White Collar Crimes and IPR Related Offences.pdf

This document contains the details of white collar crimes and IPR related offences in India.

1. WHITE
COLLAR
CRIMES AND
IPR RELATED
OFFENCES
PRESENTED BY - ARITRAA
DASGUPTA
LL.M - SEM 2
STUDENT I.D - 2322215005035

2. CONTENTS
INTRODUCTION 01
WHITE COLLAR OFFENCES 02
03
INTELLECTUAL PROPERTY
CRIMES
04 STATUTORY LEGISLATIONS
05
INTELLECTUAL PROPERTY AND
HUMAN RIGHTS
06
RESEARCH
07 SOCIETAL IMPACT
08CONCLUSION

3. Introduction
The National White Collar Crime Center (NW3C) conducted a study in 2003-04 to
explore the relationship between intellectual property (IP) and white-collar crime
(WCC). The study aimed to understand this connection better and identify areas
for future research beneficial to policymakers, law enforcement agencies, and the
public. Researchers reviewed literature and engaged with experts through
interviews and questionnaires to gather insights into IP issues and WCC. White-
collar crimes in India refer to non-violent offences typically committed by
individuals or organisations in business or professional settings. These crimes
often involve deceit, fraud, or corruption and are characterised by their financial
nature.

4. White-collar crimes in India refer to non-violent offences
typically committed by individuals or organisations in
business or professional settings. These crimes often involve
deceit, fraud, or corruption and are characterised by their
financial nature.
WHITE COLLAR OFFENCES
•➔ Fraudulent actions taken to obtain money, assets, or property
held or owned .
•➔ Corruption: involving public officials abusing their authority or
positions for private gain.
•➔ Cybercrimes like data breaches, phishing, identity theft, and
hacking.
•➔ The unlawful use, reproduction, or distribution of another
person's intellectual property, such as patents, copyrights, or
trademarks, is known as intellectual property (IP) theft.
•➔ Money laundering or the process of hiding the sources of illicit
funds so they appear lawful. In order to hide the true source of the
money.
•➔ Insider trading: or when someone purchases or sells stocks
using insider information through which they are gaining an
unfair competitive advantage.
KINDS :

5. Intellectual property crimes
Intellectual property (IP) crimes refer to
illegal activities that involve the
infringement, theft, or misuse of
intellectual property rights. Intellectual
property encompasses creations of the
human intellect, including inventions,
literary and artistic works, symbols,
names, images, and designs used in
commerce. IP crimes can take various
forms, including but not limited to :
COPYRIGHT INFRINGEMENT
01
TRADEMARK INFRINGEMENT
01
02
03
04
05
06
07
08
PATENT INFRINGEMENT
TRADE SECRET THEFT
COUNTERFEITING
SOFTWARE PIRACY
CYBERCRIME
PLAGIARISM

6. STATUTES PROHIBITING
WHITE COLLAR CRIMES
The government of India has introduced various regulatory
legislations, the breach of which will amount to white-collar
criminality. Some of these legislations are Essential Commodities
Act 1955, the Industrial (Development and Regulation) Act,
1951.,The Import and Exports (Control) Act, 1947, the Foreign
Exchange (Regulation) Act, 1974, Companies Act, 1956, Prevention
of Money Laundering Act, 2002.
IPC IT ACT, 2000 POCA, 1988
Section 403, 405, 415
etc. of the Indian Penal
Code contains
provisions to check
crimes such as Bank
Fraud, Insurance fraud,
credit card fraud etc.
Section 43 and 44 of Information
Technology Act prescribes the
penalty for the following offences
like Unauthorised copying of an
extract from any data ,
unauthorised access,
introduction of viruses, damage
to computer system.etc.
Section 12 - Whoever abets
any offence punishable
under this Act, t, shall be
punishable with
imprisonment for a term
which shall not be less than
three years, but which may
extend to seven years and
shall also be liable to fine.

7. Although the right to the protection of moral and material interests resulting
from any scientific, literary, or artistic production, is a human right as defined
in the UDHR and the ICESCR, the current system of intellectual property
protection conflicts with and even violates rights that are considered to be
fundamental to human life. Although intellectual property instruments are
certainly used to violate essential civil and political freedoms like the
freedom of expression, and economic and social freedoms like the freedom to
share in the scientific advancements of society, the most blatant violations of
human rights caused by intellectual property protection occur in the fields of
nutrition, healthcare, and culture. Of these essential entitlements, the rights
to food and health are made even more significant by their relationship to the
most fundamental of all human rights: the right to life.
CONFLICT BETWEEN INTELLECTUAL
PROPERTY PROTECTION AND HUMAN RIGHTS

8. RESEARCH
PENDING
CASES
1186
U.S. data on law enforcement efforts to reduce IP
crime, reported by Customs and Border Protection
(Customs), show that the number of IP seizures
worldwide in 2003 exceeded the levels of the
previous five years. According to FBI’s IP Crime
Deterrence efforts for the years 2002 and 2003:
INDICTMENTS
213
CONVICTIONS
171

9. From a money laundering perspective, white -collar crimes
often intertwine with illicit financial activities. Criminal
organizations exploit their ill-gotten gains by laundering
money through seemingly legitimate businesses, concealing
the origins of their funds. This intricate web of deception
involves complex financial transactions, making it challenging
for authorities to trace and seize unlawfully acquired assets.
Money laundering plays a significant role in the continuation
of white-collar crimes while also driving a continuous cycle of
fraud and deceit through its contribution to other criminal
activities within the society.
SOCIETAL IMPACT

10. CONCLUSION
It is clear that due to advancement of science and
technology newer form of criminality known as white -
collar crime has arisen. The term “white-collar crime” has
not been defined in the code. But the dimensions of
white-collar crime are so wide that after analysing the
provisions of Indian Penal Code 1860, we may conclude
that certain offence under Indian Penal Code is closely
linked with white collar crimes such as bribery,
corruption and adulteration of food, forgery etc. The
provisions of Indian Penal Code dealing with white-collar
crimes should be amended to enhance punishment
particularly fine in tune with changed socio-economic
conditions. The special Acts dealing with white collar
crimes and the provisions of Indian Penal Code should be
harmoniously interpreted to control the problem of
white-collar crimes.

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