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Criminal Intellectual Property Enforcement in Asia: Sources, Significance, and Side-Effects

New Arrival Criminal Intellectual Property Enforcement in Asia: Sources, Significance, and Side-Effects

Criminal Intellectual Property Enforcement in Asia: Sources, Significance, and Side-Effects

Author: Kung-Chung Liu; Tianxiang He
Publisher: Oxford University Press
ISBN: 9780198978206

Published In: March 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,860.00

HKD 2,774.20 Save HKD 85.80 (3%)

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Description
Contents

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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.

1:Introduction: The Criminal Enforcement of IP Rule Violations

Roland Moerland

2:Criminal Punishment of IP Infringement under International Treaties

Shan Liu

3:The Complex Landscape of Criminal Sanctions for Intellectual Property Infringement in the United States

Irina Manta

4:Criminal Remedies for IP Enforcement in the United Kingdom: Growing from Strength to Strength

Tania Cheng-Davies

5:Criminal Enforcement of IP in Germany: Germans Don't Practice What They Preach?

Kung-Chung Liu

6:Intellectual Property and Criminal Sanctions - The EU

Anke Moerland, Anselm Sanders, Roland Moerland