Seminar on Enforcement of Intellectual Property Rights

Transcription

1 Rome, 10/11 May, 2017 Seminar on Enforcement of Intellectual Property Rights Guardia di Finanza Participants: Right Holders Representatives Guardia di Finanza s Tax Police School, Ostia

2 Online Counterfeiting A growing and widespread threat Col.t.ISSMI Vincenzo Tuzi Guardia di Finanza Intellectual Property Protection Special Unit Seminar on Enforcement of Intellectual Property Rights Rome may 2017

3 Agenda 3

4 from law enforcement point of view Volatility of web pages Fragmentation of illicit supplies Few pieces zero stock Supply chain unknown Framework analysis Serious threat for IPR s owner Growing menace Easy-going approach 4

5 Payment system with electronic money Presence of advertising demand Malware detected Used by regular people Rapidly increasing Payment Malware Increasing Advertising People Threat A serious threat to the future Framework analysis 5

6 Social media counterfeiter Online Counterfeiting: a growing and widespread threat Ordinary and young people Bidirectional Street vendors Very poor quality Few pieces Lower gains Framework analysis A buyer could be a supplier at the same time and vice versa Internet sellers Better quality More pieces Greater gains Supply chain 6

7 Social network Modus operandi Few pieces/zero stock Stock up only when negotiations had been concluded First contact on social only Cooperation with other people Change phone number Subsequent contacts on whatsapp Expedition through postal system No payments with electronic money Payments with cash upon delivery Framework analysis 7

8 Website inhibition Antitrust Identification of all individuals Tackle IPR infringement on the web Judicial Authority Global Investigative approach Follow the money Follow the hosting Capital measures Tax purposes Tax inspections Criminal law purposes penal code confiscation 8

9 Deep web Darknet Semantic search engines Visual analysis Internet anonymous access Global Investigative approach 9

10 Follow the money Follow the hosting block financial support Web Hosting VPS hosting reconstructing cash flows Cloud Hosting Server services Global Investigative approach ODISSEA operation piracy 10

11 Judicial proceedings with UC investigations Website inhibition Follow the money phase Measure by the Judicial Authority Check for handling of cash Expert evaluation Fake items Cooperation with IPR s owner Simulated purchase Delivering goods Provenance, consignor Cooperation with Express courier UC investigations Judicial Authority authorization Global Investigative approach Web Monitoring Website examination by photo Find out illicit web-site Cooperation with IPR s owner Cooperation with IPR s owner Hard discount of price or fake items 11

12 Judicial proceedings Follow the money Fiscal audit Capital measures Tax inspections Measure by the judicial authority Info on subjects Deepening on money Identification of individuals Cooperation with EM institutions Money tracing Cooperation with EM institutions Malware examination Website inhibition Advertising examination Investigations on advertisement companies Global Investigative approach Follow the money phase Check for handling of cash 12

13 Antitrust proceedings Consumer Code Website inhibition measure by the Antitrust authority Italian Competition Authority Antitrust Authority start an inquiry EC Directive n.29/2005 Expert evaluation Fake items Global Investigative approach Web Monitoring Website close Cooperation with IPR s owner examination Hard discount or fake items by photo Find out illicit web-site Cooperation with IPR s owner 13

14 Social network Closing web profile measure by J.A. Seizures of illicit goods by L. E. Search warrant of the suspected measure by J.A. Information of a crime to Judicial Authority Profile examination Cooperation with IPR S owner Goods could be fake Global Investigative approach Web Monitoring Cooperation with IPR S owner 14

15 Global Investigative approach 15

16 Seller s transposition not so marginal Sees items on counterfeiter s social web page Sends orders to counterfeiter Pays counterfeiter Receives items from Illicit website Customers Receives orders by customers Orders items on counterfeiting websites Pays items and directs them to customer Receives payment from customers Receives orders by Counterfeiter Receives payment by Counterfeiter Sends items directly to the customer Counterfiting Website Orders Case analisys Counterfeiter pseudo Money Items 16

17 Counterfeiting on internet and social network is surely one of the most important threat to the future Collaboration with Intellectual Property Rights holders is the most effective response to this challenge Need for greater collaboration of those working in the area of electronic payments to perform more positive results in "follow the money" approach. Incentive of undercover operations as simulated purchases would be desiderable Conclusion 17

18 The possibility to perform undercover ops in combacting counterfeiting on the web would have two positive effects Repressive Quite clear Preventive make available information that law enforcement and other anticounterfeiting organizations are going to buy counterfeit products on the web especially for social network sellers Conclusion 18

19 Thank you Online Counterfeiting: a growing and widespread threat Col.t.ISSMI Vincenzo TUZI Guardia di Finanza Intellectual Property Protection Special Unit tuzi.vincenzo@gdf.it Conclusion 19

20 Counterfeiting on social network: a growing and widespread threat, Case analisys 20

21 2017 Further Upgrade 21

22 Case analisys Business-orientated approach All photos catalogued with attention 22

23 28 million of users for Facebook linking every month 20 thousand and more of fake profiles 9 million of users for Instagram linking every month overall turnover 2 million euros and more per month Framework analysis 23