2011 International Law Enforcement IP Crime Conference. Operational Round Table 1. Transforming Regional Success into Global Action

Transcription

1 2011 International Law Enforcement IP Crime Conference Operational Round Table 1 Transforming Regional Success into Global Action

2 Operational Round Table 1 Findings from Workshops: Customs and Police Combating Illicit Internet Activities Integrated Prosecution Strategies E-Commerce

3 Operational Round Table 1 discuss with group and identify top 2 or 3 (from each workshop) with *. Workshop: Customs and Police We should Help develop the commitment and engagement of stakeholders build up of training and advance information is essential. Bring in multi layered partnerships to share intelligence, specialties, expertise and resources. Tackle supply chains at numerous points Engage in the legislative process to make laws fit for purpose

4 Operational Round Table 1 discuss with group and identify top 2 or 3 (from each workshop) with *. Workshop: Combating Illicit Internet Activities Global approach Greater cooperation and information sharing among all stakeholders Greater focus on domain name take down and access blocking Intelligence based targeting of internet based syndicates Greater attention on the payment process Greater use of the internet as an awareness tool Enhance sharing of public awareness material

5 Operational Round Table 1 discuss with group and identify top 2 or 3 (from each workshop) with *. Workshop: Integrated Prosecution Strategies Training and Capacity Building / Share experiences Develop Regional and International Initiatives Harmonization and Strengthening of Legislation Public Education and Awareness Lobbying of Policymakers Public - Private Sector Collaboration Multi-lateral Agreements on Enforcement (E.g., MLAT, Cybercrime Convention) and enhanced informal information sharing Important to have easy access to information on what other countries/officials cando in a specific case in order to prevent preparing and asking for actions that cannot be performed.

6 Operational Round Table 1 discuss with group and identify top 2 or 3 (from each workshop) with *. Workshop: Integrated Prosecution Strategies POC Expertise in IP and Technology make known to LE / Victims (E.g. 24/7 list) Early contact between operationalpolice/prosecutors Develop a strategy early on to reduce surprise / problem and increase success Greater interagency cooperation nationally Formal follow up red tape Consider initiating preliminary investigation based on information given by requesting country to permit use of domestic resources, greater flexibility and informal information sharing and follow up with formal request for evidence through MLAT request. Long term law enforcement relationships to promote cooperation and timeliness

7 Operational Round Table 1 discuss with group and identify top 2 or 3 (from each workshop) with *. Workshop: E-Commerce Brand/rightsholders must be a trustworthy victim They must be supportive of law enforcement And not make side deals with infringers There is significant risk of counterfeits entering the Government supply chain Rights holders should take steps to educate procurement officials about the specific steps and procedures they can employ.

8 Operational Round Table 1 discuss with group and identify top 2 or 3 (from each workshop) with *. Workshop: E-Commerce Cyberlockershave emerged as a means for individuals (uploaders) can earn $ as well as criminals. It is critical to educate law enforcement officers in the latest technology, so they can address threats such as Cyberlockers.

9 Operational Round Table 1 discuss with group and identify top 2 or 3 (from each workshop) with *. Workshop: E-Commerce The chances of all aspects of an illegal site being located in one country is low Servers, uploader/user, registrant, account 4 elements Therefore, an 87.5% chance of a non domestic element. Global cooperation is critical. Different sanctions from one country to another must be overcome.

10 2011 International Law Enforcement IP Crime Conference Operational Round Table 2 Transforming Regional Success into Global Action

11 Operational Round Table 2 Findings from Workshops: Practical Partnerships Capacity Building Illicit Trade IP Crime Training

12 Operational Round Table 2 discuss with group and identify top 2 or 3 (from each workshop) with *. Workshop: Practical Partnerships Regional projects which recognize police work, setting objectives for the IPR programs and establishing performance indicator. Establish ministerial level networks which maintain dialogue with industry, identify single point of contact for the industry, public and police on IPR issues. Identify twining projects, sister city partners. Targeted awareness raising campaigns / cooperation between public and private sector.

13 Operational Round Table 2 discuss with group and identify top 2 or 3 (from each workshop) with *. Workshop: Practical Partnerships (con t) Sustainability. Continuing support from private sector to law enforcement to influence policy makers. Enhanced two way communication between public and private sector. Continue the discussion on shippers responsibility. Payment of storage and destruction. Explore the possibilities of cooperate with universities and law schools to educate stakeholders on IP issues. Make sure that agreements etc. between the stakeholders also reaches the local level.

14 Operational Round Table 2 discuss with group and identify top 2 or 3 (from each workshop) with *. Workshop: Capacity Building Rights Holder engagement Legislation or regulation that provides meaningful penalties Good exchange of information (intelligence & best practices) Dedicated Government Resources to IP Enforcement Coordination between Government Agencies & Rights Holders Learn from both good & bad experiences Good Communication Reach a balance between Rights Holders Needs (i.e., enforcement action) & Governments' abilities (i.e., budget & personnel)

15 Operational Round Table 2 discuss with group and identify top 2 or 3 (from each workshop) with *. Workshop: Illicit Trade Scale and Characteristics Trend: Legal production down/illicit trade up Illicit tobacco estimated to be 6-10% of global trade South African Government loss R2.9 billion; tobacco industry R540 million Clear involvement of transnational organized criminals Opportunities for intervention vary according to industry sector (diamonds at source; tobacco at source and supply chain) Illicit trading prevalent in all regions Corruption a significant factor in all regions

16 Operational Round Table 2 discuss with group and identify top 2 or 3 (from each workshop) with *. Workshop: Illicit Trade Integrated intervention strategies Same criminals; IP crime strategies work for illicit trade Dedicated investigation/project teams Comprehensive integrated multidisciplinary approach according to local jurisdiction/practice Whole range of civil/criminal investigation techniques required Embrace technology e.g. Tobacco use of digital tax stamps (ECTS); precious metals integrate observations and data

17 Operational Round Table 2 discuss with group and identify top 2 or 3 (from each workshop) with *. Workshop: Illicit Trade Maximizing opportunities: diverse criminal jurisdictions Institutional and government corruption requires innovative approach Multi-jurisdictional cooperation and coordination Exploit opportunities presented by global interconnectivity Initiate proceedings for related and other offences in another jurisdictions Take out component parts of conspiracy at every opportunity Use INTERPOL international arrest warrants (Red Notices)

18 Operational Round Table 2 discuss with group and identify top 2 or 3 (from each workshop) with *. Workshop: IP Crime Training Coordination of all IPR training. Database for all IPR training material. Training needs analysis / flexible approach.

19 2011 International Law Enforcement IP Crime Conference Operational Round Table 3 Transforming Regional Success into Global Action

20 Operational Round Table 3 Findings from Workshops: Proactive Integrated Analysis Managing Global Operations Shared Collective Expertise Protecting Trade Secrets

21 Operational Round Table 3 discuss with group and identify top 2 or 3 (from each workshop) with *. Workshop: Proactive Integrated Analysis Public/Private partnership to develop data sharing models that are more reciprocal. Private sector can and should influence policy leaders in countries to give law enforcement capacity to enforce against IP theft. Conflicting privacy and data protection laws need to be addressed to better allow sharing of information, and interpreted to allow for proactive sharing of intelligence. Best practices should be shared and adopted

22 Operational Round Table 3 discuss with group and identify top 2 or 3 (from each workshop) with *. Workshop: Managing Global Operations Set objectives / aim high Communication / clear Local expertise Understanding legal issues in operating countries / involve legal experts from those countries Understand cultural aspect globally / corruption issues Working within legal frameworks of countries Proper use of L.O. officers in countries..interpol, Europol, etc Importance of measurement of success / feedback for future operations

23 Operational Round Table 3 discuss with group and identify top 2 or 3 (from each workshop) with *. Workshop: Shared Collective Expertise Better cooperation between the different agencies (Ex. Police and Customs) Better cooperation between law enforcement and right holders Better IP training for law enforcement Corruption in some regions makes IP investigations difficult Right holders need to register their IP in some countries, so that law enforcement can prosecute Right holders need to nominate a representative/agent in developing countries, so that they do not have to travel to these countries every time a new investigation is initiated A centralized data base with all concluded IP prosecutions, that right holders and law enforcement from different regions can access Better sharing of information between different regions Improve publicity/media coverage for IP investigations/prosecutions

24 Operational Round Table 3 discuss with group and identify top 2 or 3 (from each workshop) with *. Workshop: Protecting Trade Secrets Trade Secret definition Brand Holders must take reasonable measures to protect their trade secrets Brandholdermeasures NDA is not the only means of protection, sensitivity of materials Investigative Alternatives to Theft of Trade Secret Crime always another offense to pursue Who do you pursue the target or the recipient Civil vs. Criminal processes of discovery Not having a TOTS law on the books can preclude extradition Educating industry and IP crime units in TOTS investigative process and impact, tangential crimes Preparing investigative units with tools, expectations and concerns when working with industry

25 2011 International Law Enforcement IP Crime Conference Plenary Session 17 Round Table Feedback Session Transforming Regional Success into Global Action

26 Operational Round Table 1 Findings from Workshops: Customs and Police Combating Illicit Internet Activities Integrated Prosecution Strategies E-Commerce

27 Operational Round Table 1 Conclusions: Customs and Police Help develop the commitment and engagement of stakeholders build up of training and advance information is essential. -Ayudaa los propietariosde lasmarcasen la capacitacióny el intercambio de información. Engage in the legislative process to make laws fit for purpose -Avanzaren el procesolegislativoparaquese haganleyes más eficaces.

28 Operational Round Table 1 Conclusions: Combating Illicit Internet Activities Greater cooperation and information sharing among all stakeholders -Aumento de la cooperación y del intercambio de información con los propietariosde lasmarcasy proveedoresde servicios. Greater focus on domain name take down and access blocking -Dar importanciaal nombrede dominioy bloqueode páginas web ilícitas.

29 Operational Round Table 1 Conclusions: Integrated Prosecution Strategies Training and Capacity Building / Share experiences / Points of contact - Formación y capacidad de desarrollo/ compartir experiencias/ puntos de contacto Long term law enforcement relationship to promote cooperation and timeliness - Relaciones entre las agencias para promover la cooperación

30 Operational Round Table 1 Conclusions: E-Commerce Brand/rightsholders and Goverments should engage e-comerce companies, such as ISPs and payment processors. - Propietarios de las marcas, agencias y el Gobierno deberían impulsarel trabajoconjunto. There is significant risk of counterfeits entering the Government supply chain - Existe un riesgo importante de que las falsificaciones entren en las líneas de contratación del Gobierno.

31 Conclusions: Operational Round Table 1 Must use complimentary laws to supplement cases ej: fraud and conspiracy laws. - Fomentar el uso de leyes complementarias como por ejemplo el fraude y la revelación de secretos.

32 Operational Round Table 2 Findings from Workshops: Practical Partnerships Capacity Building Illicit Trade IP Crime Training

33 Operational Round Table 2 Workshop: Practical Partnerships Regional projects which recognize police work, setting objectives for the IPR programs and establishing performance indicator. Targeted awareness raising campaigns / cooperation between public and private sector. Continuing support from private sector to law enforcement to influence policy makers. con t

34 Operational Round Table 2 Workshop: Practical Partnerships Continue the discussion on shippers responsibility regarding shippers liability in knowing your customer Liability for storage and destruction costs

35 Operational Round Table 2 Workshop: Capacity Building Good exchange of information (intelligence & best practices) Dedicated Government Resources to IP Enforcement Good Communication including with media

36 Operational Round Table 2 Workshop: Illicit Trade Same criminals; IP crime strategies work for illicit trade / Take out component parts of conspiracy at every opportunity Dedicated investigation/project teams Exploit opportunities presented by global interconnectivity

37 Operational Round Table 2 Workshop: IP Crime Training Coordination of all IPR training. Referral Database for all IPR training material. Training needs analysis / flexible approach.

38 Operational Round Table 3 Findings from Workshops: Proactive Integrated Analysis Managing Global Operations Shared Collective Expertise Protecting Trade Secrets

39 Operational Round Table 3 Workshop: Proactive Integrated Analysis Private sector can and should influence policy leaders in countries to give law enforcement capacity to enforce against IP theft. Conflicting privacy and data protection laws need to be addressed to better allow sharing of information, and interpreted to allow for proactive sharing of intelligence. Best practices should be shared and adopted.

40 Operational Round Table 3 Workshop: Managing Global Operations Communication / Provide all relevant information to concerned parties. Understanding legal issues in operating countries / involve legal experts from those countries. Understand cultural aspect globally.

41 Operational Round Table 3 Workshop: Shared Collective Expertise Better IP training for law enforcement. Corruption in some regions makes IP investigations difficult. Improve publicity/media coverage for IP investigations/prosecutions.

42 Operational Round Table 3 Workshop: Protecting Trade Secrets Brand Holders must take reasonable measures to protect their trade secrets. Brandholdermeasures NDA is not the only means of protection, sensitivity of materials. Investigative Alternatives to Theft of Trade Secret Crime always another offense to pursue. Preparing investigative units with tools, expectations and concerns when working with industry.