Ch Geiger (ed), Criminal Enforcement of Intellectual Property

Author:Rita Matulionyte
Position:Dr. iur., LL.M., Deputy Director at Law Institute of Lithuania
Pages:63-65
 
FREE EXCERPT
2013
63
4
Book Reviews
1
Criminal enforcement of IP rights has been a hot
topic on both the European and international level
for the last several years. Despite the failure of
the Proposed EU Directive on Criminal Measures
(2005/0127/COD) and the rejection by the European
Parliament of the Anti-Counterfeiting Trade
Agreement (ACTA) that contained provisions on
criminal enforcement (among others), the discussion
has not stopped. Europeans are awaiting with

the European Commission, and the international
IP society is following the negotiations of the
   
the research handbook ‘Criminal Enforcement of
Intellectual Property’, edited by Christophe Geiger, is
a timely academic venue to cultivate the ground for

2
The book contains contributions by the most

(Germany, France, UK, Finland) and abroad (US,
China, Argentina). The book is arranged in three parts
addressing societal issues underlying IP enforcement
(I), the search for right remedies for IP enforcement
(II) and a selection of the most problematic issues
(III). Part II is the richest, ranging from historical and
economic perspectives to criminal IP enforcement
to international, regional and national experiences

   
an interdisciplinary approach, the book provides a
broad picture of the discussion surrounding criminal
enforcement in IP. Readers could be disappointed
that some of the most recent developments – such
as the rejection of ACTA in the European Parliament,
    
Partnership agreement or the fresh experience in
the implementation of the controversial French
HADOPI law – are not covered by the book (the
manuscript was probably submitted to the publisher
before these events). Also, keeping in mind the
prospective initiative by the European Commission
on criminal measures, readers might have expected
some more concrete suggestions on how Europe has
to move forward on this issue. Overall, however, the
contributions are of high academic value and are
likely to be instructive and enlightening for both

3
Each contribution deserves a short notice. The

strict protection of IP does not necessarily meet
the needs of society. Retro M. Hilty, while discussing
economic, legal and social impacts of counterfeiting,
suggests that imitations of (patented) products,
as distinguished from identical use, are good for
competition and innovation and therefore should
not be punished. Also, as the boundary between
(welcomed) imitations and (unwelcomed) identical
use is not clear, a very strong enforcement of the
latter (e.g. through criminal measures) can be a
deterrent for the former as well as to competition
in the markets in general. The same argument in
   
seems to be underdeveloped. Ansgar Ohly provides
an excellent analysis of whether IP law should also
protect the interests of consumers. Ohly suggests
a wisely differentiated answer: in the case of
patent and copyright, he does not see such a need;
however, in regard to trademark law, he concludes
that ‘consumer interests cannot be ignored’, and the
inclusion of consumer protection as one of the goals
Christophe Geiger (ed.), Criminal
Enforcement of Intellectual Property.
A Handbook of Contemporary Research
Edward Elgar 2012, 416 pages, ISBN 978-1-84980-146-1
by Rita Matulionyte,
Dr. iur., LL.M., Deputy Director at Law Institute of Lithuania
© 2013 Rita Matulionyte
Everybody may disseminate this ar ticle by electr onic means and make it available for d ownload under the terms and
conditions of the Digita l Peer Publishing Licence (DPPL). A copy of the license text may be obtaine d at http://nbn-resolving.
de/urn:nbn:de:0009-dppl-v3-en8 ..
Recommended citation: Rit a Matulionyte, Book Revie w – Christophe Geiger (ed.), Criminal Enforcement of Int ellectual
Property. A Handbook of Cont emporary Research, 4 (2013) JIPITEC 63, par a. 1.

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