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Weatherall, Kimberlee --- "Criminal sanctions as a tool against online infringement: national law, international treaties, transnational cooperation" [2020] ELECD 32; in Aplin, Tanya (ed), "Research Handbook on Intellectual Property and Digital Technologies" (Edward Elgar Publishing, 2020) 531

Book Title: Research Handbook on Intellectual Property and Digital Technologies

Editor(s): Aplin, Tanya

Publisher: Edward Elgar Publishing

Section: Chapter 26

Section Title: Criminal sanctions as a tool against online infringement: national law, international treaties, transnational cooperation

Author(s): Weatherall, Kimberlee

Number of pages: 22

Abstract/Description:

There has been much debate about extensions of criminal law to police online IP infringement, both in domestic and international law. Less often commented on is how developments in copyright law interact with the general criminal law, and the machinery of transnational law enforcement cooperation. This chapter shines a light on the use of general criminal law to skirt limitations on criminal copyright offences. It also shows how the expansion of criminal law enforcement remedies (such as seizure and forfeiture) can be employed to enable more aggressive States to reach and punish citizens in other jurisdictions. Increasingly, in the online world, not only does everyone know you’re an infringer, but almost any State could try to jail you.