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International Cooperation in Intellectual Property Enforcement

International Cooperation in Intellectual Property Enforcement. Arnold H. Huftalen Assistant U.S. Attorney U.S. Department of Justice arnold.huftalen@usdoj.gov. COOPERATION IS REQUIRED. IPR crimes cross borders For profit To avoid detection IPR investigations must cross the same borders

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International Cooperation in Intellectual Property Enforcement

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  1. International Cooperation in Intellectual Property Enforcement Arnold H. Huftalen Assistant U.S. Attorney U.S. Department of Justice arnold.huftalen@usdoj.gov

  2. COOPERATION IS REQUIRED • IPR crimes cross borders • For profit • To avoid detection • IPR investigations must cross the same borders • IPR prosecutions cannot be successful without international cooperation

  3. Current International Cooperation Agreements • Limited • Not world wide • Some uniformity • Varies from country to country • Cumbersome • Most not designed for hi tech crime

  4. Council of EuropeCybercrime Convention • November 23, 2001 in Budapest, Hungary 30 countries signed the Council of Europe Cybercrime Convention • First multilateral instrument to fight cybercrime • Requires member countries to: • Enact cybercrime laws • Provide procedural authorities for law enforcement to investigate • Provide international cooperation

  5. G 8 • May 10-11, 2004 in Washington, DC Ministers for Justice and Home Affairs from G 8 countries, Canada, France, Germany, Italy, Japan, Russia, United Kingdom and United States, met to discuss . . . combating cybercrime and enhancing cyber-investigations

  6. G 8 Sub Group on High Tech Crime • Mission--to enhance abilities of G8 to prevent, investigate, and prosecute crimes involving computers, networked communications, and other new technologies • Created “24/7 Network” with “Points of Contact” for High-Tech Crime • currently 40 member countries

  7. 24/7 Network

  8. U.S. International Resources • Mutual Legal Assistance Treaties • Extradition Treaties • Law Enforcement Legal Attaches • Informal Law Enforcement Contacts • 24/7 Network

  9. Case Study • 2001—First U.S. Coordinated, International IPR Investigations & Prosecutions • Software Piracy/WAREZ • Operations: • Buccaneer • Bandwidth • Digital Piratez

  10. Case Study • 2004/2005—Operations Fastlink & Higher Education • Largest global enforcement action to date • 120 searches in 27 U.S. States and 10 countries • Searches in Belgium, Denmark, Great Britain, France, Germany, Hungary, Ireland, Israel, the Netherlands, Singapore, Spain, Sweden and the United States.

  11. Case Study • 2005—Operation Site Down • 90 searches in 10 countries • Australia, Belgium, Canada, Denmark, France, Germany, Israel, Portugal, the United Kingdom and the United States

  12. Case Study • 2007—Operation Summer Solstice • 2 year joint U.S./China investigation • More than 290,000 counterfeit software CDs and counterfeit Certificates of Authenticity (COAs) seized with retail value of $500,000,000 • Chinese & U.S. seizure of $14,000,000 worth of assets

  13. QUESTIONS Thank you, Arnold H. Huftalen Assistant United States Attorney U.S. Department of Justice arnold.huftalen@usdoj.gov

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