NCJ Number
186879
Editor(s)
Adam Graycar Dr.
Date Published
November 2000
Length
6 pages
Annotation
This paper assesses the role of public law enforcement of intellectual property rights, the rights of patents, trademarks, copyrights, and trade secrets, through the recent experience of Australian custom, police and prosecution agencies.
Abstract
Over recent decades, intellectual property has emerged as an increasingly valued capital asset particularly in the transition to an information-based economy. The role of traditional public law enforcement agencies in the protection of intellectual property has over recent years become subject to increasing uncertainty. Emerging technologies provide new opportunities not only for breach of intellectual property rights but also for their protection. A new industry of electronic security services has begun to emerge, offering technological solutions to such business risks by way of encryption, water marking, secure payments systems, virtual private networking, and so on. Inevitably, given that much of this research and development originates in the private sector, it must be questioned what role remains for public agencies in the information age in the protection of intellectual property. There is debate over whether intellectual property rights are essentially private rights to be enforced primarily by civil infringement proceedings or a public good to be protected by public law enforcement authorities. The paper looks into the powers of customs, police, and prosecution services in relation to intellectual property. References