React Foundation
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 so that class actions against important traders in counterfeited goods affecting multiple rights holders/members of React can be brought to 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 District Court of Amsterdam fully upheld the Foundation’s claims against the platform Wish.com in its judgment of 26 April 2021. The English version can be found here, and the authentic Dutch version can be found here. Here is the Ruling of the District Court of The Hague in the VOVA case.
More information on the latest case involving Sara Mart can be found here.
For enquiries and applications for membership, you can contact us via email ([email protected]) or directly on our website, where you can click on “become a member.“ Rightsholders can also join on an ad-hoc basis. Cancellations of membership can be addressed immediately.
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.
Training events
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. Here you can find the latest SV Council Report Meeting and the Summary Report of the annual general meeting.
The React group financially supports the Foundation’s activities through membership contributions (fixed €3250 per member per year). The React Foundation’s management and supervision (the board and the Supervisory Council) are unremunerated. The articles of association of the Foundation Anti-Counterfeiting REACT are available here.
Other documents:
The latest React management board report (concerning 2024) insofar as it pertains to 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.
