Thus, rights holders, governments and the formal economy as a whole are suffering huge losses each year, while the criminal networks that are behind the trade profit enormously. Criminology provides the basis for understanding the offenders who are various types of counterfeiters. This is essential before selecting countermeasures. Defining the types of counterfeiters Before characterizing crime or criminal acts, it is important to review and define associated terms. No changes have been applied to the text. If your intended use exceeds what is permitted by the license or if you are unable to locate the licence and re-use information, please contact the.
Treasury and that had been sold to Iran in the 1970s. Each concept provides a different perspective to help understand the most efficient and effective countermeasure. Both agree that counterfeiting deliberately and fraudulently misrepresented the identity or the source of products. See: counterfeiting the crime of illegally copying currency, whether coin or note, intending to pass it or tender it as genuine. For consistency with the action defined as product fraud, the offenders are defined as fraudsters.
Original As Enacted or Made :The original version of the legislation as it stood when it was enacted or made. Counterfeiters often prey on consumer desire for low prices. The following section details the different types of offender organizations. Structure is also important since it forms the basis for the typologies of criminal organizations. Product counterfeiting may not be a formal organized crime group activity and the members conduct this crime with the knowledge of the organization but outside oversight. There are several key ways to identify, define, and classify offender organizations.
Better understanding each of these elements is consistent with the crime science perspective, which emphasizes the importance of crime events and criminal opportunities Clarke, ; Clarke, ; Eck, ; Eck,. Organised crime groups play an increasingly important role in these activities and benefit significantly from counterfeiting and piracy. Counterfeiters, in turn, seek to profit unfairly off of another company's good name. The typology model has implications for the classification of rapes, the investigation and potential preventive countermeasures of sexual attacks, and the treatment of victims. Nevertheless, counterfeiting in China remains rampant.
They also have more access to resources, technologies, and can even have more effective bribery, or violent measures to support their activities. In the United States, trademark counterfeiting is specifically prohibited by the Trademark Counterfeiting Act of 1984, which makes it a federal offense to intentionally use a counterfeit trademark. Markets and structure are important to understanding where and how product counterfeiting occurs and how to disrupt the specific activity. Furthermore, only 5-10% of the counterfeit products would be considered luxury goods Phillips,. Basic definitions Understanding the opportunity structure of counterfeiting begins with agreement on a basic definition. This paper does not consider copyright or digital piracy, currency counterfeiting, fraudulent documents, or artwork forgery.
There are a range of concepts that must be reviewed before developing a typology of product counterfeiters, counterfeiting, and offender groups. The composite model of stranger-rape consists of the four behavioral themes as different expressions of violation intensities. These are very important to business decision-makers and researchers when selecting or assessing the effectively of packaging countermeasures. For example, the term counterfeiting has two distinctly different uses. Examples include lethal amounts of melamine in infant formula, carcinogenic Sudan Red food dye, medicines with little or no active ingredients, aircraft replacement parts that fail, and substandard electrical cords that catch fire Hopkins et al. This paper begins with an overview of product counterfeiting and strategic business countermeasures.
Lax enforcement resulted in a new trade agreement in 1995, which was designed to give U. These terms are used for enforcement and prosecution. Civil lawsuits also can result from allegations of counterfeiting. The goods, however, are shipped and sold worldwide. It is illegal to manufacture, possess, or sell equipment or materials for use in producing counterfeit coins and currency. Operations Europol regularly supports operations to thwart counterfeiting, seize fake goods, shut down websites selling them, and arrest members of the criminal networks involved.
Supplementary material This article is published under license to BioMed Central Ltd. When developing proactive intervention steps, the food industry has adopted new test methods and it is now common practice to test for the melamine contaminant, which in and of itself creates a deterrent. Counterfeiting or conspiracy to distribute counterfeit goods can lead to state or federal criminal charges. For example, product theft and over-runs contribute vulnerabilities to the fraud opportunities. Scope of the problem Counterfeit products range from high-end consumer luxury goods such as watches, perfumes or leather goods, to business-to-business products such as machines, chemicals or spare parts, to common consumer products such as toys, pharmaceuticals, cosmetics and foodstuffs. Selecting optimal countermeasures can avoid unproductive effort, minimize costs, more quickly reduce the opportunities, and hopefully provide a longer lasting deterrent effect.
The different types of offender organizations are presented below National Intellectual Property Rights Coordination Center,. There are several different types of criminals presented in Table that fit the actions of counterfeiters including recreational, occasional, occupational, professional, and ideological Spink et al. The operation, led by Europol and Interpol, has had a number of successes, including the seizure of more than 10 000 tonnes and a million litres of hazardous fake food and drink in operations that spanned 57 countries. Product counterfeiting is a very complex threat that requires perspective from many disciplines for prevention. Another term that is sometimes synonymous with counterfeiter is fraudster b. The production, distribution, and sale of counterfeit items not only defrauds those buying the items, but also steals profits from the owners and distributors of the genuine articles. Also, the existence of stolen or diverted products in a market suggests supply chain vulnerabilities and a fraud opportunity for counterfeits to enter that market.