The Shady Business of Intellectual Property Right and White Collar Crimes
White-collar crime is a daily topic in the news, but it’s not a new phenomenon. With reference to the previous article I wrote, in this article I would like to shed some light on shaded Intellectual Property Right and white-collar crime. This article defines white-collar crimes and how to analyze them.
It cites six characteristics of white-collar crime: superior and middle-class criminal dominance, monetary interest motives, nonviolence, systematic personality, breach of trust, and widespread damage. It also sheds light on additional aspects of practical definitions that can be applied to various and even rapidly changing historical contexts. This article is about the dubious business of intellectual property rights and white-collar crime.
It examines the relationship between intellectual property (IP) and economic crime (WCC) and identifies future studies that may benefit policymakers. Federal, state and local governments; and the general public.
This study identifies some of the economic, political, and legal theories that support the creation and maintenance of intellectual property law, as well as those that support criticism of intellectual property protection.
Infringement of intellectual property rights and controversial intellectual property rights also show how intellectual property rights violations relate to the WCC and conflicting concerns and prejudices among a wide range of intellectual property rights stakeholders. Is explained to highlight.
Introduction
The term intellectual property generally refers to thoughts, inventions, literary creations, unique names, business methods, processes, formulas, and computer programs. Since the creation and dissemination of intellectual property is an integral part of economic, social and cultural development, legislation has been passed around the world to define and protect the rights of those who develop intellectual property.
There are several laws that protect intellectual property, including patents, copyrights, trademarks, and trade secrets, which are enforced mainly by legal action and enforcement.
White-collar crimes protect themselves to acquire money or property, avoid cash or property payments or losses, or provide business or personal benefits. This definition, along with other definitions recently proposed by scholars, goes beyond the usual WCC definition of crimes committed by high-ranking people and focuses on crime rather than perpetrators.
The main purpose of developing and enforcing Intellectual Property Law is to promote the public interest through the skills of authors and inventors. However, the fact that intellectual property infringement is associated with other crimes, including terrorism, makes these efforts difficult.
For example, the profits from the illegal sale of counterfeit goods and insurance fraud 8 are due to terrorist activities and funding of other gangsters. Intellectual property abuse has also helped to gain legitimate symbols (such as corporate brands) of fraudulent sales, investment fraud, and collection of personal information (such as theft of personal information).
This study identifies many economic, political, and legal theories that support the creation and maintenance of intellectual property law, as well as those that support criticisms of intellectual property protection.
A drastic review of the literature on all areas of intellectual property is beyond the scope of this study, but this review identifies many issues and concerns related to intellectual property, not just intellectual property. We have laid the foundation for collecting information from primary sources. Related Crimes.
For example, property rights and controversial intellectual property rights are explained, and conflicting concerns and prejudices among various intellectual property rights parties on how intellectual property breaches relate to the WCC. Is identified.
Towards the definition
In this edition, the terms white-collar crime and white-collar crime are used interchangeably. To avoid the tedious task of useful definitions, many authors rely on an unsystematic, case-by-case approach to process a list of related crimes.
Therefore, white-collar crimes typically include the following crimes committed primarily by companies, their owners, executives or employees, as well as members of government or local government officials and professional groups: fraud, corruption: Embezzlement, embezzlement and misdemeanour, tax fraud, property theft, trade, concealment, misappropriation, misrepresentation of monetary statements, pricing, illegal cartel and environment, violations of health and safety regulations.
Historically, individuals who committed white-collar crimes were not recognized as “typical criminals” involved in theft, manslaughter, or murder, so it has been a long time to classify this type of crime as a crime. it took time. T
hey did not belong to what was strictly considered a criminal environment. It also gave the impression that white-collar crimes are not victimless crimes and are less harmful to society than crimes such as robbery. In some countries, white-collar criminals may face much lower penalties than other types of criminals.
Based on the theory of sociologist and criminologist Edwin Hardin Sutherland, he not only coined the criminal term white-collar crime in 1939 but also made it clear that it was not just crime. The corporate world has begun to change with lower-class perpetrators.
In particular, Sutherland, who had previously collaborated with juvenile criminals in the new immigrant ghetto, pointed out certain similarities, such as the impact of the cultural environment.
This idea goes against the existing prejudice that high-ranking persons do not commit crimes, or that white-collar crimes only occur in exceptional cases where they are merely technical violations without moral negligence.
Considered one of the most influential criminal scholars of the 20th century, Sutherland was in contradiction with the broad view that crime was caused by poverty or biological and psychological factors.
He said the total damage caused by white-collar crimes was many times greater than all other crimes combined. He also spoke against the relative indulgence of white-collar crimes perpetrators compared to “normal” crimes.
The privileged position of white-collar criminals is that it is the result of several factors. Their crimes are particularly difficult to prosecute because the perpetrators use sophisticated means to hide them.
They also often have the political power to hire the simplest lawyers, influence the legislative process for their benefit, and bribe prosecutors and judges as needed. In addition, the distortion of the court category works in their favour. The law is generally considered non-binding, at least for the business elite.
Sutherland quoted a fraudster who described the US legal system as follows:
The law is a kind of spider web. It’s made for flies, so it’s made for small insect species, but it allows large bumblebees to breakthrough. Whenever legal proceedings got in the way, I was ready to get rid of them easily.
Based on these observations, we propose a more general definition of white-collar crime for historical analysis.
The following six elements are neither inclusive nor overall white-collar crimes but should be included in a reasonable definition of white-collar crimes or white-collar crimes.
- According to Sutherland’s classic definition, white-collar crimes are committed by decent and socially superior persons as part of their professional activities. Defendants usually do not belong to the lower class, even if employees of subordinates such as accountants and traders occasionally cause huge damage (like Nick Leeson, who defeated Barings Bank in 1995). Instead, they attend good schools and very often prestigious colleges, have no criminal records and have all the characteristics of the middle to the middle class.
- White-collar crime is an illegal act whose main motivation for the perpetrator is economic interest. Individuals, groups and businesses deliberately commit illegal acts to earn monetary income that cannot be recovered by legal means.
- White-collar crimes are generally non-violent, at least as far as direct physical violence is concerned. This is done in the context of normal non-criminal business transactions and is often not the core business model itself. White-collar criminals spend most of their time with perfect and legitimate businesses. Although it may overlap with organized crime, its core activities include the use or threat of physical violence, but it is advisable to separate the two phenomena. The Mafia and similar groups are founded primarily as criminal organizations operating in illegal markets, and “ordinary” companies are founded as legitimate institutions, issuing business reports, working with authorities and paying taxes. Moreover, they operate primarily in legitimate markets and do not consider violence as a standard practice.
- White-collar crimes are often systematic and are part of either the corporate culture within the enterprise or the culture around the enterprise. When selling a product to a corrupt government. In the first case, the company’s management mechanism is usually weak, intentional or unintentional, hindering the prevention and investigation of white-collar crimes. Therefore, it is difficult to judge individual responsibility. Defendants routinely deny liability and point out bosses who instigated crimes and subordinates who unknowingly committed suspicious acts without permission.
- All economic transactions rely on a certain level of trust, without which transaction costs are only too high for economic activity. White-collar criminals abuse the integrity of stakeholders, from customers to the general public, shareholders to government agencies. Therefore, white-collar crimes often coincide with a breach of trust.
- Victims of white-collar crimes are often difficult to identify because the damage is widespread. Bribes can lead to the expansion of public projects, resulting in higher taxes for all citizens of the country. White-collar crimes do not seem to be victimless crimes, as these facts are often withheld. It causes considerable harm, but the damage is widespread.
These six elements of white-collar crime, namely delinquents from the upper and middle classes, monetary motivation, nonviolence, systematic personality, breach of trust, and widespread damage, are even those.
Even if there is, it does not lead to a completely satisfactory, comprehensive definition that goes beyond a purely case-related approach. Due to the fluidity between legal affairs and white-collar crime, finding a definition of this term can be difficult.
White-collar crimes are not the same in different countries and periods, unlike murder and theft, whose definition has been fairly stable over the centuries and in different countries. This is a very agile target. What is counted as a normal business practice can be a crime in the short term. Bribes were even tax-deductible until the law changed and practices were criminalized.
The theoretical foundation for property protection
Traditionally, the justification of intellectual property law has been based on the view that strong intellectual property protection is best, if not the only means of facilitating innovation and economic processes.
This view is widespread, but opposition to intellectual property protection has been going on for hundreds of years. Views on the acceptable role of states and law in the development of intellectual property vary widely among economics scholars, political theorists, sociologists, legal professionals, enforcement agencies, and various intellectual property consumers.
One of the consequences of government involvement in intellectual property issues was the criminalization of the use and exchange of intellectual property, so a study of these diverse views assesses the nature and consequences of intellectual property law. It is a necessary part to do and is the result of personality and intellectual property infringement.
Recent discussions in favour of weak intellectual property protection include the claim that the level of intellectual property protection is often conversely related to innovation, economic processes, and global health.
In particular, weak protection tends to lower market prices, which are claimed to stimulate economic growth. With strong protection from the creation of monopolies, manufacturers can accumulate “pause patents” to gain market share, thereby hampering both innovation and economic processes.
In addition, strict safeguards, including the Trade Agency Agreement (TRIPS) on aspects of trade-related property rights, can threaten global health by limiting access to life-saving drugs, especially in developing countries.
This permanent and currently unresolved argument raised more questions than the solution, but because there is no cumulative empirical evidence in part, the dialogue is for the evaluation of future research. It should be a useful addition to the summary of issues and concerns related to IP enforcement.
Economic theory
From an economic point of view, the main purpose of intellectual property law, like many other laws, is to produce desirable results that cannot be achieved by economic processes or competition.
In particular, IP law needs to partially secure future economic benefits from IP products as an incentive to invest in today’s research and development (R & D). Without such protection, innovation is expected to decline, as acquisition costs cannot be covered in a free-market environment.
In 1962, Kenneth Arrow identified three reasons why perfect competition in the case of inventions could not optimally allocate resources. It is a risk, inadequate, and inseparable. R & D often requires a significant investment of time and money, both in terms of risk and inseparability.
There is a theory that if an invention effort fails, the cost does not bring a reasonable economic benefit to the inventor. When successful, the value of making a primary prototype is usually much greater than the value of making a subsequent copy, but pricing (in the free market) tends to be more closely related to the latter. there is.
Political theory
The justification of intellectual property law relies heavily on economic assumptions, but we also believe in political theories such as the notion that ideas should be considered property and that the government should protect that type of property.
Therefore, studies of intellectual property law, including violations of these laws, are the basis for determining whether the results of intellectual property law are consistent with the established belief system of the society to which the law applies.
An analysis of political theory should be included. -The Labor Theory of John Locke’s Property-The thing made by a private person through a mixture of labour and resources claims to be the individual’s only property. While this dictum focuses on individual rights, it also requires that no one else is placed in a worse position as a result of the acquisition.
The provision raises the question of which is worse. One answer from Robert Nozick is that individuals get worse when they lose the opportunity to improve the situation. Ostergard upheld this definition and argued that those who were economically banned from buying life-saving alternatives were getting worse. Therefore, the Intellectual Property Law is currently designed and cannot be justified by Locke’s working theory.
This analysis identifies the major weaknesses of intellectual property law as a lack of distinction between essential and non-essential intellectual objects, or a tendency to treat all intellectual objects equally.
To distinguish between essential and non-essential objects, Ostergard suggested using a standard of physical well-being. For example, by this standard, music is considered insignificant because people are not aggravated by financial impediments to the purchase of replacement music CDs.
Other criteria for distinguishing intellectual objects are improvements in physical and general well-being, including intellectual and cultural improvements. According to these criteria, music and movies are accepted as essential objects, without which individuals are exacerbated.
Legal Basis for Intellectual Property Rights
Early versions of current US patent law were adopted in the colonial United States, facilitating the incorporation, dissemination, and use of technical knowledge in the United States. These and other intellectual property laws were later developed as national needs changed and their status changed from importers to exporters of intellectual property.
Intellectual Property Protection, Definition
Patent: Protects new and useful processes, machine manufacturing or material composition, or inventions or discoveries of new and useful improvements
Copyright: Protects the original work, especially those who are anchored in a concrete means of expression, and grants the owner the privilege to propagate, adapt, distribute, execute, and display the work.
Trademark: Defined as a word, name, symbol, device, or any combination thereof, a person uses and uses in a commercial transaction to identify and distinguish a product from, manufactured or manufactured by another person, and to indicate its source. What is intended to be [registered]? Even if this source is unknown, the product.
Business Secret: Defined as a hint from the company.
The provisions of both criminal and civil law sanctions for infringement of intellectual property are explained in detail in federal and various state laws. The appendix to this report provides a basic explanation of state intellectual property law, including reasons for challenging intellectual property, public use of protected intellectual property, and penalties for violations.
One of the key controversies over piracy estimates is the disagreement over how much money intellectual property owners have made without infringement. For example, if an infringing copy is not available, it is unlikely that all owners of the infringing material will buy a licensed copy, so the loss of selling the illegal copy.
It is unrealistic to equate with. Piracy reports are also challenged by the argument that some infringements, such as downloads for personal use, should not be considered illegal, or at least distinguished from other types of IPR crimes. Has been done. Losses are difficult to estimate and report, but published statistics are often a useful way to convey the extent of intellectual property infringement.
Crimes related to property i.e, IPR and White Collar Crimes
Intellectual property infringement is often categorized as a type of white-collar crime, especially white-collar theft and fraud. For example, an illegal copy of a movie intended to sell a counterfeit copy to others for commercial purposes is defined by its definition as it involves the fraudulent or fraudulent acquisition of property for business or personal gain. It may be a WCC.
The sale of counterfeit medicines also includes deceiving manufacturers and their contents for illegal gains. Therefore, the illegal use of secrets to develop marketable products involves deceiving the truth of thoughts and information. In addition, intellectual property infringement is often used to encourage other WCCs, such as:
- Investment fraud (for example, using a legitimate company trademark to mislead investors).
- Concealment (eg, concealment of funds obtained through the sale of counterfeit goods).
- Fraudulent sales (eg creating fake websites to deceive customers).
- Fraud (for example, the use of personal data obtained from misused databases, or the use of personal data solicited using abused trademarks belonging to legitimate companies).
- Other online scams (such as the fraudulent acquisition of American Red Cross donations).
- Extortion (eg, systematic efforts to abuse intellectual property). When
- Tax evasion (for example, failure to report income earned from infringement of intellectual property rights).
One of the main public concerns about intellectual property infringement (as a type of WCC) is the threat to public health and security not only abroad but also in the United States. For example, in Los Angeles, investigators arrested five people for selling counterfeit power tools from brands such as Makita, Black and Decker, and DeWalt, and put up counterfeit UL (from Underwriters Laboratory) stickers to show that the tools are safe. I read it and approved.
In this case, $ 9.7 million worth of counterfeit goods were confiscated. In other cases, counterfeit medicines, medicines and aircraft parts have been found to pose a threat to the general public. The Web is one of the easiest places to access your intellectual property illegally as an intermediary for other criminal activities.
For example, in one case of market manipulation, an employee of a telecommunications company called Pairgain used trademarks and other symbols copied from the Internet to create a website like Bloomberg’s financial website. The purpose of this trademark infringement was to justify the report as Bloomberg’s report that workers provided false information about Pairgain’s activities. Given the clear legitimacy of the report, workers were willing to manipulate the value of Pairgain shares and make a profit by selling his privately owned shares at artificially soaring prices.
As another example, a trader in Texas manipulated share prices by posting a false handout attributed to PR Newswire related to Lucent Technologies having a shortfall in quarterly earnings on a Yahoo Finance message board.
These cases demonstrate the frequency with which the web commits IP violations with the intention to commit WCCs. In light of the fact that WCC is usually supported by deception, and IP like a trademark can represent a product or brand that is generally recognized as valuable or reliable, it’s not surprising that IP violations also involve other WCC.
Contrary to common opinion, concealment is another WCC that is frequently connected with IP violations. With regard to concealment, general attempts are made to disguise funds obtained through criminal activity or their ownership.
There is an association between IP violations and concealment, which prompted the federal concealment statute to include specific references to copyright infringement and the activity of trafficking in counterfeit products.
The end result of those changes is that any cash derived from certain kinds of IPR violations used to fund specific types of crimes is taken into account by concealment.
Organized Crime and property Rights Violations
It has been claimed that the Racketeer Influenced and Corrupt Organizations (RICO) statutes were passed in order to eradicate gangland within the United States by improving evidence-gathering procedures, by establishing new statutory prohibitions, and by providing enhanced sanctions and new remedies to address the unlawful activities of those involved in gangland.
The RICO statutes were designed to allow for the punishment of crimes, including certain types of intellectual property violations, that form a pattern of organized behavior, in order to take advantage of the fact that much of the power. of gangland gangs is derived from the cash they create through various forms of [illegal] social exploitation.
Also included in this area of law is the capacity to penalize IP owners who violate their rights in inappropriate ways. For instance, a cable company allegedly threatened to sue customers of another company that sold decoder boxes for pirating cable channels, if the customers did not pay a (settlement) fee to the cable company.
A court upheld the customers* rights to sue the cable company and their firm under RICO because the false representations (which supported the mail and wire fraud charges) led to the misrepresentation that the mere purchase of a descrambler was illegal to gain money (which served as a predicate for bringing RICO charges).
Ownership Controversy
The cause of serious conflicts in the legal and intellectual property debate is not only between countries but also differences in cultural norms between groups defined by age and behaviour. For example, people who connect to web culture often have different views on the proper use of the intellectual property than people in the compulsory community.
Individuals in different countries may have different views on the proper use of intellectual property due to different intellectual property laws or practices generally accepted in the community. Intellectual property beliefs and views can support legal, social, or ethical considerations and, more importantly, have profound implications for community members who are not easy to give up.
Difficulty structure
This special issue analyzes the history of white-collar crime using case studies from the 4th century. We are also trying to investigate the causes of these crimes because of their impact on crime, politics, society and other perpetrators, and because of the form of corporate governance. It also examines the public’s perception of these crimes. In other words, the purpose of this topic is to history white-collar crime and its public perception. The equivalent applies to training processes and measures for states, industry associations, self-regulators, and companies.
We are also pursuing inventions in the latest legal categories to address crimes that often cause these crimes in the technical sense. Ask if the spread of white-collar crimes is the result of increased economic regulation and increased potential crime. Finally, we will discuss the training process and measures by states, industry associations, self-regulators and companies.
Conclusion
White-collar crime is not only a really big area but a vaguely defined problem. This introductory article seeks to go beyond the definition of case-by-case to identify the number of core elements of white-collar crime.
The empirical essays in this volume cover a considerable range, ranging from fraud to corruption, from environmental crime to manipulating privatization processes, and from legislators, authorities, and civil society reactions to misconduct and organized cases. Specializes in phenomena. crime.
Nevertheless, the essay in this volume leaves many gaps. Future studies require more detailed, archive-based case studies of individual companies and crimes, as well as a general history of certain types of crimes.
We need to analyze legislation and law, businesses as potential perpetrators and victims, and the response of society as a whole to the challenge of white-collar crime. White-collar crime is an integral part of capitalism, and it’s time for scholars to explore this dark and long-ignored aspect of economic history.
edited and proofread by nikita sharma
