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RCMP Feature Focus: 2005 Economic Crime (Canada)

The Table of Contents for the RCMP Feature Focus: 2005 Economic Crime is available in html format at: toc_e.htm

Intellectual property (IP) crime in Canada – hazardous and costly

Potentially significant economic impacts

  • cost estimated between $10 – $30B annually – no comprehensive studies available
    • software piracy losses – approx. $736M/year, tax losses – approx $345M , job losses – approx. 32,000
  • 90% produced from external sources, 10% from domestic
    • Asia – particularly China – main source
  • increasing number of counterfeit goods seized – and a wider range of products and sale venues, including large retail chains
  • significant cross-border movement – both from and to the US
  • no longer confined to luxury goods and apparel
    • electrical products, pharmaceuticals, automotive parts, food products
  • organized crime – especially Asian-based – primary actor
    • often operate through import-export and retail companies – conceal counterfeit items in shipments of legitimate goods

Health and safety risks

  • resulting from a lack of quality control – includes fire hazards (electrical components), explosions (batteries), accidents (brake parts) and sickness or death (pharmaceuticals)

Consumer safety at risk

  • 517 power bars and 6,400 substandard electric cords with forged Underwriters Laboratories certification seized in January 2005
  • tests showed electric cord melted and burned
  • fake electrical products thought to be responsible for certain unwanted fires

Source: Media reports, 2005


Challenges to enforcement

  • still viewed as lower priority in some regions/ limited resources dedicated
  • enforcement partnering gap
  • gaps in intelligence on IP criminal activity
  • legislative gaps (penalties and prosecution)

IP crime…

  • current penalty may be insufficient deterrent (up to five years/$1M fine – no offence for possession)
  • not a designated offence under proceeds of crime legislation – police unable to confiscate assets from the sale of counterfeit goods
  • Canada on US watch list due to lack of intellectual property rights enforcement

Drugs vs intellectual property crime: a risk analysis

cocaine

Windows XP

3 kg = $90K

1,000 = $450K

fits a small box

fits a small box

conviction = 5 to 7 years

conviction = minimal fine

Source: RCMP, 2005


  • training in intellectual property enforcement will become increasingly important as intellectual property crime grow

Canada – copyright charges (2001-’04)

Charges

2001

2002

2003

2004

Total

general under Copyright Act (CA)

98

119

200

110

527

video (CA)

0

2

18

57

77

software (CA)

182

1,379

0

0

1,561

Criminal Code of Canada (CCC)

0

16

2

64

82

total

561

1,516

220

231

2,528

Note: Charges can be laid under the CCC (have to prove fraudulent) or CA (do not have to prove fraudulent)


Since counterfeiters spend no money on research and development, marketing, taxes or quality control, they operate with huge profit margins.

~ RCMP, 2005