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Please use this identifier to cite or link to this item: http://hdl.handle.net/123456789/10277

Title: Intellectual Property and Criminal Law
Authors: Gopalakrishnan N S
Keywords: Intellectual property and criminal law
Concept of Property
Property and the Constitution
Intellectual Property
Protection of Property and the Penal Code
Intellectual Property and Criminal Law
Issue Date: 1994
Publisher: National Law School of India University Bangalore, India
Citation: Gopalakrishnan, N.S (1994).Intellectual Property and Criminal Law.National Law School of India University, Bangalore.
Abstract: In this book, the author chose to look at the scope of criminal sanctions in property rights generally and those in intellectual property in particular. The basic provisions contained in the Indian Penal Code enacted in the 1860s were found inadequate to protect the new types of property which emerged after the industrial revolution. Since the concept was not statutorily defined, courts have responded to the emerging situations with expansive and inclusive interpretations and gave the support of criminal law of property rights regime. The doctrine of identifying property rights in the personality of the individual gave status and legitimacy very close to that of right to personal liberty. Constitutions of various countries and the Universal Declaration of Human Rights further sanctified property rights irrespective of the nature of property and its uneven distribution in society. The balance between private right and public interest vis-a-vis property evolved systematically by courts over a century through case law is now put to strain by newer forms of intellectual creations. As the author has attempted to show, the conventional instruments of criminal law is increasingly finding it difficult even to detect property offences, much less to successfully prosecute its violations. The main contribution of the study in this area is its appraisal of current international and domestic practices in using criminal sanctions for protection of intellectual property rights. The theme assumes importance in the context of GATT Agreement which calls for a vigorous enforcement system including the criminal law for greater protection of private rights to intellectual property. It is in the framework of the criminal law that a society finds the appropriate balance between the legitimate extent of private rights and the desirable scope of public interest in institutions like property.
Description: Electronic version of the book "Intellectual property and criminal law" by N.S. Gopalakrishnan published by National Law School of India University, Bangalore, India in 1994
URI: http://hdl.handle.net/123456789/10277
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