Assignment

Question 1

Any jurisdiction that is associated with intellectual property crime as well as disputes which have to do with retribution and compensation may cause more challenges when the crime takes place in the media. Intellectual properties refers to each and every advancement in terms of technology or modernization, business enterprise or creative elements, any recent method or formulation with financial value; or anything with an exceptional branding name or logo that is used commercially. Questions usually arise concerning where an accusation should be recorded and which authority will be responsible for overseeing the responding to the complaint. (Lucchi, 2006).

            Intellectual property rights are not very common to the public as they can be complex or complicated .One intellectual property item may be secured by various IP rights which can lead to infringement in a number of ways. For instance an acoustic compact disc in the music industry is referred to as ‘mechanical’ right while being recorded and designing rights in terms of the cover. Commonly known brands usually register their brands as trademarks to avoid infringements. (Lucchi, 2006).

Due to the complex nature of legal issues that entail intellectual property crimes, the government came up with the internet crime complaint (ICCC).This body deals with intellectual property crime and directs the cases to corresponding agencies that will bear the responsibly of investigating the case at the state, locality or global level. The law enforcers of this entity are regulatory agencies. (Lucchi, 2006).

Question 2

The role of law enforcers in intellectual property theft in media scenarios.

The state collaborates with other law enforcers and third parties to ensure that they widen their base of monitoring and create awareness of the violation, get information about crime patterns, facilitate investigations that will assist in solving the crime and identify the perpetrators and gathering evidence of concerning any intellectual property theft in the media. (Harms, 2012).

Another role that the law enforcer’s play to regulate intellectual property crime is that they help to enforce the law and ensure it is adhered to by the public. This reduces instances of infringement on intellectual property. For instance they ensure that they set up an operational framework that will assist everyone to license their products and items as a method of discouraging crime. By licensing, they ensure that rights are granted to the owner of the intellectual property to do as he pleases with it. Licensing ensures that there is a continuous flow of creativity and protection of the content. They also make an environment where the creator profit from their craft. (Harms, 2012).

Question three

Most of the victims of intellectual property are more concerned about how they can regain their monetary losses that they have suffered as a result of the theft. Victims are usually entitled to a form of restitution or compensation to cover their losses. The perpetrator must agree to pay as part of the agreement. Victims may be a person or business entity. (Harms, 2012).

As stipulated by the federal law compensation is compulsory for intellectual property crimes. A perpetrator who does not have money is very unlikely that he compensate the victim. If an offender is found guilty, the attorney general is supposed to provide the probation office with essential information on each loss that was incurred by the victim .Victims are supposed to take into account compensations available as they are normally limited and ,ay not cover the loss efficiently. (Harms, 2012).

 

References

Lucchi.N. (2006).Digital Media and Intellectual Property. Springer.

Harms. Louis. (2012).The Enforcement of Intellectual Property Rights. World Intellectually Property Rights.