NCJ Number
231920
Journal
American Criminal Law Review Volume: 47 Issue: 2 Dated: Spring 2010 Pages: 741-795
Date Published
2010
Length
55 pages
Annotation
This article examines several areas of intellectual property law used in criminal prosecutions.
Abstract
The article's section entitled "Theft of Trade Secrets" reviews the features of the following Federal laws: the Economic Espionage Act of 1996, the National Stolen Property Act, the Trade Secrets Act, mail and wire fraud statutes, the Racketeer Influenced and Corrupt Organizations Act (RICO), and the Computer Fraud and Abuse Act. Relevant State law provisions are also described. Another section of the article focuses on Federal laws that target trademark counterfeiting. These statutes include the Trademark counterfeiting Act, RICO, and money laundering laws. Laws designed to counter copyright infringements are reviewed in another section of the article. These laws include the Copyright Act, the National Stolen Property Act, mail and wire fraud statutes, RICO, the Money Laundering Act, and database-protection statutes. Relevant State laws are also discussed. A separate section addresses criminal violation of the Copyright Felony Act by online servers. The discussion pertains to copyright infringements via the Internet. Individual criminal liability and Internet service provider liability are addressed. A section on patent infringement focuses on false marking, a counterfeiting or forging-letters patent, and the provisions of the National Stolen Property Act that address patent violations. Another section addresses law that target cable television and satellite descrambling. The article's concluding section reviews U.S. Sentencing Guidelines' provisions for the following Federal laws: the Economic Espionage Act of 1996, the National Stolen Property Act, the Trade Secrets Act, mail and wire fraud statutes, RICO, the Trademark Counterfeiting Act, the Copyright Felony Act, false marking and counterfeiting or forging-letters patent, and statutes that address cable television and satellite descrambling. 458 notes