React Foundation encourages the sharing of information and knowledge. We promote a fair level of protection for rights holders, consumers and governments against the sales of counterfeited products. The activities of the React Foundation are of a practical nature.
React Strategic Group meetings
The React Strategic Group meeting constitute a forum for rights holders in various regions and/or sectors to identify particular problem areas and obstacles in the anti-counterfeiting enforcement. The express purpose of the meetings is to encourage public-private partnerships, joint industry actions and to develop technical assistance activities for enforcement authorities.
Class actions/Landmark cases
The statutes of the React Foundation are formulated in such a way that it can bring class actions against important traders in counterfeited goods affecting multiple rights holders / members of React to the Court.
Next to that, React has initiated landmark cases to the ECJ, raising the level of protection for rights holders against counterfeiting. Case ECJ C-494/15 introducing landlord liability in the EU, Case ECJ C-521/17 making it clear that an ISP which has knowledge and control over the data transmitted can not apply the safeguard provisions of the E-commerce directive. On a national level, React has also initiated numerous cases with the aim to facilitate rights holders in their anti-counterfeiting strategies.
The Foundation’s claims against the platform Wish.com were fully upheld by the District Court of Amsterdam in its judgment of 26 April 2021. The English version can be found here, the authentic Dutch version can be found here.
For enquiries and subscriptions for membership you can reach out to us via email, or directly on our website you can click on become a member. Rightsholders can also join on an ad-hoc basis, please contact us by email at HQ@react.org
Memorandum of Understanding
React has agreed with customs authorities in many countries of the world on standards for the exchange of information and the procedure to be followed in order to enhance the interception of fake goods at the borders. Also with market authorities, React has concluded MOU”s to facilitate their work and that of rights holders. Currently MOU’s are in place in Spain, Thailand, Vietnam, Laos, Macedonia. But also with the International Chamber of Commerce for the purpose of its special project BASCAP.
The same is happening for online enforcement, where React concluded MOU’s with major e-commerce platforms.
React organizes events for law enforcement agencies and rights holders with the aim to improve the identification of counterfeited goods. At the same time, these meetings are considered extremely useful networking meetings for rights holders with law enforcement as well as for rights holders and law enforcement amongst themselves. About 160 of such events take place every year worldwide.
How is the React Foundation managed?
The React Foundation is managed by the React group. Whereas React mainly consists of operational entities, supporting well known brands in their individual actions, the Foundation organizes actions and activities to the benefit of brand protection as a whole; that means to protect consumers against fake products; owners and distributors of the affected brands against unfair competition; society against all other negative effects caused by this type of fraud.
Its corporate structure can be summarized as follows: Corporate structure
The Foundation is governed by the operational entity React BV with a Supervisory Council consisting of 12 representatives of well-known brands.
The activities of the Foundation are financially supported by the React group out of the membership contributions (fixed €3100 per member per year). The management and supervision of the React Foundation (the board and the Supervisory Council) are unremunerated. The articles of association of the Foundation Anti-Conterfeiting REACT are available here.
The latest React management board report insofar as it concerns the Foundation
Consumer information / outreach
React Foundation is always seeking to inform consumers on the recognition and dangers of counterfeit goods.
Our interview for the Dutch Consumer Association’s Consumer Guide can be found here.
The collaboration will result in increased detection of webshops that not only infringe the intellectual property rights of REACT group members, but are often also engaged in scams which target consumers.