Criminalistics Characteristic of Crimes Connected to Copyrights
Date: November 05, 2003Source: Computer Crime Research Center
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There are some features of verification, on which it is necessary to stop more in detail.
Almost always it is necessary to commit verifying purchases, surveys of occurrence location and the objects having attributes of counterfeit products. Often check begins with them. The given actions should be committed and draw up in strict conformity with requirements.
In a course of the verifying purchase, law enforcements should fix all circumstances, it is very important to check waybills, receipts, license agreements, contracts, etc.
Special difficulty is connected to survey of a plenty of withdrawn objects. If each of them does not look round at the scene, it is necessary to pack and seal carefully all withdrawn products and to certify this fact by signatures of participants of survey, and then experts should make report. Integrity of packing of objects at the moment of the beginning of carrying out of their additional survey is fixed in the report at the subsequent survey.
In a course of verification the inspector may receive explanations: from the applicant, from the persons who have allowed infringement of his rights, etc.
At interrogation of the person engaged in distribution of counterfeit production, it is necessary to find out:
- How long time is he engaged in trade of audiocassettes, VCR cassettes, computer disks or other production; whether has conceive sold production?
- Where does he get the goods; how does he execute records on receipt and sale; how does he get the money for the work, where does he store production?
- What is known about an origin of the goods?
- Is he owner or seller?
- Who is the owner of the goods?
- What documents on the goods does he have, where are they kept?
- What is an average proceeds from sales for a day? What days does he sell usually? What are proceeds from sales for day of detention (for the day before detention)?
- Did he understand, that goods are counterfeit, that the sake is illegal?
- Does he know how the license product looks, how much does it cost?
- What does he know about consumer properties of the goods?
- Does he guarantee quality of the goods?
- Where does he usually sell goods, what places in addition to disclosed?
- Has he earlier been detained for similar offences? Has he heard about detention of other persons for such infringement?
- How much and what goods he had in the beginning of trading day what price, how much sold, where is the proceeds, how was a verifying purchase, whether he has any remarks to the made report?
- How long time is he engaged in business; what kinds of activity?
- Is he registered as the businessman; where, when, can he confirm it?
- When did he submit the income statement last time and where, what taxes did he pay?
It is obvious, that urgent interrogation made directly after verifying purchase and survey of withdrawn objects can give greater effect.
Information on copyrights can be obtained on demand from the organizations conducting registration of legal owners. Besides it is possible to address to the primary source that is the organization, whose properties are, for example, in credits of videofilm.
For definition of size and character of the caused damage it is necessary to request corresponding documents, including the information on cost of a similar product in other specialized enterprises. Average cost of a product will allow the inspector to determine conformity of the declared claim.
By the moment of decision-making on initiation of criminal case, it is necessary to have information on the following questions:
- Whose rights are broken, is there statement from legal owners or their representatives;
- What is evidence of the applicant’s copyrights (registration in the Scientific research institute of intellectual property, registration in other organizations, including international; inquiries on registration, certificates, licenses, other documents);
- What is the way of infringement?
- Use of the right (reproduction, performance, distribution, etc.);
- Plagiarism;
- What is damage, what it consists of;
- Are there are qualifying attributes of group or organized.
Collected information on the questions, will allow to make the proved decision on criminal case initiation.
The search in residence or storage of production is made with the purpose of detection other sets of counterfeit production, revealing and withdrawal of the various relevant documentation (contracts, commodity - transport waybills, documents on sale).
Survey of withdrawn production with the expert is made for fixing its conformity to the typical samples distributed by the legal owner.
Examination for revealing attributes of counterfeit; a recognition of withdrawn production as material evidences.
Interrogation of the person for finding-out an origin of withdrawn production.
Interrogation of witnesses among neighbors on point-of-sale, relatives, familiars on the important circumstances.
Interrogation of victim.
Besides it is necessary to request the information on cost of similar programs in the specialized shops and to ascertain legal owners on withdrawn production; it can be made by request information from World Intellectual Property Organization (WIPO).
In summary it is necessary to emphasize, law enforcement commit operational search actions on this criminal cases, with the purpose of an ascertainment the ways of receipt the production; places of its manufacture; criminal relations; studying of the offenders, including: demand an information from the centers of employment; organs of government as for registration of offender as businessman; ascertainment of legal owners, etc.
The information collected in such way, will allow to formulate accusation and to solve the problem on election of a preventive punishment
1. V. Golubev. Criminalistics Characteristic of Cybercrimes’ Committers. http://www.crime-research.org/eng/library/Golubev_mar.html
2. Scientific comment of Ukraine’s Criminal Code /under edition of Honoured lawyer, the candidate of Law M. Melnik, candidate of Law M. Khavronjuk/. - K.: “Kannon”, “A.C.K.”.- 2001.
3. Ukraine’s Code of Criminal Procedure - K., 2001
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