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Public Enforcement of Intellectual Property Rights
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Journal Article
Public Enforcement of Intellectual Property Rights
2000
Overview
In 1709 the first English copyright statute (the \"Act of Anne\") outlawed the unauthorised reproduction of literary works, and imposed monetary fines payable in equal share or \"moeity\" to the Crown and the copyright holder, along with compulsory forfeiture and destruction of infringing copies . The division of labour between public and private in the enforcement of intellectual property rights has become somewhat less well defined since, though a public role is clearly entailed by the inclusion of criminal infringement provisions in modern copyright and trademarks legislation. Part of the difficulty lies in the limited capacity of public law enforcement agencies to deal with all demands on their resources, along with a reluctance to intervene in what is often seen as private commercial disputation. Added to this are rapid changes in technology, which provide new opportunities both for the infringement of intellectual property rights and their protection. This Trends and Issues paper assesses the role of public enforcement of intellectual property rights through the recent experience of Australian customs, police and prosecution agencies. [PUBLICATION ABSTRACT]
Publisher
Australian Institute of Criminology
Subject
