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China’s Supreme Court starts hearing IP infringement cases following pressure from US government

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China’s Supreme Court starts hearing IP infringement cases

China’s Supreme Court will this month start hearing cases relating to intellectual property theft as Beijing looks to beef up rights holders’ protection in the face of pressure from the US government.

The move comes after US President Donald Trump and Chinese leader Xi Jinping last month agreed that China would take greater steps to protect intellectual property rights in exchange for Washington delaying the implementation of 25% tariffs on the majority of Chinese imports into the US.

The White House and lawmakers in Europe have long complained that China does far too little to enforce inforce intellectual property rights, with Trump claiming that Beijing’s lax protection regime is costing the US as much as $600 billion every year.

Announcing the decision at a press conference last week, Deputy Chief Justice Luo Dongchuan said the Supreme Court will start hearing appeals on intellectual property rights cases from 1 January.

Previously, only provincial-level high courts were able to deal with such cases.

The Reuters news agency quotes Luo as saying: “Setting up a Supreme Court intellectual property rights court is an important decision by the Communist Party, is a major step to strengthen the legal protection of intellectual property rights and will have a major impact at home and abroad.”

Refusing to comment on how the US might view the move, Luo told reporters that the decision was in line with national policy, arguing that China had followed international regulations and international treaties to protect intellectual property rights for many years.

While China has always maintained that it fully fulfils the commitments it made when joining the World Trade Organisation in 2001, intellectual property rights protection continues to be a major concern for foreign companies operating in the country.

China and Hong Kong remain the primary sources of counterfeit goods seized across the globe, with 48% of all fake goods impounded in the US in 2017 originating from China.

A European Commission report published in September last year revealed that Hong Kong and China were the source of the majority of counterfeit mobile phones and accessories, ink cartridges and toners, CDs/DVDs and labels, tags and stickers that entered the EU in 2017.

In its report, the Commission said: “China is the main source country (73%) from where suspected IPR-infringing goods arrived when they were detained, and where those goods were subsequently not released.

“As in former years, Hong Kong, China, Turkey, Vietnam and India remain in the ‘top seven’.”

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British men jailed over £5 million Premier League football match streaming scam

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Premier League football match livestreaming operation

Three men have been jailed for a combined total of 17 years by a UK court after being convicted of running a pirate streaming service that offered illegal access to live Premier League football matches to more than 1,000 pubs, clubs and private homes in England and Wales over a 10-year period.

Steven King, Paul Rolston and Daniel Malone, who ran companies trading under the names of Dreambox, Dreambox TV Limited, and Digital Switchover Limited, are said to have raked in over £5 million ($6.53 million) over the decade during which their scam lasted.

Head of the operation King was handed a seven-year-and-four-month sentence, while Rolston was jailed for six years and four months, and Malone for three years and three months.

Warwick Crown Court heard during a four-week trial how the men exploited a range of technologies to facilitate their illicit streaming service, conspiring with a number of third parties both in Britain and throughout Europe to create and illegally broadcast livestreams of games.

Finding all three men guilty of conspiracy to defraud, a judge described the operation as a “dishonest, dodgy business”, noting that the defendants’ efforts to frustrate broadcasters’ attempts to investigate the scam had been an aggravating factor that was reflected in the length of their sentences.

The judge was also critical of the “profoundly dishonest” businesses that profited from using the men’s streaming services without paying broadcasters.

Commenting on the men’s sentences in a statement, Premier League Director of Legal Services Kevin Plumb said: “Today’s decision has provided further evidence that the law will catch up with companies and individuals that defraud rights owners and breach copyright.

“The custodial sentences issued here reflect the seriousness and the scale of the crimes.

“Using these services is unlawful and fans should be aware that when they do so they enter into agreements with illegal businesses.

“They also risk being victims of fraud or identity theft by handing over personal data and financial details.”

Kieron Sharp, Director General of the Federation Against Copyright Theft (Fact), said the length of the men’s sentences demonstrated that the illegal streaming of Premier League football matches is a serious crime, adding: “For those people using services such as this, do not think that this is a grey area – it is not, it is breaking the law.”

It is estimated that the typical British pub that shows Premier League matches legally pays £20,000 a year to broadcasters such as Sky and BT.

 

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Dance music festivals fuelling rise in ecstasy use among young people in South America, UNODC claims

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ecstasy use among young people in South America

Ecstasy and new psychoactive substances (NPS) that mimic the effects of MDMA are becoming increasingly popular among young people in South America, according to a report published by the United Nations Office on Drugs and Crime (UNODC).

In the latest edition of its Global SMART Newsletter for Latin America and the Caribbean, the agency said secondary school pupils and university students are taking the drugs in greater quantities at electronic music festivals.

The report also revealed that some Caribbean countries have experienced an uptick in the use of ecstasy-like substances largely on account of the fact that tourists are bringing the drugs with them while on holiday.

Noting that while seizures of these types of drugs are generally much lower in Latin America and the Caribbean than in North America and Europe, UNODC observes that some countries in the region have seen large amounts of ecstasy-like substances discovered by law enforcement authorities in recent years.

“The market of ecstasy in the region has evolved significantly and has become more complex over time,” the report says.

“Currently, ecstasy is available in two main forms; as tablets containing varying doses of MDMA, ranging from no MDMA at all to high doses, and as powder or in crystalline form.

“Both forms of presentation often contain substances other than MDMA, including NPS with stimulant effects.”

Looking at the emergence of NPS in Latin America and the Caribbean, UNODC said 14 countries in the region have reported the presence of 178 different synthetic drugs belonging to a diverse range of chemical groups over the course of the past decade.

In 2017, more than 60 different NPS were reported to UNODC by nine countries in the region, highlighting the emergence of a trend that the agency said presents a serious threat to public health and challenges for policy makers and law enforcement authorities there.

At the end of last week, UNODC announced that it had donated an on-site drug testing device to law enforcement agencies in Jamaica to help counter the threat of NPS in Latin America and the Caribbean.

After being presented with the device, Cheryl Spencer, UN Ambassador and Permanent Representative of Jamaica, said: “Jamaica regards this support to the country through this device as not only a tangible demonstration of international cooperation but also as technology transfer, elements which are critical to the development of small developing countries like Jamaica.”

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Women and young girls from Myanmar trafficked as ‘sex slaves’ to families in China, HRW report warns

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trafficked as ‘sex slaves’

A new report from Human Rights Watch (HRW) has revealed that young women from Myanmar are being trafficked to China before being locked up and raped until they become pregnant.

Trafficking victims who escaped their captors told the NGO that they were promised well-paid jobs in China by people they trusted such as close relatives, but were instead sold to Chinese families as sex slaves for as much as $13,000.

HRW has accused authorities in both countries of turning a blind eye to the trafficking of women and girls from Kachin and northern Shan States in Myanmar to China, noting that poor human rights protections have made victims easy prey for the organised criminal gangs behind the illicit trade.

Traffickers are said to be able to act with near impunity with little fear of being troubled by law enforcement agencies from either China or Myanmar.

The NGO said families of victims claim they were repeatedly turned away when they reported concerns about the trafficking of their relatives to police, or were asked by law enforcement officers to hand over money before any action would be taken.

Based on the testimony of dozens of trafficking survivors, Myanmar government officials and law enforcement officers, HRW’s report reveals that the families to which victims were sold often appeared to be more interested in having a baby than using the women for sex, and would sometimes allow their “salves” to escape once they had given birth, on the condition that they left their child behind.

One victim told HRW that traffickers told her they would cut off her hands and legs should she attempt to escape, while another described being raped by a man every night, and how she would be threatened with a knife in the event that she refused to have sex.

Heather Barr, HRW Acting Women’s Rights Co-Director and author of the report, said: “The Myanmar and Chinese governments, as well as the Kachin Independence Organisation, should be doing much more to prevent trafficking, recover and assist victims, and prosecute traffickers.

“Donors and international organisations should support the local groups that are doing the hard work that governments won’t to rescue trafficked women and girls and help them recover.”

It is estimated that China has as many as 40 million “missing women” as a result of a preference for boys during the country’s “one-child policy”, which was in place between 1979 and 2015.

The relative dearth of women in China has resulted in some families turning to trafficking from countries such as Myanmar when they want to have children.

 

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