Criminal Enforcement of Intellectual Property: A Handbook of Contemporary Resear

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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.

FORMATHardcover LANGUAGEEnglish CONDITIONBrand New Publisher Description

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. 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

Author Biography

Edited by Christophe Geiger, Professor of Law, Luiss University, Italy

Table of Contents

Contents:IntroductionChristophe GeigerPART I: COUNTERFEITING: A SOCIETY ISSUE1. Economic, Legal and Social Impacts of CounterfeitingReto M. Hilty2. Counterfeiting and Consumer ProtectionAnsgar Ohly3. Counterfeiting and Public HealthDuncan Matthews4. Anti-counterfeiting: A Trojan Horse for Expanding Intellectual Property Protection in Developing Countries?Carlos M. Correa5. From Sweatshops to Organized Crime: The New Face of CounterfeitingMickaël R. RoudautPART II: COUNTERFEITING: FINDING THE RIGHT REMEDIESSection 1. Cross-disciplinary Perspectives on Criminal Enforcement: Historical, Economic and Psychological Aspects6. Historical Perspective on Criminal EnforcementDavid Lefranc7. Criminal Enforcement of Intellectual Property Law: An Economic ApproachAndrea Wechsler8. Why do 'Good People' Disregard Copyright on the Internet?Alexander PeukertSection 2. The Legal Framework of Criminal Enforcement9. Criminal Enforcement and International IP LawHenning Grosse Ruse-Khan10. Criminal Liability for Intellectual Property Infringement in Europe: The Role of Fundamental RightsJonathan Griffiths11. Criminal Enforcement and European Union LawTuomas Mylly12. The Directive Proposal on Criminal SanctionsJohanna GibsonSection 3. National Experiences on Criminal Enforcement13. Criminal Enforcement in the US and CanadaDaniel Gervais14. Shaping Chinese Criminal Enforcement Norms through the TRIPS AgreementPeter K. Yu15. Criminalizing IP Use in the UK: From Trademark Use to Illicit DownloadsGuido Westkamp16. The French Case: Comparison of the Past, Present and Future of Criminal LawJoanna Schmidt-SzalewskiPART III: COUNTERFEITING AND CRIMINAL ENFORCEMENT: SELECTED ISSUES17. Strategies Against Counterfeiting of Drugs: A Comparative Criminal Law StudyHans-Georg Koch18. Counterfeiting and the Spare Parts IssueJosef Drexl19. Counterfeiting and the Music Industry: Towards a Criminalization of End Users? The French 'HADOPI' ExampleChristophe GeigerIndex

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'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'

Review Quote

'This useful collection will repay careful reading by those involved in IPR policy formulation as well as by all IPR scholars.'

Details ISBN1849801460 Author Christophe Geiger Pages 432 Publisher Edward Elgar Publishing Ltd ISBN-10 1849801460 ISBN-13 9781849801461 Publication Date 2012-10-31 Year 2012 Media Book Short Title Criminal Enforcement of Intellectual Property Language English Subtitle A Handbook of Contemporary Research Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom AU Release Date 2012-10-31 NZ Release Date 2012-10-31 UK Release Date 2012-10-31 Format Hardcover Series Research Handbooks in Intellectual Property series Edited by Christophe Geiger DEWEY 345.0266 Audience Professional & Vocational We've got this

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