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Intellectual Property and White Collar Crime: Report of Issues, Trends, and Problems for Future Research

NCJ Number
Trends in Organized Crime Volume: 8 Issue: 4 Dated: Summer 2005 Pages: 62-78
Annette D. Beresford; Christian Desilets; Sandra Haantz; John Kane; April Wall
Date Published
17 pages
After examining the association between intellectual property (IP) and white-collar crime, this paper suggests future research.
IP is any product of the human intellect that is deemed unique and potentially valuable in the marketplace, including an idea, invention, literary creation, unique name, business method, industrial process, chemical formula, and computer program. In 2003-04, the National White Collar Crime Center examined the link between IP and white-collar crimes. The study's goal was to identify future research that would benefit policymakers in developing IP law; Federal, State, and local agencies in enforcing IP law; and the general public in understanding IP issues. The study canvassed mainstream and marginal views on IP laws and identified major problems associated with IP violations, including the facilitation of other white-collar crimes, such as investment fraud, money laundering, and identity theft. The methods for obtaining this information included a review of the literature in a variety of relevant fields, a review of information and data on IP rights violations and white-collar crime, and inquiry in areas that directly deal with IP laws and enforcement practices. Major challenges that impede efforts to reduce IP rights violations include increasingly sophisticated technology for reproduction, increasing activities in global commerce and communications, and significant differences in social and legal norms throughout the world. To address these challenges, there should be greater efforts to understand, if not agree, about how IP should be protected, distributed, and shared in a multinational context. 44 references


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