Presentation on theme: "The real challenges and way forward ---from a police officers perspective Wang Zhiugang IP division of Economic Crime Investigation Department The Ministry."— Presentation transcript:
The real challenges and way forward ---from a police officers perspective Wang Zhiugang IP division of Economic Crime Investigation Department The Ministry of Public Security of China
AGENDA: IP crimes analysis China efforts Real challenges Solutions
II.IP Crimes analysis the world is still a schizophrene.
2.IP violation is an international and serious crime. IP CRIME consumer producer retailer distributor
holistic strategies 6 II.What we have done IP Criminal Protection Enforcement Partnership Coordination Education … Education Legislation Intel cooperation
approaches using intelligence to guide the investigation ---self-developed, informers, administrative organs and IPR owners ---monitoring criminals and the markets ---WWW.CYBERPOLICE.CN
Code: SPRING OPERATION Randolph Hosbon Guthrie ran internet business selling piracy DVDs On July, 2004, as a result of the first joint China- American law enforcement operation Guthrie and his fellows were arrested. More than 210,000 pirated DVDs were seized.
OCEAN-CROSSING Operation Richard Cowley, Wang Daijun et al formed a internet- based syndicate selling counterfeiting Viagra, Cialis In Sept. 2005, Richard Cowley and others was arrested as a result of Sino-Amercian-Europe joint operation, and 1040,000 counterfeit pharmaceutical and 260 kg raw materials & various equipment were seized.
MIDAQUAN case: --- Mi Daquan advertised his counterfeit pharmaceutical on internet and shipped 25 million tablets to domestic and overseas wholesalers.
WAVE Operation Jin Jihui et al colluded on the Internet and sold counterfeit pharmaceutical to more ten countries via internet. In May 2006, 2 criminal syndicates were smashed, more than 40 tons of fake pharmaceutical and raw materials were seized.
Summer Solstice In Jul 2007, after more than 1 years thoroughout investigation with undercover operation, a transnational piracy syndicate was taken down, 22 master disks and 360 thousands disks seized, 8 million US dollars worth of assets confiscated. Comments: the most significant and biggest piracy case in the world
IV.THE REAL CHALLENGES & WAY FORWARD The IP crime is still there All of us should shoulder heavier responsibilities We have to identify the real challenges and find the way forward
Real Challenges? - from one perspective Lack of strong legal framework in certain countries Lack of special IPR units Lack of resources in Enforcement Lack of effective and vigorous enforcement actions Lack of deterrent sentencing ……….. ?Is it solution to the problem ?Is it feasible? Setup IP Unit in police, procuratorate and court Commitment of greater resources to IPR enforcement More immediate raid, seizure, arrests and prosecutions Goods and raw materials destroyed; Facilities shutdown Throughout investigation into every case Finding and arresting the mastermind and king pins Uprooting the transnational syndicates apply all possible charges, impose more deterrent sentence, More imprisonment, Close cooperation and collaboration with right-holders
REAL CHALLENGES? --from police officers view POLICE? Is IP crime the top 1 priorities? to use the ever-limited source to initiate investigation and tackle the challenges to arrest Mr. Right –who is really criminal liable and prove that properly IP crime is a international problem Profound economic / social background sophisticated, internationalized and on commercial scale, Enforcement only is not the solution
Enforcement The evolving INTERNET and digital technology make the crime covert, traceless and borderless Counterfeiting is more cheap, easy and perfect Enforcement is more difficult … Unidentifiable … Technically sophisticated … Harder to detect the criminal activities and mastermind … The criminals may be out of jurisdiction
Prosecution forensic and proof problems stem from transient nature of digital evidence ---Authenticity and Admissibility of digital records ---what needed to prove the intention to do so, for commercial purpose and on commercial scale? ---how to calculate the volume of infringing items to launch investigation or impose punishment ---IP address, e-mail is sufficient to prove beyond reasonable doubt?
Jurisprudence issues: Who should be criminal liable? technological advance or just morally wrong e.g. the act to circumvent the protections, trade in and distribution of programs and tools intended to circumvent the protections, Unauthorized alteration/removal of rights management information New technologies, esp P2P, BT and Search engines
The way forward concord rather than discord A holistic approach should be taken Measures adopted to combat piracy have to be customized according to the legal framework, enforcement environment and social situation in the country
new & specific resolution To conduct further practical & theoretical exploration Law & Enforcement must keep abreast of technological developments A consolidated model law needed: criminal law (provision of direct IP infringement activities and premeditated crime, such as possession of infringing tools) + procedure law +relevant administrative regulations
Specifically: Standardizing the definition and extension of IP crime Simplifying investigation and proof requirement Allowing for new techniques and measures to address the ever changing modus operandi Let the police officers have compatible substantive offences and procedural powers.
To make the enforcement easier to make the world safer
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