1 《知识产权犯罪年度报告(2010-2011)》/《IP Crime annual report 2010-2011》【英国知识产权局--打击知识产权犯罪小组】 - 知识产权与竞争法研究网

《知识产权犯罪年度报告(2010-2011)》/《IP Crime annual report 2010-2011》【英国知识产权局--打击知识产权犯罪小组】

   发布时间:2011-08-21 来源:http://www.ipo.gov.uk




【英国知识产权局官网的报道——New report shows successes of tackling intellectual property crime

More people than ever before are being successfully prosecuted for committing intellectual property crime in the UK according to a new report published today.

Intellectual Property (IP) crime is the counterfeiting of trade marked goods such as clothes and the piracy of copyrighted material such as CDs and DVDs. The annual IP report, published by the IP Crime Group, reveals the actions that are being taken by the Intellectual Property Office (IPO) and partner agencies to fight those breaking the law.

The report highlights that 75 per cent of all criminal copyright cases end in a positive conviction. It also reveals that 80 per cent of all IP crime cases result in guilty plea prosecutions against the defendants.

The report shows an increase in the sale and distribution of counterfeit and pirated goods over the internet and auction websites during the last 12 months, while there has been a fall in IP crime at sites such as outdoor markets, although that still remains a problem area.

Minister for Intellectual Property Baroness Wilcox said:

"The selling of counterfeited goods and pirated material harms the UK economy, while some fake goods can be dangerous to unwary consumers.

"We are witnessing a wider range of fakes including medicines, alcohol and electrical goods. However, the Government is committed to tackling these issues. We have a dedicated intellectual property crime team who are specialists in providing support to partner agencies such as Trading Standards and the Police.

"I am pleased to see a continued, collaborative approach by Government agencies, law enforcement and industry. We are tackling these crimes together and this report highlights many of the successes achieved throughout the year."

The report lists goods seized and activity carried out by a range of organisations across the country. It also highlights the value of the Proceeds of Crime Act (PoCA) to fighting piracy and counterfeiting. The Act allows enforcement agencies to apply for money made from criminal activities to be confiscated. A 2009 MORI poll found that over 85 per cent of people support recovering assets from criminals.

In May 2010, London Borough of Enfield Trading Standards secured an £11 million confiscation order, one of the largest ever secured by a local council under PoCA. It followed the prosecution of a local man in February 2008 after 30,000 pairs of counterfeit Burberry shoes were seized. The subsequent PoCA investigation revealed the defendant was also involved in a £72 million VAT Carousel fraud.

Other examples of significant cases involving IP crime include:

  • Six members of a group, who used high-tech equipment to produce 24 fake bottles of vodka a minute, were jailed for a combined total of 56 years in July 2010. More than 1.3 million litres of the illegal vodka was made in a warehouse in Hackney, East London, with an estimated value of £16 million. Confiscation proceedings are now underway.
  • A graduate from London was found guilty of breaching copyright by illegally recording films in cinemas. A mobile phone was used to record the films which were uploaded to the internet and made available to others to watch them or burn them onto illegal DVDs across the world.
  • Fake cigarette lighters displaying the Olympic symbol and stating London 2012 were discovered at car boot sales in Coventry. The London Olympic trade mark and the symbol of the Olympic Rings are protected trade marks, and steps are being taken to trace the supply of the lighters. Genuine London 2012 games merchandise will include a numbered holographic version of the official logo as part of the packaging or labeling.

The IPO is committed to improving the awareness of IP crime to businesses by providing a range of educational tools. The IP awareness campaign is supported by a varied programme of events, workshops and training seminars.

Giles York, IP Crime Group chairman and Deputy Chief Constable of Sussex Police said:

"Intellectual property crime is a real and serious threat to UK companies and consumers alike. This report highlights organised criminal methodologies and the dangers posed in fake products. The recently published IP crime strategy outlines plans for tackling criminals, disrupting the supply of pirated and counterfeit goods and reducing the incentives for IP crime".

Date of release: 9 August 2011







    英国知识产权大臣Baroness Wilcox指出:“假冒商品和盗版产品损害了英国经济。而一些假冒产品对粗心的消费者而言是很危险的。英国知识产权局接触了许多种类的假冒产品,如药品、酒精、电气等。英国政府将致力于解决这些问题。我们拥有一批勇于奉献的打击知识产权犯罪的团队,他们专门为贸易标准局和警察局等合作机构提供支持。我很高兴能看到政府机构、执法部门和产业界通力协作打击这些犯罪。报告强调了过去一年中在此方面取得的成就。” 

    报告把全国机构扣押的商品和采取的行动编列成表,同时强调了以打击盗版和假冒为目的的《犯罪所得法》的价值。《犯罪所得法》准许执法机构没收犯罪活动中的非法资产。2009年的MORI(益普索•莫里调查机构Ipsos Mori)调查发现,超过85%的人支持取得犯罪分子资产的所有权。 

    打击知识产权犯罪小组组长兼萨塞克斯警察署的副警察长Giles York说道:“知识产权犯罪对英国公司和消费者而言是一项真正而严重的威胁。报告强调了组织犯罪的方法以及假冒产品的危害。近期发布的知识产权犯罪战略制定了相应的计划以打击犯罪、终端盗版及假冒商品供应以及降低知识产权犯罪诱因。”(编译自ipo.gov.uk)



Executive Summary
Chapter 1: Crime and its impacts
A. Defining IP crime
B. Overall scope and scale
C. Dangers of fakes
D. Links to organised crime and other criminality
Chapter 2: Tackling IP Crime
A. Coordinated response to IP crime
B. Innovation and new initiatives
C. Spotlight on Europe - the work of the European Commission
D. Awareness and training
E. Sentencing, seizures and the Proceeds of Crime Act
Chapter 3: Results of the 2010/11 Survey of Trading Standards
A. Types of goods investigated
B. Where counterfeit/pirated goods have been investigated in 2010-11
C. Coordinated working
D. Levels of infringement
E. Levels of IP enforcement
F. Training
G. Resources
H. Proactive monitoring of the internet
I. Links to other criminality