Criminal Intellectual Property Enforcement in Asia: Sources, Significance, and Side-Effects

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Kung-Chung Liu (Professor of Law, Professor of Law, Jinan University) Tianxiang He (Associate Professor, Associate Professor, City University of Hong Kong, School of Law)

Criminal Intellectual Property Enforcement in Asia

Name: Criminal Intellectual Property Enforcement in Asia
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ISBN: 9780198978206

Sources, Significance, and Side-Effects

Kung-Chung Liu (Professor of Law, Professor of Law, Jinan University), Tianxiang He (Associate Professor, Associate Professor, City University of Hong Kong, School of Law)

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English

Oxford University Press
05 March 2026

Criminal law & procedure; Intellectual property law

IP scholars are not familiar with criminal law, nor are criminal law scholars familiar with IP law; Criminal Enforcement of Intellectual Property in Asia: Sources, Significance, and Side-Effects delves into this no man's land. It identifies and addresses the use (or overuse) of criminal punishment for protecting IP rights, a long-overlooked aspect of IP law that is shaping and distorting the IP landscape in Asia. This is in stark contrast to leading Western jurisdictions, whose criminal punishment of IP infringement, while provided for, is rarely enforced.

The overarching theme of this book is to critically review the rationale, legitimacy, and effectiveness of criminalizing IP infringement; assess its significance; expose its consequences; and propose suggestions for reform. The volume is divided into five parts. It starts with criminological discussion of IP crimes, followed by five chapters that study the sources and models of criminal punishment of IP infringement, namely international treaties, the US, UK, Germany, and the EU. It then surveys six major civil-law Asian jurisdictions (Japan, Taiwan, Korea, China, Thailand, and Vietnam) and four major common-law Asian jurisdictions (India, Malaysia, Hong Kong, and Singapore). These studies have been organized according to the chronological order in which each jurisdiction introduced criminal punishment of IP infringement, with each chapter following a common structure. The volume concludes with a comparative study, policy analysis, including rethinking the criminal sanctions against the background of generative AI and the evolution of IP, and reform suggestions for leading IP jurisdictions, Asian jurisdictions, and the WTO community.

Comprehensive and timely, Criminal Enforcement of Intellectual Property in Asia provides readers in Asia and beyond with valuable insights into why and how different regimes use criminal sanctions, their significance, and side-effects in an era shaped by rapid technological developments such as generative AI.

Volume editor: Kung-Chung Liu (Professor of Law Professor of Law Jinan University), Tianxiang He (Associate Professor, Associate Professor, City University of Hong Kong, School of Law)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 167mm, Spine: 28mm
Weight: 945g
ISBN: 9780198978206
ISBN 10: 0198978200
Pages: 480
Publication Date: 05 March 2026
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1: Roland Moerland: Introduction: The Criminal Enforcement of IP Rule Violations 2: Shan Liu: Criminal Punishment of IP Infringement under International Treaties 3: Irina Manta: The Complex Landscape of Criminal Sanctions for Intellectual Property Infringement in the United States 4: Tania Cheng-Davies: Criminal Remedies for IP Enforcement in the United Kingdom: Growing from Strength to Strength 5: Kung-Chung Liu: Criminal Enforcement of IP in Germany: Germans Don't Practice What They Preach? 6: Anke Moerland, Anselm Sanders, Roland Moerland: Intellectual Property and Criminal Sanctions - The EU 7: Masabumi Suzuki: Criminal Enforcement of Intellectual Property in Japan 8: Su-Hua Lee: Criminalisation of Intellectual Property Infringement in Taiwan 9: Byungil Kim: Reevaluating Criminal Enforcement of Intellectual Property Rights in Korea 10: Tianxiang He: Punitive Excess? Assessing China's Criminal IP Regime 11: Sutatip Yuthayotin, Worrawong Atcharawongchai: Intellectual Property Enforcement in Thailand: A Framework Combining Civil and Criminal Mechanisms 12: Van Anh Le, Nguyen Luong Sy: Criminal Enforcement of IP In Vietnam: All Bark and No Bite? 13: Prashant Reddy: Disproportionate Punishments for IP Infringement 14: Heng Gee Lim: Malaysia: Criminal Sanctions, Working in Tandem with Civil Enforcement of Intellectual Property Rights 15: Jyh-An Lee, Jingwen Liu: Criminal Enforcement of IP in Hong Kong 16: Lee Chuan, Chan Teng Boon: Criminalisation of IP Offences in Singapore 17: Feroz Ali: Rethinking the Role of Criminal Sanctions: Generative AI and the Evolution of IP 18: Kung-Chung Liu: Comparative Study of Criminal Enforcement of IP and Reform Suggestions

Kung-Chung Liu teaches at Jinan University, China, and he is also adjunct chair professor at Shandong University. Professor Liu's fields of specialty include intellectual property law, antitrust and unfair competition law, communications law and the interface between those disciplines, with a geographic focus on greater China and Asia. Professor Liu has authored two monographs: IP Laws and Regimes in Major Asian Economies: Combing Through Thousand Threads of IP To Peace in Asia (Routledge, 2022); Deciphering IP Law and Its Conflict and Complementarity with Competition Law: Global Norms Against Asian Context (Routledge, 2025). He has also edited a further sixteen volumes in English. Tianxiang He currently holds the position of Associate Professor at the School of Law, City University of Hong Kong. Professor He is the accomplished author of the book Copyright and Fan Productivity in China: A Cross-jurisdictional Perspective (Springer, 2017), alongside numerous articles published in notable journals such as the American Journal of Comparative Law, Queen Mary Journal of Intellectual Property, Journal of the Copyright Society of the U.S.A., Computer Law & Security Review, The University of Illinois Journal of Law, Technology & Policy, Hong Kong Law Journal, and Asia Pacific Law Review.