Is criminalisation necessary for the enforcement of intellectual property rights in Jordan and the UAE? Criminal v commercial measures

This article examines the national legislatures of Jordan and the United Arab Emirates (UAE) regarding civil/commercial litigation procedures, and their relation to a c riminal law enforcement approach to IP enforcement. In particular, this work considers whether this approach achieves its goal of protecting IPRs and providing legal and economic stability within the IP system. Thus, the application of criminal enforcement measures by courts was examined to understa nd both the need for criminalisation and whether there may be a negative impact on IPR infringement deterrence, should the courts fail to implement criminal measures. The examination shows that imprisonment as a means of criminal enforcement for IPR infringements is not the preferred method of deter rence in the legal systems of the UAE and Jordan, as the courts impose fines instead. In addition, civil/ commercial litigation is more effective in the legal systems under scrutiny due to non-effective criminal procedures and a lack of social awareness concerning the value of criminal enforcement o f IPR infringements.
Source: Crime, Law and Social Change - Category: Criminology Source Type: research