Full Description
IP scholars are not familiar with criminal law, nor are criminal law scholars familiar with IP law; Criminal Enforcement of Intellectual Property in Asia: Sources, Significance, and Side-Effects delves into this no man's land. It identifies and addresses the use (or overuse) of criminal punishment for protecting IP rights, a long-overlooked aspect of IP law that is shaping and distorting the IP landscape in Asia. This is in stark contrast to leading Western jurisdictions, whose criminal punishment of IP infringement, while provided for, is rarely enforced.
The overarching theme of this book is to critically review the rationale, legitimacy, and effectiveness of criminalizing IP infringement; assess its significance; expose its consequences; and propose suggestions for reform. The volume is divided into five parts. It starts with criminological discussion of IP crimes, followed by five chapters that study the sources and models of criminal punishment of IP infringement, namely international treaties, the US, UK, Germany, and the EU. It then surveys six major civil-law Asian jurisdictions (Japan, Taiwan, Korea, China, Thailand, and Vietnam) and four major common-law Asian jurisdictions (India, Malaysia, Hong Kong, and Singapore). These studies have been organized according to the chronological order in which each jurisdiction introduced criminal punishment of IP infringement, with each chapter following a common structure. The volume concludes with a comparative study, policy analysis, including rethinking the criminal sanctions against the background of generative AI and the evolution of IP, and reform suggestions for leading IP jurisdictions, Asian jurisdictions, and the WTO community.
Comprehensive and timely, Criminal Enforcement of Intellectual Property in Asia provides readers in Asia and beyond with valuable insights into why and how different regimes use criminal sanctions, their significance, and side-effects in an era shaped by rapid technological developments such as generative AI.
Contents
1: Roland Moerland: Introduction: The Criminal Enforcement of IP Rule Violations
2: Shan Liu: Criminal Punishment of IP Infringement under International Treaties
3: Irina Manta: The Complex Landscape of Criminal Sanctions for Intellectual Property Infringement in the United States
4: Tania Cheng-Davies: Criminal Remedies for IP Enforcement in the United Kingdom: Growing from Strength to Strength
5: Kung-Chung Liu: Criminal Enforcement of IP in Germany: Germans Don't Practice What They Preach?
6: Anke Moerland, Anselm Sanders, Roland Moerland: Intellectual Property and Criminal Sanctions - The EU
7: Masabumi Suzuki: Criminal Enforcement of Intellectual Property in Japan
8: Su-Hua Lee: Criminalisation of Intellectual Property Infringement in Taiwan
9: Byungil Kim: Reevaluating Criminal Enforcement of Intellectual Property Rights in Korea
10: Tianxiang He: Punitive Excess? Assessing China's Criminal IP Regime
11: Sutatip Yuthayotin, Worrawong Atcharawongchai: Intellectual Property Enforcement in Thailand: A Framework Combining Civil and Criminal Mechanisms
12: Van Anh Le, Nguyen Luong Sy: Criminal Enforcement of IP In Vietnam: All Bark and No Bite?
13: Prashant Reddy: Disproportionate Punishments for IP Infringement
14: Heng Gee Lim: Malaysia: Criminal Sanctions, Working in Tandem with Civil Enforcement of Intellectual Property Rights
15: Jyh-An Lee, Jingwen Liu: Criminal Enforcement of IP in Hong Kong
16: Lee Chuan, Chan Teng Boon: Criminalisation of IP Offences in Singapore
17: Feroz Ali: Rethinking the Role of Criminal Sanctions: Generative AI and the Evolution of IP
18: Kung-Chung Liu: Comparative Study of Criminal Enforcement of IP and Reform Suggestions
