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)
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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
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Canada – copyright charges (2001-’04)
Charges |
2001 |
2002 |
2003 |
2004 |
Total |
general under Copyright Act (CA) |
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video (CA) |
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software (CA) |
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Criminal Code of Canada (CCC) |
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total |
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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 |
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