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.
Edited by Christophe Geiger, Professor of Law, Director General and Director of the Research Department, Centre for International Intellectual Property Studies (CEIPI), University of Strasbourg, France
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 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. 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