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.
Rebecca Giblin, Kimberlee Weatherall, Jane C. Ginsburg and Jukka Liedes
This provocative chapter examines the gaps in WIPO’s present programmes and discusses what the organization may do to contribute more responsibly to the international system. The authors identify two particular areas in which this might occur. The first is creating a more balanced system that enables creativity for all in the field of copyright, given how existing treaties constrain its margin for manoeuvre, and how politicized and polarized discussions at WIPO have become. Voluntary and networked systems of recordal of rights and their exploitation provide one way forward that is consistent with the current international conventions and which is now enabled by new information and communications technologies. The second area for consideration is how WIPO can confront the urgent challenges of climate change with the tools that are at its disposal. The first of these areas may involve a paradigm shift in thinking; the second involves little less than saving the plant from global warming. Both require WIPO to rethink its overall mission, particularly in relation to its PCT and Madrid surpluses and to adopt a wider and more integrated role in the overall UN system.