Introduction

Abstract In discussions on criminal enforcement of IP crime we often see very diverging views. On the one hand, the use of criminal law is perceived by some as an excessive and ineffective intrusion that comes at the cost of personal liberty and the freedom to innovate, while on the other hand, those supporting criminalization and enforcement see it as a justified and effective means to control and prevent an alarming rise in criminal behaviours that are very similar to fraud and theft and increasingly involve organized crime. But the reality is more complex. To move discussions beyond this dichotomy, a closer and critical look at criminal enforcement of IP rule violations from a criminological perspective can be insightful. When taking stock of the chapters included in this volume, it becomes clear that several issues stand out. These include the nature of IP crime, its scope and prevalence, why and how it is criminalized, its control through criminal enforcement, the intersection with civil enforcement, and the challenges involved and implications thereof. The aim of this chapter is to criminologically ‘unpack’ and contextualize these issues, facilitating readers’ reflections when engaging with the subjects discussed in the chapters that follow.