and that of creating a Court of Arbitration that will prevent cases from going directly to the law courts.The International Exhibition of Electrical and Electronic Equipment, Marelec '08, has maintained its strong commitment to the industry for a number of years now, with a view to combating and denouncing industrial piracy, whilst establishing good business practices, both within the lighting and illumination sector, and in the rest of the sectors represented at the fair, such as electrical energy, electrical installation technology, inter- and telecommunications, electronics and industrial equipment, etc.
