Abstract

http://ssrn.com/abstract=1775686
 


 



Criminal Enforcement of Intellectual Property Law – An Economic Approach


Andrea Wechsler


European University Institute - Department of Law (LAW); Max Planck Institute for Innovation and Competition

July 12, 2010

C. Geiger (ed.), 'Criminal Enforcement of Intellectual Property: A Handbook of Contemporary Research', Cheltenham (UK) / Northampton, MA (UK), Edward Elgar, 2012, Forthcoming
Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 11-05

Abstract:     
With piracy and counterfeiting constituting an ever-growing international phenomenon that threatens the world social and economic order, criminal sanctions in intellectual property law are fervently debated as to their aptitude to address particular infringement situations. A "beacon of hope" for guidance in this highly contentious law and policy area is the economic approach to law. However, the area of criminal enforcement of IP law is still a closed book and has carelessly been neglected by economic research.

In the light of this scarcity of economic research, this paper, first, discusses the state of economic research on criminal enforcement of IP law. It reviews the economic analysis of criminal sanctions in research, law, policy, and enforcement before suggesting relevant issues and questions to be addressed by economic research. This paper provides, second, for an introduction to the learnings from the economics of crime and punishment and discusses their applicability to IP law. It focuses thereby in particular on economic rationales for the criminal enforcement of IP law and optimal levels of punishment. This paper discusses, third, the limitations of the economic approach to criminal sanctions in IP law before closing with the suggestion of a future research agenda for economists.

In summary, this paper constitutes a strong plea for both social economics research, behavioural approaches, and empirical economic research for the assessment of criminal sanctions in IP law while critically acknowledging the limitations of an economic analysis of criminal law.

Number of Pages in PDF File: 29

Keywords: Intellectual Property Law, Law and Economics, Crime, Criminal Law, Criminal Sanctions, Criminal Enforcement

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Date posted: May 13, 2011 ; Last revised: December 25, 2013

Suggested Citation

Wechsler, Andrea, Criminal Enforcement of Intellectual Property Law – An Economic Approach (July 12, 2010). C. Geiger (ed.), 'Criminal Enforcement of Intellectual Property: A Handbook of Contemporary Research', Cheltenham (UK) / Northampton, MA (UK), Edward Elgar, 2012, Forthcoming; Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 11-05. Available at SSRN: http://ssrn.com/abstract=1775686

Contact Information

Andrea Wechsler (Contact Author)
European University Institute - Department of Law (LAW) ( email )
Via Boccaccio 121 (Villa Schifanoia)
I-50122 Firenze
ITALY
Max Planck Institute for Innovation and Competition ( email )
Marstallplatz 1
Munich, 80539
Germany
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