Intellectual Property: Trademarks, Patents, Copyrights

The Three Components of The European Commission's Green Paper

• Trademarks/names are components.
• Patents, including industrial models, designs, utility models, and geographic indications, are components.
• Copyrights (pirated goods) are components.

Trademark, Patent, and Copyright

• Trademark equates to Brand.
• Patent equates to Innovation.
• Copyright equates to Expression.

Three Enforcement Agencies and Their Related Tasks

• State Trademark Office is for Brand protection
• U.S. Patent and Trademark Office is for Scientific innovation and production protection
• Congressional Federal Intellectual Property Office is for Artistic and literary works protection

Eight Steps in an M.O. Analysis (Miss Sixties)

• Questions in the analysis include:
• Is there a patented design? Is there a patented trademark?
• Is there a secondary trademark (location)?
• Is there anti-counterfeiting technology?
• What is the sale information? Can the price barcode be changed? Can the production barcode be changed?
• Is there patent information? Material information? Maintenance information? Serial number?

Three New Technologies on Anti-Counterfeits

• 3D Printing is a new technology.
• Steaming is a new technology.
• Nano-Printing is a new technology.

Trademarks vs Patents vs Copyrights

• Trademarks protect brand identity.
• Patents protect inventions (mechanical, chemical, software, etc.).
• Copyrights protect creative works (books, music, films).

Fraudulent and Falsified Goods vs Infringed Rights

• Fraudulent/Falsified Goods are Deceptively produced with fake components
• Infringed Rights are Unauthorized use of protected intellectual property

Reputation vs Responsibility

• Reputation is the public perception of a brand.
• Responsibility encompasses legal and ethical obligations.

The Three Offices for Trademarks, Patents, and Copyrights

• State Trademark Office is one of the three offices.
• U.S. Patent and Trademark Office is one of the three offices.
• Congressional Federal Intellectual Property Office is one of the three offices.

UV vs IR

• UV detects fluorescence and hidden security features.
• IR detects material composition and authenticity.

Price Barcode vs Production Barcode

• Price Barcodes can be modified for sales.
• Production Barcodes are permanently embedded for traceability.

Design Patent vs Utility Patent

• Design Patents protect aesthetic aspects.
• Utility Patents protect functional aspects.

Phthalate Analysis vs Barcode Analysis

• Phthalate Analysis tests for harmful chemical content.
• Barcode Analysis verifies production and distribution details.

3D Printing vs Nano Printing

• 3D Printing deals with production difficulty for small details.
• Nano Printing deals with micro-scale precision for authenticity.

Top Counterfeits in Textbook vs Class List

• Textbook List: Cigarettes, Watches, DVD Movies, Handbags, Apparel, Shoes, Cosmetics, Toys, Electronics, Food/Medicine
• Class List: Leather Goods, Watches & Jewelry, Apparel, Electronics, Footwear

Organized Crime Framework

• Domestic operations occur within a single country's borders.
• Transnational operations occur across multiple countries, often involving international law violations.
• Syndicates are large networks of organized crime groups with structured leadership and global connections.

UN's 5 Typologies on Organized Crime Organizations/Groups

• Developed Hierarchy: Single leader, regional autonomy, defined turf.
• Rigid Hierarchy Groups: Single leader, strong social identity, use of violence
• Hierarchical Conglomerate: Network of groups across nations, Yakuza, Russian Mafia, Cali Cartel.
• Organized Crime Groups: Operate through personal loyalty, low-profile, no official group name.
• Criminal Groups (Gangs): Loose networks, no social ties, flexible structure, Crips & Bloods.

Choo & Smith's Three Categories

• Traditional Organized Crime Groups are territory-based and involved in software piracy, card fraud, and malware attacks.
• Organized Cybercrime Groups consist of small groups collaborating in cyberspace for identity theft, child pornography, and malware markets.
• Ideological/Political Groups are involved in cyber-terrorism, raising funds for WMDs, and laundering money.

Connections by Cybercrime Among Four Types of Crime

• Fraud involves 419 Scams targeting individuals.
• Identity Crime involves identity theft and personal data breaches.
• Cybercrime involves racial recruitment and online radicalization.
• Transnational Crime involves human trafficking, phishing, and debt collection scams.

M.O. Analysis of the Six Cybercrimes

• ISP Theft of Wireless Network: Unauthorized usage.
• War Driving: Interception of data via Wi-Fi.
• Botnet: Hacking networks through bulk emails.
• 419 Scams: Phishing emails tricking victims into payments.
• Cloud Center Hacking: Breaching secure databases.
• New Identity Theft Methods: RFID-based skimming.

Rigid Hierarchy Groups vs. Hierarchical Conglomerate

• Rigid Hierarchy: Strong social/ethnic identity.
• Hierarchical Conglomerate: Loose, transnational syndicates.

Enabled Offenses vs. Enhanced Offenses

• Enabled: Computer is a necessity.
• Enhanced: Computer improves efficiency.

Offender-Specific vs. Offense-Specific

• Offender-Specific: Motivated individuals, high-tech criminals.
• Offense-Specific: Crime dictated by opportunity, low-tech criminals.

Deep-Web vs. Dark-Web

• Deep-Web: Non-indexed institutional data (emails, databases).
• Dark-Web: Encrypted networks for illegal activities.

War-Driving vs. Hacking

• War-Driving: Finding unsecured Wi-Fi (passive attack).
• Hacking: Actively breaching security (direct attack).

WEP vs. WPA

• WEP: Outdated encryption (1999), easily compromised.
• WPA: Stronger encryption, better security features.

EU Countries vs. G-7/8 vs. Commonwealth Countries

• EU: Political/economic unity.
• G-7/8: Economic superpowers.
• Commonwealth: Former British colonies.

War-Driving vs. Transnational O.C.

• War-Driving: Wireless data theft.
• Transnational O.C.: Global organized crime activities.

Faceless vs. Borderless vs. Riskless vs. Limitless

• Faceless: Anonymity of cybercriminals.
• Borderless: No geographic constraints.
• Riskless: Low physical danger.
• Limitless: Expansive cybercrime opportunities.

ISP Theft vs. War Driving

• ISP Theft: Unauthorized network use.
• War-Driving: Identifying vulnerable networks.

Four Components of Transnational Sex Trafficking Crime

• Trans-nationality – Crimes span across national borders.
• Latency - Often hidden, difficult to detect and prosecute.
• Measurability – Hard to quantify due to underreporting.
• Industry - Highly profitable criminal enterprise.

Definition of Transnational Sex Trafficking

• Organized criminal activity where human beings are exploited for sex.
• Driven by high demand for sexual services and financial gain.
• Includes physical, online, and hybrid forms.
• Third-largest source of criminal profit after drugs and weapons.

Legal Challenges from Online Sexual Crime

• First Amendment Protection: Adult pornography is protected; child pornography is not.
• Organized Crime Involvement: Underground studios producing illegal material.
• Age Verification Issues: No official birth records in some countries.
• Differing Legal Regulations: Some countries allow sex work or have ambiguous laws.

Technical Challenges from Online Sexual Crime

• Pseudo/Virtual Images: Al-generated or montage images blur legal definitions.
• Different Formats: Animation, Al images, and deepfakes create prosecution difficulties.
• Storage vs. Viewing: Possession of child pornography is illegal, but accidental viewing is a gray area.

Merton's Theory on Online Sexual Crime (Strain Theory)

• American Dream: Society promotes success and wealth.
• Strain/Frustration: Gap between expectations and reality.
• Illegitimate Means: Crime offers a shortcut to financial gain.

Sex Crime vs. Prostitution vs. Pornography vs. Obscenity vs. Sadistic Acts

• Sex Crime: Any illegal sexual act.
• Prostitution: Sex in exchange for money.
• Pornography: Sexually explicit material for arousal.
• Obscenity: Lacks artistic or social value, deemed offensive.
• Sadistic Acts: Infliction of pain/humiliation for sexual pleasure.

Adult Pornography vs. Child Pornography

• Adult Pornography: Legal if consensual and involving adults.
• Child Pornography: Always illegal, involves minors in explicit content.

Online Sex Crime vs. Child Sex Tourism

• Online Sex Crime: Sexual exploitation via digital platforms.
• Child Sex Tourism: Traveling to engage in sex with minors.

Having Sex with a Minor vs. Statutory Rape vs. Rape vs. Sexual Assault

• Sex with a Minor: Illegal, even if consensual.
• Statutory Rape: Involves an underage individual; age gap impacts severity.
• Rape: Penetration, against will, opposite gender (historical definition).
• Sexual Assault: Any non-consensual sexual contact.

Montage vs. Animation vs. Artificial/AI Image

• Montage: Combining real and fake elements.
• Animation: Digitally drawn or CGI-based.
• Al Image: Al-generated, resembling real people but not actual.

UK's 5 Points vs. Miller's 3 Points for Obscenity

• UK's 5 Points: Posing, explicit activity, assault, gross assault, sadistic nature.
• Miller Test (US): Prurient interest, offensiveness, no artistic value.

Backpage.com vs. Craigslist.com

• Backpage.com: Infamous for sex trafficking underage girls.
• Craigslist.com: General classifieds with some controversial adult ads.

Personal Willingness vs. Parental Willingness

• Personal Willingness: Individual consents to act.
• Parental Willingness: Parents push children into acts.

Sex Life Problem vs. Pedophile

• Sex Life Problem: General sexual dissatisfaction.
• Pedophile: Sexual attraction to minors (criminal if acted upon).

IP vs. ISP

• IP (Internet Protocol): Identifies a device online.
• ISP (Internet Service Provider): Company providing internet access.