Intellectual Property Crimes

Intellectual Property ( IP) crime is more generally known as counterfeiting and piracy. Counterfeiting is, wilful trade mark infringement, while piracy involves, wilful copyright infringement. These are very similar and often overlapping crimes. IP crime is not a new phenomenon but due to globalisation and advances in technology counterfeiting and piracy has become big business.

Increasingly, the global economy is dependent upon the creation and distribution of intellectual property (IP) to drive economic growth. However markets are plagued by fakes be it stamps, watches, cigarettes, cosmetics, pharmaceuticals, FMCG products, auto components, software, music, films etc resulting in significant loss to companies, corresponding evasion of tax duties and violation of the rights of the consumer. The nature of the crime, its size, diversity and scope has hindered the task of coordinating a dynamic response.

Major factors of IP Crime are Lack of consumer awareness and advancement of technology which encourage counterfeiting which is further fuelled by lax enforcement laws which make things easy for counterfeiter. The continuity of socioeconomic growth and industrial competitiveness depends upon high level of IP protection and enforcement raising profound concerns of the rapidly growing piracy of IP rights and production of counterfeit goods.

Other factors contributing to the growth of IP crime:

·         Widespread availability of technology

·         Increased globalization of world trade; it is easier to manufacture in one geographic location and distribute elsewhere. The result of more open borders and more trade is that it is also easier for counterfeits to flow across borders.

·         Legal penalties are low; if they exist at all.

·         The influence of organized crime.

Concluding it with that the curbing of widespread IP crime including the reduction of influence of organised IP crime, requires a multi pronged and collaborative approach on the part of the various stake holders in bringing about increased awareness amongst the public, legislature and enforcement authorities of the perilous nature and devastative impact of IP crime.

Grevesarticles - About Author:
GrevesProtection Management Pvt Ltd is presently a leading name in private investigation field in India; the Group has formed various specialized divisions for different types of investigations. IPR Investigations

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