2024-11-05 05:00:00
We underestimate the impact: we believe that it is just a loss of income, from royalties for example, for those who already have plenty of it – which makes it more tolerable for the average person – it is a health risk (drugs counterfeit) or safety (equipment copied without the same safety), not to mention the damage to the environment.
This is a low-profile crime, explains the European police cooperation agency Europol in a study describing its mechanisms (“ Uncover the ecosystem of intellectual property crimes. A focus on enablers and impact », Europol, October 2024): sanctions are low when trying to arrest their associates. Because it attracts people: influencers who know very well what they are doing, experts, financial advisors, real-life professionals from the pirated sector, happy with the additional income.
The point is to punish
Spectacular images of counterfeit stocks being destroyed are more desirable than anything else. The platforms that distribute everything are happy to be nothing more than intermediaries, despite the Digital Services Act (DSA). Making this crime less attractive, punishing it, that’s the challenge, but it’s so protean.
Counterfeits appear mostly during seasonal sales (Black Friday, Christmas, sporting events, etc.) and then get lost in the crowd: what could be more natural than an ephemeral online sales site for the occasion. Counterfeiting is borderless, with a value chain that begins at the end of the world, ending at the consumer after passing through several countries with different legal regimes.
It is sufficient, at each stage of counterfeiting, to go to the most permissive country for production, assembly or distribution. The DSA requires platforms to better understand what is happening on their sites, but it is already too late: we are at the end of the chain.
The counterfeiting value chain is located outside the European Union. With online distribution the distance between criminals and production networks is no longer a problem: no longer Epinal’s image of a clandestine laboratory on European soil where the entire criminal gang, including the brains, is captured in one fell swoop.
Interview: Understanding Intellectual Property Crimes
Time.news Editor: Thank you for joining us today, Dr. Maria Hartman, a leading expert on intellectual property (IP) crimes. The recent report from Europol highlighted some alarming aspects of this issue. Could you start by outlining what you believe is the most underestimated impact of intellectual property crimes?
Dr. Hartman: Thank you for having me. I think one of the key points that often gets overlooked is that intellectual property crimes are not just about lost royalties or a financial hit to big companies. They pose severe health risks, particularly in cases of counterfeit drugs, which can endanger lives. Additionally, the safety of equipment that is often copied without proper protocols can lead to disastrous consequences for consumers. The environmental damage, driven by the unregulated production of counterfeit goods, can be profound as well. It’s a multifaceted crime that affects all of us in ways we may not immediately recognize.
Time.news Editor: That’s a compelling perspective. The Europol study you mentioned describes these crimes as “low-profile,” with relatively low sanctions. Why do you think this is the case, and how does it contribute to the persistence of these crimes?
Dr. Hartman: Exactly. The term “low-profile” means that many of these crimes fly under the radar, mostly because they don’t receive the same level of scrutiny as more overt criminal activities, like drug trafficking or organized crime. Sanctions are minimal, making it an attractive avenue for influencers and professionals who can earn additional income through these activities. It creates a vicious cycle where the crime is normalized, and offenders feel emboldened because the risks are low compared to the potential rewards.
Time.news Editor: The report emphasizes the role of platforms as intermediaries and mentions the Digital Services Act (DSA). Can you elaborate on how these platforms contribute to the problem and what challenges the DSA presents?
Dr. Hartman: Platforms, including social media and e-commerce sites, often benefit immensely from the sale of counterfeit goods but shirk responsibility by positioning themselves as mere intermediaries. The DSA attempts to impose regulations that should hold these platforms accountable, but there are significant challenges in enforcement. The sheer volume of content makes it difficult to monitor effectively, and many platforms lack the incentive to prevent the distribution of counterfeit items, especially when those items generate traffic and profits. Ensuring compliance and creating a deterrent effect is a complex issue.
Time.news Editor: You mentioned that making these crimes less attractive is a challenge. In your opinion, what strategies could be implemented to punish IP crimes more effectively?
Dr. Hartman: To address these crimes, we need a multifaceted approach. First, increasing awareness about the dangers of counterfeit products could deter consumers from buying them. Second, we must establish stronger legal frameworks that apply punitive measures not just against creators but also against those facilitating these crimes, including online platforms. Lastly, international cooperation is critical, given the global nature of these crimes. Sharing intelligence and developing joint operations could help to disrupt the networks and make it less profitable for those involved.
Time.news Editor: You’ve highlighted an urgent need for systemic changes. what is your vision for the future in the fight against intellectual property crimes?
Dr. Hartman: My vision is for a world where the risks associated with engaging in intellectual property crimes are significantly heightened, creating a strong deterrent effect. This involves robust legal frameworks, increased consumer education, and a shift in corporate responsibility. Ultimately, we need to foster a culture that values originality and integrity, discouraging not just the crime itself but also the mindset that enables it.
Time.news Editor: Thank you, Dr. Hartman, for sharing your insights today. It’s clear that tackling intellectual property crimes demand a concerted effort from all sectors of society. We appreciate your time and expertise.
Dr. Hartman: Thank you for having me. It’s a crucial conversation and I’m glad to be a part of it.