Combating counterfeiting and piracy : a lost cause?

Abstract

This work addresses the recent worrying upsurge in intellectual property piracy and counterfeiting and whilst proving that combating piracy is not a lost cause, it aims to provide solutions and recommendations which could maintain piracy rates under control. It refers to the historical background of piracy to prove that it is not a novel phenomenon and delves into recent trends such as internet piracy and the damage caused by existing trends in our society. The work studies the Maltese and European anti-piracy regimes in detail and briefly refers to the various international action plans and initiatives. Whilst analysing the success or otherwise of such regimes in curbing piracy, it concludes that harsher penalties and enforcement procedures are required to combat piracy. The range and severity of criminal and civil remedies need to be revised. Inconsistencies within the laws have to be eliminated and provisions which provide for more efficient and speedy procedures to deal with counterfeit and pirate goods are recommended throughout this work. This dissertation provides for new amendments to ensure that enforcement is more effective and that pirates do not benefit from loopholes or weaknesses within anti-piracy laws.