Combating counterfeiting and piracy: the Commonwealth initiative

This article notes the various components of intellectual property (IP) and the traditional forms of protection for IP owners. It also explains trends in the infringement of IPR, particularly in the nature of counterfeiting and piracy, the raison d’etre and the resulting impact in Commonwealth Countries.

The article also comments on the legislative developments in Commonwealth countries designed to provide a stronger deterrence and the multi‐sector approach adopted in the implementation of the legislation. Finally, it brings attention to the collective concerns of Member Countries and the recent steps taken to develop and adopt a framework of cooperation in order to combat the menace of counterfeiting and piracy.     

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.     

An empirical examination of product counterfeiting crime impacting the U.S. military

Counterfeit parts in the U.S. Department of Defense (DOD) supply chain threaten national security by compromising critical military operations and placing the lives of military service members at risk. With the goal of illustrating the nature of the risk as it relates to types of counterfeit parts, how they entered the supply chain, and were identified and processed through the criminal justice system, we assemble and analyze open-source information on criminal schemes involving counterfeits in the DOD supply chain. We utilize the Product Counterfeiting Database (PCD) to capture every indicted scheme linked to the DOD and describe characteristics of the schemes, offenders, and victims. These data provide empirical insights into the counterfeiting of parts and equipment in the DOD supply chain. We conclude with an overview of key issues to consider when weighing opportunities for product counterfeiting as well as implications for policy and practice.     

Fear of terrorism: media exposure and subjective fear of attack

In many Western countries, citizen knowledge of terrorist events is intrinsically shaped by the style of broadcasted messages published by the media. Media discourses regarding terrorist acts raise questions about how such rhetoric elicits fear in people who typically experience such events through news reports. However, we do not fully understand the impact of the media on perceptions of terrorism as clearly as we understand the relationship between the media and fear of crime. This study examines how media sources accessed actively (e.g. through newspapers; Internet) or passively (e.g. through television; radio) influence knowledge and fear of terrorism. We find receiving information about terrorism from multiple media sources increases fear of terrorism, but media sources accessed passively are not as influential as media sources accessed more actively. These results highlight how media consumption from various sources may affect one’s fear of terrorism, and further illustrates how the role of perceived knowledge may exacerbate or mitigate fear. Implications for policy and practice are discussed.     

Views from the Top and Bottom: Lawmakers and Practitioners Discuss Sex Offender Laws

The perceptions and attitudes that policymakers and criminal justice practitioners have about sexual offending and sexual victimization affects how state lawmakers respond to sex crimes, and how practitioners implement sex offender legislation. Policymakers continue to create new sex offender laws and, as such, the number of convicted sex offenders continues to rise. Thus, policymakers and criminal justice practitioners are increasingly important players in the public policy response to sexual criminals. To better understand the motivation, rationale, content, and purpose of statewide sex offender laws, and their role in the day-to-day management of convicted sex offenders, a non-probability sample of policymakers (n?=?61) and criminal justice practitioners (n?=?25) from across the country were interviewed. Results indicated that nearly all respondents from both groups were familiar/very familiar with their state-level sex offender laws. Policymakers and practitioners also mentioned the influential role that specific victimizations play in creating a perceived need for more sex offender legislation. The politicians and the practitioners view the laws as effective public safety mechanisms. Still, both groups noted serious problems with the laws. Furthermore, policymakers had a more negative attitude about the efficacy of sex offender therapy than criminal justice respondents. Suggestions for future research and policy implications are offered.     

Reflections on law and impact in the light of Brexit

ABSTRACT

The impact agenda in academic research affords rich opportunities – to inform the media, policymakers and the general public; to co-produce research with third sector organisations. In the context of Brexit, the prevailing ignorance of politicians and other stakeholders has been so profound, and the falsehoods that have had popular purchase so baseless, as to make the need for impact and public engagement all the more acute. This is not simply about fact-checking, but about making the case for the very worth of expertise, and reasserting the basic, core scientific values that drive academic work – values that have been trashed by the precepts of a postmodern nihilism, in which all positions are equally (in)valid and only your own gut can be trusted. But challenging these precepts in public arenas has personal and professional costs: significant workload implications, the acquisition of new skills and often a torrent of abuse. As such, this work needs institutional support. Departments need to value it appropriately, to promote equal access to impact opportunities and to confront the discriminatory barriers to (and consequences of) taking up the impact gauntlet. Throughout the Brexit process, expertise and experts have been dismissed and denigrated. The task now is to restore public faith in the value of the pursuit of truth.     

The presentation of drugs in the news media: The news sources involved in the construction of social problems

We use content and ethnographic methods to analyze news media coverage of crime, drug offenses, and celebrated cases. We document the sources cited in crime stories to determine which officials are used to define what is important about crime as it is presented to the public. This analysis demonstrates that the organizational constraints of news production determine the presentation of the great majority of crime stories. The media rely on criminal justice sources to increase efficiency of news production. The involvement of sources in the standard production of news, however, gives them an opportunity to take advantage of important social problems and celebrated cases. We examine the sources cited in crime stories, drug stories, and celebrated cases to document how the news process evolves according to the importance of the story. Implications for understanding crime and the role of the media as an institution of social control are discussed.     

Forensic examination of security features of the CDC-issued COVID-19 vaccination card and suggested improvements to minimize counterfeiting

During the COVID-19 pandemic, the United States released the CDC-issued vaccination card to document the status of immunizations. It eventually was used as a verification system to allow patrons to safely access public venues. This is/was apparently a simple printed piece of paper with minimal security features which made it an easy target for counterfeiters with little expertise required. Those unvaccinated who wished to enter areas that required proof of the COVID-19 vaccine were soon finding alternative illegal methods to do so which led to public health concerns. This research was divided into two parts. Part A aimed to forensically identify the security features with a video spectral comparator and a stereomicroscope. Ten “known” blank cards were collected directly from dispensaries that administered the vaccine and 68 “unknowns” from individuals who received the COVID-19 vaccine. Part B aimed to evaluate the authentication systems employed by countries outside the United States to propose a model on how the vaccination card could be improved and what security features should be included for future instances requiring proof of immunization. The results revealed the CDC document was produced with minimal security features making the document prone to counterfeiting. Furthermore, based on the information collected from other countries' vaccination certificates, it is recommended to develop a dual authentication system, with digital and printable aspects, that contains a QR code linked to a database. Other security features may include a non-optical brightener substrate, security fibers, a watermarked logo, offset printing, and a geographical color-coded system.     

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.     

Notes on a (sex crime) scandal: The impact of media coverage of sexual abuse in the Catholic Church on public opinion

PurposePublic opinion scholarship has identified the media as a driving force behind decidedly negative public sentiment about crime and justice. We draw on this media cultivation framework to examine whether the highly publicized sexual abuse scandal within the Catholic Church impacted public opinion.MethodsUsing data from a 2010 CBS/New York Times national poll we investigate how exposure to news coverage detailing the abuse affected levels of public confidence in the Church’s ability to protect children.ResultsContrasting with prior research, we uncovered a positive impact of media exposure. Catholics with greater media consumption about the scandal were significantly more confident in the Church’s ability to prevent sexual abuse. In addition, indicating a “boomerang” effect of coverage, Catholics who felt the media coverage unfairly targeted the Church held more optimistic views. Supporting the substitution thesis, religiosity mediated these effects among this group. This positive impact was not just limited to Catholics, however. Non-Catholics who perceived the media coverage to be biased felt more positively about the Church’s ability to address sex crime in the future.ConclusionMedia consumption of the sexual abuse scandal does not exert a negative influence on public confidence in the Church.     

Frame Spillover: Media Framing and Public Opinion of a Multifaceted LGBT Rights Agenda

Between May and July 2003, a shift in how the US public viewed the legality of consensual homosexual sex occurred. While in May the largest percentage of respondents to date supported decriminalizing such activity, that percentage dropped eleven points two months later. Similar declines in support were evident in the same period over a range of gay and lesbian rights claims. The ruling in Lawrence v. Texas (2003) decriminalizing homosexual sex is the obvious intervening event. To explain this pattern, coding of print and televised news coverage of the ruling throughout 2003 was undertaken. Coverage was not overtly negative in terms of antigay rhetoric or hostility toward the judiciary; rather, the dominant media frame focused on the implications of Lawrence for an entirely separate rights issue: marriage equality. This article examines the dynamic of frame “spillover,” or the idea that media focus on a distinct and not widely supported rights claim in a multifaceted rights agenda might depress support across the entire rights agenda. The findings call for further research, and they have implications for scholarship on public opinion, social movement framing, and ideational development and policy debate as studied within the broader field of American political development.     

为什么公正的判决会被公众指责为不公

之所以会出现公正的判决被公众指责为不公的情况,其根本原因在于法律世界与生活世界认知模式迥然有异。这种差异表现在事实认知、法律认知和法律判断形成上。大众传媒出于某种认知偏好,往往会对司法裁判的信息进行选择和重构,此后再公之于众。这种选择和重构在某种程度上妨碍了全面客观地反映司法裁判,加剧了公正的判决被公众指责为不公的情况。要减少此类现象,必须引导公众以正确的方式理解司法裁判。而这种引导既是法院的责任,也是大众传媒的责任。     

Defining A Product Market for Spanish-Language Broadcast Media: Lessons from United States v. Univision Communications,Inc. and Hispanic Broadcasting

In 2003, a media merger with dramatic content and policy implications went largely unnoticed. Little attention was paid to the transaction because it did not affect the majority; it affected the largest minority population in the United States: Hispanics. Although up to 65% of Hispanics prefer Spanish-language media, most broadcast media now come from one corporation, Univision. In approving the consolidation of Univision and Hispanic Broadcasting, the FCC ignored product market findings by the Department of Justice as well as its own policy precedent, which includes numerous exceptions for Spanish programming to promote content and ownership diversity. Consistent with the FCC's mandate to protect the public interest, a demand-side analysis is undertaken, positioning the audience as consumer. Industry evidence, product market thresholds, and ownership rules are applied to United States v. Univision, Inc. and Hispanic Broadcasting, with the conclusion that a separate product market must exist for Spanish language broadcast media.     

Why Do Some Terrorist Attacks Receive More Media Attention Than Others?

Abstract

Terrorist attacks often dominate news coverage as reporters seek to provide the public with information. Yet, not all incidents receive equal attention. Why do some terrorist attacks receive more media coverage than others? We argue that perpetrator religion is the largest predictor of news coverage, while target type, being arrested, and fatalities will also impact coverage. We examined news coverage from LexisNexis Academic and CNN.com for all terrorist attacks in the United States between 2006 and 2015 (N?=?136). Controlling for target type, fatalities, and being arrested, attacks by Muslim perpetrators received, on average, 357% more coverage than other attacks. Our results are robust against a number of counterarguments. The disparities in news coverage of attacks based on the perpetrator’s religion may explain why members of the public tend to fear the “Muslim terrorist” while ignoring other threats. More representative coverage could help to bring public perception in line with reality.     

Social and economic impact of the commercialization of the Argus II artificial retina in the United States

Each year, the United States invests about $45 billion in research conducted by federal researchers within federal laboratories. These efforts generate extensive social benefits when results are transferred to the private sector. It is important that we effectively quantify the economic and societal impact of federal technology transfer activities to inform taxpayers and policymakers about the value of public investments in this form of research. The Argus II device, an artificial retina commercialized in the United States by Second Sight in 2013, provides a rich example of how private sector innovation can be enhanced by research collaborations with federal labs and academia. Over the 25-year journey from idea to product, Second Sight carried out research and development collaborations with six Department of Energy national laboratories and seven universities. The case of Argus II also offers valuable insight into (1) how private industry, academia, and government can work together to bring socially beneficial innovations to fruition and (2) the tradeoffs inherent in these public–private collaborations. In this paper, we use a Markov model to estimate the realized and potential future social benefits associated with Argus II. We provide an interactive tool that can be used to replicate our findings and modify assumptions using updated patient information as it becomes available. We also provide insight into the aspects of federal involvement surrounding the development of Argus II that contributed to its successful commercialization and discuss other spillover benefits from these public–private collaborations.     

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。     

The Representation of Two Competing Visions on the Fundamentals of Copyright: A Content Analysis of Associated Press News Coverage on Copyright, 2004–2009

The importance of the public's understanding of copyright has increased in the digital age, and mainstream media play a significant role in informing the public of copyright law and policy. This study identifies two competing visions on the fundamentals of copyright—the private property vision and the public policy vision—and examines which vision is more predominantly covered by mainstream news media via a quantitative content analysis of Associated Press wire service stories on copyright. The findings suggest that, although the number of sources favoring copyright users’ rights has somewhat increased in the most recent two years, overall the private property vision has been more dominantly covered than the public policy vision in the AP news stories. The study concludes that the mainstream media coverage on copyright needs to move toward a more balanced point where both sides of the debate have an equal chance to present their views.     

‘It’s Not OK’, but ‘It’ never happened: parental alienation accusations undermine children’s safety in the New Zealand Family Court

ABSTRACT

While the public campaign slogan in New Zealand when referring to family violence, is ‘It’s Not OK’, many women in New Zealand report that the Family Court prefers the catchphrase ‘It never happened’. When women and children escaping violence and abuse reach out to the New Zealand Family Court for protection believing the justice system will help them, they often enter an alternative reality where they are not believed and are subsequently made less safe. This is particularly so for those women whose well-founded fears for their children’s safety get reinterpreted as evidence of a deliberate attempt to alienate the children from their fathers. The Backbone Collective, an independent organisation, surveyed New Zealand women about their experiences in the Family Court, finding that many women reported being accused of parental alienation. This paper investigates the sources of these allegations of parental alienation and how they impact mothers and their children. We argue that the use of parental alienation in the New Zealand Family Court is undermining the international rights of children.     

The Diffusion of the Concept of Public Figure in China

This article considers how and why the legal concept of public figure, which holds public figures to a higher standard that makes it more difficult for them to recover damages when suing for libel, has been diffused in China. The public figure concept developed in the U.S. context as an extension of New York Times v. Sullivan from public officials to public figures, reflecting the deeply embedded value of freedom of expression. Despite authoritarianism in China, the concept was adapted in the rulings of some local courts to define the limits of the right to reputation. The diffusion was a response to a stream of litigation against media organizations. In the process of diffusion and adaptation, courts have acted strategically to reshape the public figure concept and refashion its justifications. Given the political constraints on courts in authoritarian China, they have been careful to avoid applying the concept to public officials, and instead have applied the concept to public figures such as celebrities. The diffusion of the concept in China sheds light on theories of legal diffusion more broadly, by illustrating how the process of diffusion can be bottom‐up and open‐ended, and how it can occur even in a counter‐intuitive case in which there are significant political and ideational differences between the two countries.