Criminal Enforcement of Intellectual Property: A Handbook of Contemporary Research
Edward Elgar Publishing, Oct 31, 2012 - Law - 432 pages
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.
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2 Counterfeiting and consumer protection
3 Counterfeiting and public health
a Trojan horse for expanding intellectual property protection in developing countries?
the new face of counterfeiting
FINDING THE RIGHT REMEDIES
the role of fundamental rights
11 Criminal enforcement and European Union law
12 The Directive Proposal on criminal sanctions
Section 3 National Experiences on Criminal Enforcement
13 Criminal enforcement in the US and Canada
14 Shaping Chinese criminal enforcement norms through the TRIPS Agreement
from trademark use to illicit downloads
comparison of the past present and future of criminal law
Historical Economic and Psychological Aspects
6 Historical perspective on criminal enforcement
an economic approach
8 Why do good people disregard copyright on the Internet?
Section 2 The Legal Framework of Criminal Enforcement
9 Criminal enforcement and international IP law
Other editions - View all
ACTA Ancien Régime Anti-Counterfeiting applied authorities China civil Code commercial scale Commission competence competition law concerning consumer contrefaçon copy copyright infringement copyright law Council counterfeit drugs counterfeiting and piracy Court criminal enforcement criminal law criminal liability criminal measures aimed criminal offence criminal sanctions decision design protection deterrence developing countries downloading droit ECHR effect EHRR enforcement of intellectual ensuring the enforcement European Parliament European Union file sharing France fundamental rights HADOPI Human Rights Ibid impact implementation imprisonment Intellectual Property Law intellectual property rights Internet interpretation IP infringements IP law IPRs issue legislation Lisbon Treaty ment norms obligation ofthe organized crime Panel patent infringement peer-to-peer penalties principle punished Recueil Dalloz Regulation right holders rules seizure sentence subsidiarity supra supra n TFEU tion Trade Agreement trademark law TRIPS Agreement users World Trade Organization