The Relevance of Criminal Law in Intellectual Property Law Research

Abstract

Intellectual property (IP) law protects the private rights of owners, while criminal law secures the public interests, for harm to the society. In the present technology-driven society, magnitude of IP violations, particularly, in the form of counterfeiting, etc. affect the interests of the general public, calling for the application of criminal law to ensure stringent IP protection. The intersection of IP and criminal law remains controversial, yet significant, as it is in the interest of those in the field to examine the provisions beyond the scope of private right regime, as a public policy that can have a direct impact on public interests. This chapter analyses the intersection of criminal law and IP through a blend of exploratory and analytical methods. First, the authors situate the criminal law discussion in the domain of IP rights and examine how far the elements of crime may be identified in IP violations. Second, the concept of economic crimes as distinct from conventional crimes is discussed. In this regard, the laws of India, the United Kingdom (UK), and the United States (US) are examined, along with the most recent international developments, to show the trend towards criminal enforcement as the best possible protection for legitimate businesses and consumers. The chapter leaves much scope for future work whereby a balanced response to counter IP violations may be designed to benefit innovation and development.