Criminal Enforcement of Intellectual Property: A Handbook of Contemporary Research

Front Cover
Christophe Geiger
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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Contents

Introduction
1
A SOCIETY ISSUE
7
1 Economic legal and social impacts of counterfeiting
9
2 Counterfeiting and consumer protection
24
3 Counterfeiting and public health
42
a Trojan horse for expanding intellectual property protection in developing countries?
59
the new face of counterfeiting
75
FINDING THE RIGHT REMEDIES
97
the role of fundamental rights
191
11 Criminal enforcement and European Union law
213
12 The Directive Proposal on criminal sanctions
245
Section 3 National Experiences on Criminal Enforcement
267
13 Criminal enforcement in the US and Canada
269
14 Shaping Chinese criminal enforcement norms through the TRIPS Agreement
286
from trademark use to illicit downloads
310
comparison of the past present and future of criminal law
341

Historical Economic and Psychological Aspects
99
6 Historical perspective on criminal enforcement
101
an economic approach
128
8 Why do good people disregard copyright on the Internet?
151
Section 2 The Legal Framework of Criminal Enforcement
169
9 Criminal enforcement and international IP law
171
SELECTED ISSUES
351
a comparative criminal law study
353
18 Counterfeiting and the spare parts issue
369
towards a criminalization of end users? The French HADOPI example
386
Index
403
Copyright

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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,

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