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Criminal Enforcement Of Intellectual Property: A Handbook of Contemporary Research

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Edited by: Christophe Geiger

ISBN13: 9781849801461
Published: October 2012
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £155.00



Despatched in 4 to 6 days.

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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Subjects:
Intellectual Property Law, Criminal Law
Contents:
Introduction

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 Mickael 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. Criminalising IP Use in the UK: From Trade Mark Use to Illicit Downloads Guido Westkamp
16. The French Case: Comparison Past/ Present/ 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