Criminal Enforcement Of Intellectual Property

‘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 C. Dreyfuss, New York University School of Law, US

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.

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