Jail sentence for copyright infringement

Alex Malik of University of Technology Sydney reports on the recent case of Le v R [2007] FCA 1463 which resulted in the imposition of a custodial sentence. According to Alex Malik, the courts are taking a less lenient approach when applying sentences for intellectual property rights infringement, especially when the defendant has undertaken the activities on a commercial basis, for financial gain and is a recidivist offender.

Intellectual property rights infringement cases are typically delat with by rights owners under civil law, with these cases being heard in the Federal Court or Federal Magistrates Court. However, some intellectual property rights infringement cases have been dealt with under criminal law, with the Commonwealth Director of Public Prosecutions prosecuting defendants in the Local Court.

Australian Intellectual Property Law Bulletin (2008) 20(7)


Related Posts