Criminal Punishment of IP Infringement under International Treaties

Abstract This chapter analyses the criminal punishment of intellectual property rights (IPR) infringement under international treaties, with a regional focus on Asia. It traces the historical evolution of IPR criminalization from the foundational Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which established minimum standards for criminal enforcement, including penalties for ‘wilful trademark counterfeiting or copyright piracy on a commercial scale’. US-led bilateral free trade agreements (FTAs) (e.g. with Singapore, South Korea, and the US–China POA) are examined, highlighting their ‘TRIPS-plus’ provisions that expand criminal scope to satellite signals, technological protection measures (TPMs), and trade secrets while lowering enforcement thresholds. For multilateral agreements, the Comprehensive and Progressive Trans-Pacific Partnership Agreement (CPTPP) introduces advanced digital era protections (e.g. criminalizing TPM circumvention and trade secret misappropriation), while the Regional Comprehensive Economic Partnership (RCEP) balances regional interests by addressing digital infringements and cross-border piracy with flexible domestic implementation. A comparative analysis reveals key distinctions: TRIPS provides a baseline framework; US FTAs and CPTPP impose stricter, innovation driven standards; and RCEP accommodates developing economies’ capabilities. Summarily, the chapter underscores how power dynamics shape treaty design with developed nations prioritizing enforcement for technological industries, while developing states seek proportionality. It concludes by advocating harmonized, digitally adaptive standards that reconcile deterrence with developmental needs, ensuring criminal sanctions remain a targeted, rather than excessive, tool in global IP governance.