2012 | 4(2) | 275-282
Article title

Mechanisms Used in Intellectual Property Rights Fraud in the Republic of Kazakhstan

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In the article the author discusses the nature and features of committing the considered type of crime on the basis of the available specificities of intellectual property counterfeiting in the Republic of Kazakhstan. Investigation into the systematic violation of intellectual property rights of citizens encounters a lot of difficulties, therefore it is no accident that the author proposed an algorithm for using the knowledge about the mechanism of intellectual property counterfeiting in the detection and investigation of that type of crime. The author conducted an analytical debate in determining the place and importance of the method and mechanism of committing fraud in the elemental system of forensic crime characteristics where the specified totalities are integrated into a specific (key) category. Thus, it is the use of specialized scientific knowledge that makes it possible to determine the step-by-step mechanism of committing fraudulent acts by a malefactor leading to external or substantial similarity between fakes and an original prototype. Also the article presents statistical indicators reflecting the dynamics and other quantitative data connected with the procedure of crime investigation in the sphere of intellectual property counterfeiting. In conclusion, the author of the article gives practical recommendations aimed at optimizing the process of detection and investigation of crimes related to counterfeiting intellectual property. In particular, at the stage of creation or mass production of considered material objects it is highly recommended that advanced technologies are used in order to impede counterfeiting to the maximum (three-dimensional holography, watermarking, cryptography, etc.).
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