Law Compensation Retribution (Essay Sample)

Law
Name:
Institution:
Law
Intellectual property
Intellectual property is any advancement in technology or innovation, business or creative components; any new technique or recipe with monetary quality; or any exceptional name, image, or logo that is utilized industrially. Intellectual property is secured by licenses on developments; trademarks on marked gadgets; copyrights on music and state and government laws (Merges 2011).
Intellectual property theft is characterized as robbery of material that is copyrighted, the burglary of competitive advantages, and trademark infringement (Barrett 2008). A copyright is the lawful right of a creator, distributor, writer, or other individual who makes a work to solely print, distribute, appropriate, or perform the work in public. Samples of copyrighted material regularly stolen online are computer programs, recorded music, motion pictures, and electronic recreations.
Jurisdictional issues in reporting of the intellectual property theft
With the internet use being cross border, the main challenge in prosecuting crimes of intellectual property theft is jurisdiction. According to Shinder (2002), most countries lack cross border police corporation agreement, making it hard to arrest and bring to book criminals hiding in such countries. Individuals who also conduct these crimes may tend to wait for money to accumulate to large amounts then they hide and go to exile in countries out of jurisdiction. Despite the use of international police body - Interpol to arrest such perpetrators, there is need for coordination between different government agencies so as to arrest and prosecute perpetrators of intellectual property theft.
Regulation of the intellectual property theft
In order to regulate the intellectual properties of people, the federal state plays a major role by administering federal law that puts checks and balances on the use of intellectual properties. According to Burrow and Kleindl (2013), through provision of patent, copyrights and trademarks, the federal government is able to protect the properties of individuals and firms from misuse and theft of their products. The state and local law enforcement bodies also play a major role by assisting the courts of law in arresting and investigating cases of intellectual property theft and maintaining evidence of the theft. The law enforcement bodies will also be in a position to secure warrants from judges to gain authorization for conducting surveillance of suspected perpetrators. Without the warrant, it will be unlawful to conduct the surveillance.
Retribution for the offender of intellectual property theft
Once proven guilty of committing intellectual property theft, the offender stands to be subjected to various actions. They include injunction so as to prevent the offender from carrying on with the activities that are against the intellectual rights of the victim. In cases where the perpetrator is in possession of any property, they should be impounded and destroyed or disposed in a reasonable manner (Flinn 2000). The offender also stands to be fined and cater for all the fees covered in the judicial proceedings.
Compen...