Lithuania Protection of Intellectual Protection of Intellectual

Property RightsProperty Rights

Belgrad Belgrad 20112011

Lithuanian customs structure

ORGANISATION STRUKTURE OF THE CUSTOMS CRIMINAL

SERVISE

Šiauliai Territorial

Division

DIRECTOR

Infrastructure and Household

Division

3rd Division (Drug Control)

2nd Division (Crime

Investigation)

1st Division (Information

Analysis)

6th Division(Risk

Management)

DEPUTY DIRECTOR

Office Division

International Relations Division

Budget and Accounting

Division

Labour Safety Officer

Vilnius Territorial

Division

Marijampolė Territorial

Division

Klaipėda Territorial

Division

Panevėžys Territorial

Division

5th Division (Special

Equipment)

4th Division (Operational

Support)

DEPUTY DIRECTOR

Legal and Personnel

Division

Lithuanian police structure

MINISTRY OF THE INTERIOR

POLICE DEPARTMENT

LITHUANIAN CRIMINAL POLICE BUREAU

Organized Crime Investigation Units

Operational Activity Units

Information Analysis Board

Witness and Victims Protection Units

Activity Organization and Finance Units

Corruption Control Board

Crime Investigation Units

International Liaison Office

Lithuanian Criminal Police Bureau

Located in the capital of Lithuania – Vilnius;Located in the capital of Lithuania – Vilnius; Overtakes the investigation of intellectual property-Overtakes the investigation of intellectual property-

related criminal activity when:related criminal activity when: It is executed within the territory of several districts or It is executed within the territory of several districts or

countries;countries; It is executed by the organised group;It is executed by the organised group; Its investigation requires special knowledge.Its investigation requires special knowledge.

Specialized LCPB unit – the Intellectual Property Specialized LCPB unit – the Intellectual Property Protection Unit.Protection Unit.

The Intellectual Property Protection Unit Belongs to 2Belongs to 2ndnd Crime Investigation Board of Crime Investigation Board of

the LCPB.the LCPB. Main functions:Main functions:

Crime detection and investigation;Crime detection and investigation; Coordination of district-located officers’ work; takeover Coordination of district-located officers’ work; takeover

of resonant cases;of resonant cases; Analysis of legal acts;Analysis of legal acts; Accumulation and analysis of classified information;Accumulation and analysis of classified information; Cooperation with public organizations and other law-Cooperation with public organizations and other law-

enforcement institutions.enforcement institutions.

Statistics and tendencies of intellectual property-related crimes

Period Checks done Prietrial investigations in criminal

cases started

Administrative cases started

Material media confiscated

Amount of illegally

reproduced production

2007 420 114 146 46 500 256 000

2008 430 97 116 59 000 450 000

2009 420 74 122 36 000 890 000

The ‘pirates’ have moved to the digital environment – the The ‘pirates’ have moved to the digital environment – the Internet.Internet.

Control and Coordination by Prosecution The pre-trial investigation is organised and The pre-trial investigation is organised and

conducted, and the public prosecution is conducted, and the public prosecution is sustained by a public prosecutor.sustained by a public prosecutor.

Structure:Structure: General Prosecution Service;General Prosecution Service; 5 county prosecution services;5 county prosecution services; 51 city and regional circuit prosecution 51 city and regional circuit prosecution

services.services.

Control and Coordination by Prosecution The Pre-trial Investigation Control Unit of the General The Pre-trial Investigation Control Unit of the General

Prosecution Service organises and conducts the investigation of Prosecution Service organises and conducts the investigation of criminal activities, related to the intellectual property, detected criminal activities, related to the intellectual property, detected by the LCPB and the territorial police units (in some cases).by the LCPB and the territorial police units (in some cases).

Functions:Functions: Security of legality;Security of legality; Coordination of crime investigation activity;Coordination of crime investigation activity; Formation of single practice;Formation of single practice; Analysis of criminality;Analysis of criminality; Provision of aid to pre-trial institutions;Provision of aid to pre-trial institutions; Provision of draft criminal laws.Provision of draft criminal laws.

Character of Violation

Websites containing links to illegal download of the product Websites containing links to illegal download of the product ((international international servers enabling the users to upload the information (products) – servers enabling the users to upload the information (products) – RapidShare, Megaupload, etc – and ‘sell’ the links); RapidShare, Megaupload, etc – and ‘sell’ the links);

Illegal Illegal PP22P P networksnetworks ( (Torrent search engines, Torrent trackers, DC++, Torrent search engines, Torrent trackers, DC++, eMule, etc);eMule, etc);

Lithuanian Internet service providers’ (ISP) FTP servers;Lithuanian Internet service providers’ (ISP) FTP servers; Websites, the owners of which sell illegal copies of the product (CD, DVD). Websites, the owners of which sell illegal copies of the product (CD, DVD).

The Scope of Right Violation on the Internet

International scope: there are approximately 1000 public DC++ International scope: there are approximately 1000 public DC++ hubs, Torrent trackers, eMule and other P2P networks; hubs, Torrent trackers, eMule and other P2P networks;

Practically, around 80-90% of ISP have FTP servers, in which Practically, around 80-90% of ISP have FTP servers, in which copyright and adjacent rights are being violated;copyright and adjacent rights are being violated;

As an average of 1000-2000 users download each newly produced As an average of 1000-2000 users download each newly produced product in one P2P network; product in one P2P network;

As a result, Lithuanian distributors of intellectual property might As a result, Lithuanian distributors of intellectual property might suffer up till 4 million litas (approx. 1,15 million Euro) of damages a suffer up till 4 million litas (approx. 1,15 million Euro) of damages a month.month.

Harm of Lithuanian Internet ‘Piracy’

Approximately 30% of all intellectual property-related crimes are Approximately 30% of all intellectual property-related crimes are made on the Internet or with the help of it.made on the Internet or with the help of it.

There are approximately 15 Torrent P2P networks, 60 larger DC++ There are approximately 15 Torrent P2P networks, 60 larger DC++ public hubs and other P2P networks in Lithuania, containing around public hubs and other P2P networks in Lithuania, containing around 150 000 users. 150 000 users.

ISP FTP servers contain around 200 000 users. ISP FTP servers contain around 200 000 users.  Thus in total there are around 350 000 users, who distribute or Thus in total there are around 350 000 users, who distribute or

download product copies illegally. According to the polls, as an download product copies illegally. According to the polls, as an average, 1 user downloads 5 movies, 3-5 music albums and 3 average, 1 user downloads 5 movies, 3-5 music albums and 3 games a month. games a month.

Copyright owners suffer considerable damages as a result of Copyright owners suffer considerable damages as a result of Internet ‘piracy’.Internet ‘piracy’.

  

In 2009-2010 the police have identified and terminated the use of In 2009-2010 the police have identified and terminated the use of intellectual intellectual product in the following websites operating in Lithuania:product in the following websites operating in Lithuania:

www.torrent.lt (www.torrent.lt (a total of over 3 000 000 illegal copies were downloaded; the value a total of over 3 000 000 illegal copies were downloaded; the value of legal copies – over 50 000 000 litas (over 14,5 million Euro), illegal profit of the of legal copies – over 50 000 000 litas (over 14,5 million Euro), illegal profit of the violators – approx. 400 000 litas (approx. 116 000 Euro) per annumviolators – approx. 400 000 litas (approx. 116 000 Euro) per annum));;

www.filmai.us (www.filmai.us (74 000 files with illegal copies were downloaded within several 74 000 files with illegal copies were downloaded within several months from Speedyshare; total value of legal copies – over 1 500 000 litas months from Speedyshare; total value of legal copies – over 1 500 000 litas (approx. 434 000 Euro); illegal profit – 10 000 litas (2 900 Euro) per month(approx. 434 000 Euro); illegal profit – 10 000 litas (2 900 Euro) per month));;

www.tracker.lt (www.tracker.lt (over 1000 torrent files were found in the removed server with the over 1000 torrent files were found in the removed server with the access for 850 users);access for 850 users);

www.filmai24.lt (www.filmai24.lt (several thousand users; illegal profit – 5 000 litas (1 450 Euro) several thousand users; illegal profit – 5 000 litas (1 450 Euro) per month); per month);

www.filmai.in (www.filmai.in (several thousand users; illegal profit – 4 000 litas (1 150 Euro) per several thousand users; illegal profit – 4 000 litas (1 150 Euro) per month);month);

www.filmaionline.com, www.filmasonline.lv, www.filmsbase.net www.filmaionline.com, www.filmasonline.lv, www.filmsbase.net www.telikas.com, www.kinas.us www.telikas.com, www.kinas.us and other.and other.

Performed inspections and criminal cases

67

92

98

112

34

34

36

68

0 50 100 150

2007

2008

2009

2010

Criminal cases

Inspections

Infringements of copyright on the internet

2 8 6 91421 24

32

10196

70

106

0

20

40

60

80

100

120

140

160

2007 2008 2009 2010

Total

Internet crimes

Internationalcrimes

Statistics of violations in customs

0

100000

200000

300000

400000

500000

600000

700000

800000

2005 2006 2007 2008 2009 2010

0

20

40

60

80

100

120

140

160

Seized goods (unit) Protocols of goods seizure

During period 2006– 2007 increased figure of seizures of goods, which were transported in small quantities.

During period 2008– 2009 decreased number of seizures. This fakt influenced by decrease of transit flows of consumer goods.

Statistics of violations in customs

0

10

20

30

40

50

60

70

80

Violations establishedduring import procedure

Violations establishedduring transit procedure

EU

Lithuania

EU

Lithuania

Thank you for attention

Svetlana StasylaChief InspectorRisk Management Division Customs Criminal ServiceZalgirio str. 127, LT-08217 Vilnius, LithuaniaPhone: +370 5 2743102Fax: +370 5 274 3107E-mail: svetlana.stasyla@cust.lt

Robertas ŠimulevičiusHead of unitIntellectual property protection unit2nd crime investigation boardLithuanian criminal police bureau Saltoniškių Str. 19, 08105, Vilnius, Lithuania Phone: +370 5 271 9776 E-mail: robertas.simulevicius@policija.lt