The enforcement of criminal sanctions against intellectual property rights' infringement : justification, progression and impediments in developing countries

• Main Author: Kumarage, Thushara
• Published: University of Aberdeen 2010
• Subjects: 340; Intellectual property rights
• Online Access: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.542634

Because of the importance attached to intangible assets in the modern world, the remedies for intellectual property infringement have been brought under the spotlight.  In this background, there has been an increased interest regarding the scope and desirability of using criminal sanctions for the protection of IPR, especially in cases involving commercial-scale counterfeiting and piracy.  However, this development has been received with mixed sentiments, with some commentators criticising the legitimacy of using criminal law for the protection of private property rights. This thesis undertakes a search for a coherent justification for criminalising intellectual property infringement.  The thesis also attempts to demonstrate the evolution and progression of criminal enforcement of IPR at the international level.  Furthermore, the thesis analyses crosscutting issues encountered by developing countries when enforcing criminal sanctions, thereby explaining the reluctance to reform criminal remedies for IPR infringement in these countries.  The thesis identifies criminal sanctions as a desirable remedy for countering the rising threat of piracy and counterfeiting.  It also highlights the achievements and shortcomings of multilateral actions taken thus far in relation to criminal IPR enforcement, thereby providing valuable insights for future negotiations.  Finally, it emphasises that a criminal IPR enforcement regime in any jurisdiction should be evaluated with caution, giving due consideration to other economic development interests and priorities of developing countries.