Research Handbook on Intellectual Property and Digital Technologies
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Research Handbook on Intellectual Property and Digital Technologies

Edited by Tanya Aplin

This Handbook provides a scholarly and comprehensive account of the multiple converging challenges that digital technologies present for intellectual property (IP) rights, from the perspectives of international, EU and US law. Despite the fast-moving nature of digital technology, this Handbook provides profound reflections on the underlying normative legal dilemmas, identifying future problems and suggesting how digital IP issues should be dealt with in the future.
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Chapter 26: Criminal sanctions as a tool against online infringement: national law, international treaties, transnational cooperation

Kimberlee Weatherall


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.

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