Assessing the developing knowledge-base of product counterfeiting: a content analysis of four decades of research

Considering the steady and rapid growth of product counterfeiting and the damage it causes to society, it is important for criminology and criminal justice scholars to assist criminal justice officials, industry practitioners, and law makers in understanding the product counterfeiting problem and developing strategies to combat it. However, for researchers to be effective in their advisory role they must first establish what is known about product counterfeiting. As a first step in this process, we investigated relevant published research through a content analysis of 47 articles discussing product counterfeiting published in criminal justice and criminology journals through 2014. We analyzed various characteristics about the articles themselves, their authors, the journals they appeared in, and the nature and extent of their focus on product counterfeiting. We conclude this study with an evaluation of the state of product counterfeiting research and recommendations for future research.     

民刑交叉视角下的假冒注册商标罪客观要件研究

假冒注册商标罪犯罪构成的客观要件与商标假冒侵权的构成存在交叉,有必要在犯罪客观要件构成的判断中吸收商标假冒侵权的判断标准。商标许可的存在应以合意说为标准,服务商标也应纳入刑法保护,相同商标是视觉上基本无差别的商标。同一种商品的判断以《商标注册用商品和服务国际分类表》《类似商品和服务区分表》为参考,综合考虑一般公众的认识。商标使用的判断需要加入识别来源的功能性考量。如果有证据能够证明双相同也不会导致混淆,则可排除犯罪成立。在商品类别比对中应以核定使用的商品范围为据,但对连续三年不使用的商标不宜提供刑事保护。     

Towards a more proactive approach to brand protection: development of the Organisational Risk Assessment for Product Counterfeiting (ORAPC)

Through an adaptation of a terrorism risk assessment model, this article develops an initial proactive product counterfeiting risk assessment that is designed to focus upon a specific product’s risk for being counterfeited. The goal of developing this risk assessment is to help corporations identify the products that are most at risk for counterfeiting, thereby giving them the ability to focus their resources in the areas where the greatest opportunities for crime are present. This risk assessment is intended to serve as the first line of defence in a comprehensive and proactive brand owner strategy centred on identifying product-specific counterfeiting risk. The assessment comprises three factors that, together, capture a product’s counterfeiting risk level: the threat of product counterfeiting, the brand owner’s vulnerability to product counterfeiting and the potential consequences of a counterfeit product entering the market and reaching consumers.     

False Profits: Why Product Counterfeiting is Increasing

Product counterfeiting has grown in scope, scale and complexity in the last two decades, and now affects many areas of manufacturing and retailing from clothes and CDs to items such as shampoo and vehicle components. Based on a wide range of interviews in the UK, this article argues that despite recent legislative change and increased criminal penalties for counterfeiters, enforcement is haphazard, resource problems often dictate that no criminal prosecution is undertaken, and actual penalties remain low. Moreover, questions of whether or not a particular item is counterfeit have become greatly complicated by the development of outsourcing and the rise of parallel trading. These points suggest that counterfeiting is likely to grow in the future.     

System architecture practices to facilitate Department of Defense technology transfer

This paper explores the possibilities of combining DOD technology transfer mechanisms to systems architecture techniques as a means to shorten program acquisition timelines while still providing high technology, robust tools to the women and men serving in the United States military. A literature search demonstrates that few articles have been published on the relationship between systems architecture and technology transfer. However, any DOD laboratory that employs more than 200 scientists and engineers is required by law to have a full time Office of technology transfer, so why has so little research been performed on the synergies between the two DOD disciplines? This paper will describe the ways that the systems architecture tools and practices, and technology transfer transactional mechanisms available to all DOD laboratories, can be utilized to increase knowledge sharing with small business and industry partners to shorten acquisition cycles.

     

军事刑事诉讼概念的反思与重塑

军事刑事诉讼既是国家刑事诉讼的有机组成部分,同时又是与普通刑事诉讼相对而言的一种特殊刑事诉讼。对国家刑事诉讼来说,二者是部分与整体的关系;对普通刑事诉讼来说,二者则是个别与一般的关系。军事刑事诉讼之所以有存在的必要,不是基于它的一般性,而是基于它的特殊性,本文所要探讨的正是后者。     

Human drugs and biologics; determination that informed consent is NOT feasible or is contrary to the best interests of recipients; revocation of 1990 interim final rule; establishment of new interim final rule. Food and Drug Administration, HHS. Interim final rule; opportunity for public comment

The Food and Drug Administration (FDA) is revoking its 1990 interim final regulations that permitted the Commissioner of Food and Drugs (the Commissioner) to determine that obtaining informed consent from military personnel for the use of an investigational drug or biologic is not feasible in certain situations related to military combat. FDA also is issuing a new interim final rule addressing waiver of informed consent in military operations. FDA is taking these actions based on its analysis and consideration of all relevant facts, including its evaluation of the Department of Defense's (DOD) experience during the Persian Gulf War, its evaluation of the comments received by the agency in response to the agency's July 31, 1997, request for comments on whether the agency should revise or revoke the interim regulations, and the enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (the Defense Authorization Act). Under the Defense Authorization Act, the President is authorized to waive the Federal Food, Drug, and Cosmetic Act's (the act) informed consent requirements in military operations if the President finds that obtaining consent is infeasible or contrary to the best interests of recipients and on an additional ground that obtaining consent is contrary to national security interests. In light of the enactment of the Defense Authorization Act, with an immediate effective date, and because the President could be called upon to make a waiver determination for military personnel engaged in a specific military operation at any time, the agency believes that it is critical to have in place adequate criteria and standards for the President to apply in making an informed consent waiver determination. Therefore, FDA is issuing a new interim final regulation with an immediate effective date to establish criteria and standards for the President to apply in making a determination that informed consent is not feasible or is contrary to the best interests of the individual recipients.     

From the Instrument of Delivery to the Actual Agent of Harm: Fighting the Criminal Purchase of Ammunition

The illegal trade in ammunition in the Netherlands seems to be a small-scale problem. However, as a result of high profits and a small chance of being caught, it is an extremely attractive criminal activity for malicious individuals. The criminal purchase of ammunition is facilitated by weaknesses in the logistic supply chain for legal ammunition, current legislation on the purchase, possession, transport and use of ammunition and the inadequacy with which Dutch government agencies enforce the laws. The fight against the criminal purchase of ammunition could benefit from the adoption of an automated registration system by arms dealers, the use of a different type of freighting method for legal ammunition transport and a common approach by European law enforcement agencies.     

Crimes committed by terrorist groups: Theory,research, and prevention

Statement of Purpose: A decline in state-sponsored terrorism has caused many terrorist organizations to resort to criminal activity as an alternative means of support. This study examines terrorists' involvement in a variety of crimes ranging from motor vehicle violations, immigration fraud, and manufacturing illegal firearms to counterfeiting, armed bank robbery, and smuggling weapons of mass destruction. Special attention is given to transnational organized crime. Crimes are analyzed through the routine activity perspective and social learning theory. These theories draw our attention to the opportunities to commit crime and the criminal skills necessary to turn opportunity into criminality. Through these lenses, the research appraises the “successes” and “failures” of terrorists' engagement in crime. Because “failures” can result from law enforcement efforts to (1) interrupt criminal skill development, and/or (2) remove criminal opportunities via technologies and transportation systems, the research represents a best practices approach to the study and control of terrorism. This project was supported by Grant No. 2003-DT-CX-0002 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.     

Association for Methodology and Documentation in Psychiatry Profiles Predict Later Risk for Criminal Behavior and Violent Crimes in Former Inpatients with Affective Disorder*

Abstract: Few studies have investigated criminal and violent behavior in patients with affective disorders. We reviewed the national crime register for records of criminal offenses committed by 1561 patients with affective disorders and studied the predictive value of certain psychopathological symptoms assessed with the Association for Methodology and Documentation in Psychiatry (AMDP) system concerning future criminal behavior. Sixty‐five (4.2%) patients had been convicted in the 7–12 years after discharge (307 cases). Patients with the AMDP syndrome mania had a significantly higher risk for later criminal behavior. The combination with the hostility syndrome further increased the risk. These findings are in line with previous data indicating a higher risk for later criminal behavior in patients with a manic/bipolar disorder compared to depressive disorder. As previously demonstrated in another sample of schizophrenic patients, the AMDP syndromes mania (and hostility) is associated with a higher risk of later criminal behavior.     

WTO规则与中国知识产权刑事立法——以美国诉中国知识产权执法措施案为背景

2007年,美国就中国知识产权执法措施向WTO提起申诉,美国三项指控中最重要的指控即中国知识产权刑事立法门槛过高,导致对知识产权保护不利,其主要法律依据为WTO的TRIPS协议第61条。本文使用WTO争端解决机构在解决争端时惯用的"条约法解释规则方法"和"综合审查原则方法",模拟站在WTO争端解决机构的角度,详细考查TRIPS第61条的上下文、TRIPS协议的目的和宗旨、中外知识产权刑事立法的历史区别、中外知识产权刑事立法体系的区别,以及中外对"构成商业规模的蓄意假冒商标和盗版"刑法规定的区别,得出如下结论:中国知识产权刑事立法虽然有待进一步完善,但并没有违反TRIPS协议第61条的规定。     

Criminal Justice Through “Colorblind” Lenses: A Call to Examine the Mutual Constitution of Race and Criminal Justice

A central paradox defines the scholarship of criminal justice and race: while racial disparities manifest throughout the criminal justice system, it is often portrayed as race‐neutral. We identify two central paradigm shifts: one in penology (that focuses on risk) and one in racial ideology (that focuses on colorblindness) that create a perfect storm; criminal justice apparatuses produce an illusion of racial neutrality while exacerbating racial disproportionality. We join an expanding list of scholars encouraging discourse that engages critical race theory on an empirical level and import this approach to the consideration of race within the criminal justice system. We identify issues with the conceptualization and operationalization of race as a variable within criminal justice research and recommend that scholars consider the mutual constitution of race and criminal justice. That is, scholarship must examine and empirically measure how race and criminal justice institutions actively form and inform each other.     

LIFE-COURSE TRANSITIONS AND DESISTANCE FROM CRIME*

Sampson and Laub (1993) provided a major contribution to the study of criminal careers by linking criminal behavior to life-course transitions, such as marriage, employment, and entry into the military. To interpret their findings, these investigators relied exclusively on control theory. In a sharp departure from that position, this study offers evidence that life-course transitions affect criminal behavior by altering relations with delinquent peers. Focusing on marriage, the analysis shows that the transition to marriage is followed by a dramatic decline in time spent with friends as well as reduced exposure to delinquent peers, and that these factors largely explain the association between marital status and delinquent behavior. The findings suggest that changing patterns of peer relations over the life course are essential for understanding criminal life-course trajectories.     

The extent to which demographic characteristics determine international drug couriers’ profiles: a cross-sectional study in Istanbul

Transnational crime syndicates (TCS) have increasingly been deploying couriers to transport narcotics. TCSs develop innovative strategies and constantly recruit couriers that demonstrate fewest risk indicators. As a counterstrategy, drug-enforcement agencies launch courier-profiling programs and identify the emerging risk factors. Demographic factors and ethnic origins are often cited by the international literature as noteworthy risk factors in drug-enforcement agencies?? courier-identification schemes. This cross-sectional study aimed to investigate whether demographic characteristics and ethnic origins play any significant role for courier recruitment in Turkey. The population of this study consisted of international drug couriers who were detained between 2006 and the first 6?months of 2010 and charged with drug offenses (importing/exporting drugs) in Istanbul/Turkey. The data was collected through content analysis of criminal case files. This research revealed that several demographic factors and nationalities have a significant relationship with courier recruitment.     

Methamphetamine impurity profiling using a 0.32 mm i.d. nonpolar capillary column

Classification of seized methamphetamine by impurity profiling can provide very useful information in criminal investigations of drug traffic routes, sources of supply and relationships between seizures. The aim of this study is to improve and develop an analytical method for detecting impurities such as starting materials and by-products in illegally prepared methamphetamine.HCl samples. A 50mg sample of methamphetamine.HCl was dissolved in 1 ml of buffer solution (four parts 0.1M phosphate buffer pH 7.0 and one part 10% Na2CO3). Impurities were extracted with 0.5 ml of ethyl acetate containing four internal standards (ISs) (n-decane, n-pentadecane, n-nonadecane and n-hexacosane) and analyzed by gas chromatography (GC) using a flame ionization detector (FID) on a DB-5 capillary column (0.32 mmi.d. x 30 m, film thickness 1.0 microm). The use of a middle-bore column offered better separation of the impurity peaks. The correction of the retention times of impurity peaks with four ISs made peak identification very accurate for subsequent data processing. Twenty-four characteristic peaks were selected for comparison and similarity and/or dissimilarity between samples, and the data were evaluated by the Euclidean distance of the relative peak areas after logarithmic transformation. The results indicate that the present method would be useful for methamphetamine impurity profiling.     

Proactive counter-terrorist strategies in conflict with human rights

Three standard governmental policy responses to terrorism have been identified: a military one, treating the fight against terrorism as a form of warfare; a police-based one, treating it simply as a form of criminal activity, to be detected and then defeated using (perhaps some modified version of) the criminal justice system; and a political one, viewing it as a form of armed rebellion to be resolved through negotiation and the political process. All three responses to terrorism may be evident in any particular instance.     

春秋时期的刑罚概念

春秋人尚未对刑罚概念的内涵和外延做出严格的界定,当时实际运用的刑罚概念有三种,即：（１）狭义刑罚,（２）广义刑罚,（３）“治民”之刑,可称中义刑罚。     

Abolition of plea bargaining in the coast guard

In the administration of criminal justice, the abolition or restriction of plea bargaining has raised many issues. Of primary concern is the impact on court systems and case dispositions. This research note looks at the Coast Guard military justice system and its 1975 decision to abolish pretrial agreements, effectively eliminating plea bargaining in that system. Studying criminal cases from 1973 to 1978, we determine if that intervention in a time series exhibits any potency. Specifically, what difference did the abolition of plea bargaining make? We find that the abolition of plea bargaining did not make much of a difference to the Coast Guard military justice system, similar to the conclusions drawn from studies of civilian courts.