Hardback
Criminal Enforcement of Intellectual Property
A Handbook of Contemporary Research
9781849801461 Edward Elgar Publishing
This wide-ranging Research Handbook is the first to offer a stimulating and systematic review of the framework for criminal enforcement of intellectual property rights. If counterfeiting constitutes an ever-growing international phenomenon with major economic and social repercussions, potentially affecting consumer safety and public health, the question of which are the appropriate instruments to enforce IP rights is a complex and sensitive one. Although criminal penalties can constitute strong and effective means of enforcement, serious doubts exist as to whether criminal sanctions are appropriate in every infringement situation. Drawing on legal, economic, historical and judicial perspectives, this book provides a differentiated sector-by-sector approach to the question of enforcement, and draws useful conclusions for future legislative initiatives at European, international and national levels.
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Critical Acclaim
Contributors
Contents
More Information
This wide-ranging Research Handbook is the first to offer a stimulating and systematic review of the framework for criminal enforcement of intellectual property rights. If counterfeiting constitutes an ever-growing international phenomenon with major economic and social repercussions, potentially affecting consumer safety and public health, the question of which are the appropriate instruments to enforce IP rights is a complex and sensitive one. Although criminal penalties can constitute strong and effective means of enforcement, serious doubts exist as to whether criminal sanctions are appropriate in every infringement situation. Drawing on legal, economic, historical and judicial perspectives, this book provides a differentiated sector-by-sector approach to the question of enforcement, and draws useful conclusions for future legislative initiatives at European, international and national levels.
Offering a broad survey of the field, and a sound platform for further research, this legal and cross-disciplinary study by leading scholars will prove insightful for professors, researchers and students in intellectual property, criminal, competition, consumer protection and health law.
Offering a broad survey of the field, and a sound platform for further research, this legal and cross-disciplinary study by leading scholars will prove insightful for professors, researchers and students in intellectual property, criminal, competition, consumer protection and health law.
Critical Acclaim
‘This useful collection will repay careful reading by those involved in IPR policy formulation as well as by all IPR scholars.’
– Michael Blakeney, European Intellectual Property Review
‘The first truly systematic analysis of the upsurge in criminal enforcement of intellectual property rights, this book offers a scholarly examination of the justifications for this approach, including claims regarding the involvement organized crime, heavy revenue losses, corruption, and safety risks. Legal, economic, prosecutorial, and historical perspectives are brought to bear on such issues as the comparative goals of criminal and intellectual property law, as well as the impact of criminalization on innovation, health, consumer protection, and global trade.’
– Rochelle Dreyfuss, New York University, School of Law, US
– Michael Blakeney, European Intellectual Property Review
‘The first truly systematic analysis of the upsurge in criminal enforcement of intellectual property rights, this book offers a scholarly examination of the justifications for this approach, including claims regarding the involvement organized crime, heavy revenue losses, corruption, and safety risks. Legal, economic, prosecutorial, and historical perspectives are brought to bear on such issues as the comparative goals of criminal and intellectual property law, as well as the impact of criminalization on innovation, health, consumer protection, and global trade.’
– Rochelle Dreyfuss, New York University, School of Law, US
Contributors
Contributors: C.M. Correa, J. Drexl, C. Geiger, D. Gervais, J. Gibson, J. Griffiths, H. Grosse Ruse-Khan, R.M. Hilty, H.-G. Koch, D. Lefranc, D. Matthews, T. Mylly, A. Ohly, A. Peukert, M.R. Roudaut, J. Schmidt-Szalewski, A. Wechsler, G. Westkamp, P.K. Yu
Contents
Contents:
Introduction
Christophe Geiger
PART I: COUNTERFEITING: A SOCIETY ISSUE
1. Economic, Legal and Social Impacts of Counterfeiting
Reto M. Hilty
2. Counterfeiting and Consumer Protection
Ansgar Ohly
3. Counterfeiting and Public Health
Duncan Matthews
4. Anti-counterfeiting: A Trojan Horse for Expanding Intellectual Property Protection in Developing Countries?
Carlos M. Correa
5. From Sweatshops to Organized Crime: The New Face of Counterfeiting
Mickaël R. Roudaut
PART II: COUNTERFEITING: FINDING THE RIGHT REMEDIES
Section 1. Cross-disciplinary Perspectives on Criminal Enforcement: Historical, Economic and Psychological Aspects
6. Historical Perspective on Criminal Enforcement
David Lefranc
7. Criminal Enforcement of Intellectual Property Law: An Economic Approach
Andrea Wechsler
8. Why do ‘Good People’ Disregard Copyright on the Internet?
Alexander Peukert
Section 2. The Legal Framework of Criminal Enforcement
9. Criminal Enforcement and International IP Law
Henning Grosse Ruse-Khan
10. Criminal Liability for Intellectual Property Infringement in Europe: The Role of Fundamental Rights
Jonathan Griffiths
11. Criminal Enforcement and European Union Law
Tuomas Mylly
12. The Directive Proposal on Criminal Sanctions
Johanna Gibson
Section 3. National Experiences on Criminal Enforcement
13. Criminal Enforcement in the US and Canada
Daniel Gervais
14. Shaping Chinese Criminal Enforcement Norms through the TRIPS Agreement
Peter K. Yu
15. Criminalizing IP Use in the UK: From Trademark Use to Illicit Downloads
Guido Westkamp
16. The French Case: Comparison of the Past, Present and Future of Criminal Law
Joanna Schmidt-Szalewski
PART III: COUNTERFEITING AND CRIMINAL ENFORCEMENT: SELECTED ISSUES
17. Strategies Against Counterfeiting of Drugs: A Comparative Criminal Law Study
Hans-Georg Koch
18. Counterfeiting and the Spare Parts Issue
Josef Drexl
19. Counterfeiting and the Music Industry: Towards a Criminalization of End Users? The French ‘HADOPI’ Example
Christophe Geiger
Index
Introduction
Christophe Geiger
PART I: COUNTERFEITING: A SOCIETY ISSUE
1. Economic, Legal and Social Impacts of Counterfeiting
Reto M. Hilty
2. Counterfeiting and Consumer Protection
Ansgar Ohly
3. Counterfeiting and Public Health
Duncan Matthews
4. Anti-counterfeiting: A Trojan Horse for Expanding Intellectual Property Protection in Developing Countries?
Carlos M. Correa
5. From Sweatshops to Organized Crime: The New Face of Counterfeiting
Mickaël R. Roudaut
PART II: COUNTERFEITING: FINDING THE RIGHT REMEDIES
Section 1. Cross-disciplinary Perspectives on Criminal Enforcement: Historical, Economic and Psychological Aspects
6. Historical Perspective on Criminal Enforcement
David Lefranc
7. Criminal Enforcement of Intellectual Property Law: An Economic Approach
Andrea Wechsler
8. Why do ‘Good People’ Disregard Copyright on the Internet?
Alexander Peukert
Section 2. The Legal Framework of Criminal Enforcement
9. Criminal Enforcement and International IP Law
Henning Grosse Ruse-Khan
10. Criminal Liability for Intellectual Property Infringement in Europe: The Role of Fundamental Rights
Jonathan Griffiths
11. Criminal Enforcement and European Union Law
Tuomas Mylly
12. The Directive Proposal on Criminal Sanctions
Johanna Gibson
Section 3. National Experiences on Criminal Enforcement
13. Criminal Enforcement in the US and Canada
Daniel Gervais
14. Shaping Chinese Criminal Enforcement Norms through the TRIPS Agreement
Peter K. Yu
15. Criminalizing IP Use in the UK: From Trademark Use to Illicit Downloads
Guido Westkamp
16. The French Case: Comparison of the Past, Present and Future of Criminal Law
Joanna Schmidt-Szalewski
PART III: COUNTERFEITING AND CRIMINAL ENFORCEMENT: SELECTED ISSUES
17. Strategies Against Counterfeiting of Drugs: A Comparative Criminal Law Study
Hans-Georg Koch
18. Counterfeiting and the Spare Parts Issue
Josef Drexl
19. Counterfeiting and the Music Industry: Towards a Criminalization of End Users? The French ‘HADOPI’ Example
Christophe Geiger
Index
