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The real challenges and way forward
---from a police officer’s 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 analysisthe world is still a
schizophrene.
1. IP crime is still a economic phenomena.
2.IP violation is an international and serious crime.
IP IP CRIMECRIME
consumerconsumer
producerproducer
retailerretailer
distributordistributor
holistic strategies 6
II. What we have done
IP Criminal
Protection
EnforcementEnforcement
PartnershipPartnership
CoordinationCoordination …EducationEducation
LegislationLegislation
Inte’l Inte’l cooperationcooperation
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.
Wholesaling
Producin
g
Summer Solstice In Jul 2007, after more than 1 year’s
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 officer’s 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
THANK YOU !THANK YOU !
Tel: (8610)66266604Fax: (8610)66263075Email: [email protected]: No. 14 Dongchangan Ave. Beijing, 100741
Q & A