Criminal Enforcement of Intellectual Property Rights
Foreign & Indian Perspective
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Latin maxim 'Ubi jus ibi remedium' means where there is a right there is a corresponding remedy for its violation either civil or criminal in nature depending on the severity of the violation. But when only a particular kind of remedy has been given and the one which is more deterrent is still totally unused or ignored by the enforcing agencies including the courts etc. the reason for such is preoccupation of minds with prejudices that only a particular damages could be awarded. The present work throw lights on the procedural stagnancy in not punishing the accused in accordance with the Crimin...
Latin maxim 'Ubi jus ibi remedium' means where there is a right there is a corresponding remedy for its violation either civil or criminal in nature depending on the severity of the violation. But when only a particular kind of remedy has been given and the one which is more deterrent is still totally unused or ignored by the enforcing agencies including the courts etc. the reason for such is preoccupation of minds with prejudices that only a particular damages could be awarded. The present work throw lights on the procedural stagnancy in not punishing the accused in accordance with the Criminal Procedure in India as compared to other parts of the world like US, UK etc. and the given punishment is pecuniary fine under Civil Procedure till date in all Indian cases. The author has synthesized the Socio-Economic Crime and White Collar Crime with the IP Crimes in contemporary age of globalism and free trade. This comparative research primarily focuses on the changing paradigms of enforcement of the law in protection of Intellectual Property Rights throughout the globe, particularly, in the Indian regime of most vulnerable South-Asian region as compared to other developed countries.
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