PIPCU Referral Guide

Transcription

1 PIPCU Referral Guide

2 The Intellectual Property Office (IPO) is the national coordinator on intellectual property crime (counterfeiting and piracy). The Intelligence Hub coordinates and exchanges criminal intelligence between intellectual property enforcement agencies and the private sector in the UK and overseas. In 2013 the IPO announced 2.56m of funding to set up PIPCU and for its first two years. PIPCU has seen significant success in its first years of operation and in October 2014 the IPO announced a further 3m of funding to We strongly encourage victims to report IP Crime, and to use this referral booklet to help you when you are making your referrals to PIPCU. The IPO can be contacted on ipintel@ipo.gsi.gov.uk. 2

3 Introduction The Police Intellectual Property Crime Unit (PIPCU) is a specialist police team dedicated to protecting UK industries that produce legitimate, high quality, physical goods from intellectual property crime and combating online digital piracy where it impacts upon the UK economy. The operationally independent unit was established in 2013 with funding from the Intellectual Property Office and is part of the Economic Crime Directorate within the City of London Police, the National Policing Lead for Fraud. This guide has been created as a direct result of feedback from investigators and stakeholders and sets out PIPCU s priorities and the case referral process. If you would like further information, or would like to speak to a member of the team, our contact details are on page 12. Peter Ratcliffe Detective Chief Inspector 3

4 Our Remit The Police Intellectual Property Crime Unit investigates, disrupts and prevents serious and organised intellectual property crime which causes significant harm or damage to the UK economy or the general public. PIPCU will focus on IP crime in relation to: Physical goods with an online nexus Digital Content These priorities were agreed by the PIPCU Steering Group which consists of representatives from the Intellectual Property Office, the City of London Police and various rights holders and industry bodies. 4

5 Case Acceptance The factors that are considered when determining whether a case is accepted for investigation are: Crime Type Whether the case falls within our remit. Organised Crime Whether the offences are believed to be planned, coordinated and conducted by people working together on a continuing basis and the extent to which those involved have been identified. Harm and Loss Whether the criminal activity has the potential to endanger public safety and the extent of any actual or anticipated financial loss or reputational harm to the rights holder or referrer. Ongoing Criminal Activity Suspected criminality should be current. Cases where the criminal activity has ceased or is historical will only be investigated in exceptional circumstances. Asset Recovery Opportunities Whether there are realistic opportunities to recover the proceeds of intellectual property crime. Successful Prosecution There must be sufficient lines of enquiry available to identify the primary suspects. There must be a realistic prospect that the case will result in a successful prosecution. PIPCU will not consider accepting a case which has been investigated by another law enforcement or Trading Standards agency unless it is referred by that agency. PIPCU will not investigate cases involving counterfeit pharmaceuticals, foodstuffs or tobacco, however we can facilitate onward referral to the appropriate agency. 5

6 Referring a case to PIPCU Before referring a case to PIPCU you should conduct an investigation that leads you to believe that criminal activity within PIPCU s remit has occurred and: Conduct reasonable lines of enquiry to identify the primary suspects and their role in the offences. Identify and secure relevant original evidence, exhibits and other material and where possible signpost where further evidence may be available. All investigation prior to a referral to PIPCU should be conducted in the spirit of the Regulation of Investigatory Powers Act 2000 and be cognisant of the requirements of the Criminal Procedure and Investigations Act Any activity that may make the suspects aware of potential police interest is likely to limit the effectiveness of an investigation and may impact upon whether the case is accepted by PIPCU. If you have urgent concerns about continuing criminal activity please contact PIPCU prior to taking any action. 6

7 Completing the referral form The online referral form can be found at: You should complete the form with as much detail as possible to enable a full assessment of the circumstances of the case. If you have already spoken to a member of PIPCU about the case they may not be the person who assesses the referral. You should complete the form in full and not assume that the reader has any knowledge of the case. 7

8 Do Clearly explain what criminal activity you have investigated, how the offences were identified and the basis of any suspicions or inferences. Provide a summary of your investigation and all enquiries that you have conducted. Provide all known information about the main people involved, how they were identified and the roles they are believed to play. Clarify whether you believe others to be involved in the criminal activity, whether they are identified or not, and the roles they are believed to play. Provide key evidence and describe the other relevant material that you hold. Identify the individuals who can provide evidence in the case. Identify any potential evidence from other sources. Summarise the harm that has been or is likely to be caused to rights holders or the general public. Contact PIPCU if you are unsure about a specific question and would like guidance. Don t Take any action that would alert the suspects without prior consultation with PIPCU. Make assumptions without explaining your rationale. If you need to share particularly sensitive information to support your referral contact PIPCU to agree an appropriate method. 8

9 After Your Referral If your referral is accepted PIPCU will commence an investigation which you will be expected to support through to the conclusion of any subsequent court proceedings. In particular you should provide witness statements, exhibits and other evidence or material expeditiously in timeframes agreed with the investigating officer or Crown Prosecution Service. A failure to do so could impact the effectiveness of the investigation and the ultimate outcome. If your referral is not accepted You will receive a letter from the Detective Inspector that sets out the rationale for the decision. PIPCU will endeavour to identify alternative options to address the matter and may suggest that you contact other agencies. If you wish to discuss this outcome further please contact PIPCU. If your referral is not within PIPCU s remit The referral will not be assessed and you will receive a letter from the Detective Inspector. PIPCU aims to provide a decision within 10 working days of receipt of your referral. If the case is complex, or further information is required, and a decision is unlikely in this timeframe the Detective Inspector will contact you. 9

10 Investigation parameters In order to make the best use of resources PIPCU will focus investigations upon the key elements of a case and, where appropriate, may apply disruptive tactics that seek to minimise harm. PIPCU will work closely with the Crown Prosecution Service to achieve the most appropriate outcome to an investigation that is proportionate to the criminal activity identified. Relevant material The police have a duty to retain all relevant material in an investigation that is not used in evidence. You must not destroy, delete or alter any material, e.g. notes, documents and computer records, connected to a case until the conclusion of any associated court proceedings. 10

11 You are being robbed Economic Crime is treated differently by those outside our industry. There is a lasting perception that bribery, fraud and IP infringement are somehow different: victimless crime is the popular perception. The reality is that UK plc is losing more money to economic crime than to all other crime types. And the truth is that, whether through internal fraud or IP theft, someone is probably stealing from your organisation right now. Intellectual Property Crime is a particularly challenging field. With a highly complex legislative framework and significant challenges in dealing with a threat global in nature, making sure you invest in your capacity to prevent losses is of paramount importance. The Economic Crime Academy was set up specifically to give companies the tools and techniques needed to best protect themselves in an ever evolving threat landscape. As part of the City of London Police we have unparalleled access to the operational knowledge and world-class intelligence capacity of the National Policing Lead for Fraud. We provide workshops and training to corporate leaders in the financial sectors, seasoned investigators and global policing. To find out more about what we can do for you, contact us. academy@cityoflondon.pnn.police.uk

12 PIPCU is continuously seeking to improve our service and encourages feedback from individuals and organisations that refer cases for investigation. In particular we welcome comment that would enhance this document so that it meets the needs of investigators and rights holders. Contact information Telephone: To submit a referral: Complete the online referral form at: Supporting information should be sent by to: PIPCUreferrals@cityoflondon.pnn.police.uk