EW Barker Centre for Law & Business
Research Staff
Dr Ainee Adam Ainee graduated from the International Islamic University of Malaysia with an LL.B (Hons) (First Class). She then chambered and practised law at Skrine, Malaysia. Subsequently, she was awarded with a scholarship from the University of Malaya, Malaysia to pursue both her LL.M and Ph.D in Intellectual Property from the Faculty of Law, Monash University, Australia. Prior to taking up her position as a postdoctoral fellow at the Centre for Business and Law at the Law Faculty, National University of Singapore, she was a Senior Lecturer at the Faculty of Law, University of Malaya, Malaysia and also the Managing Editor for the Journal of Malaysian and Comparative Law. Her current research interests include the implementation of the international standard of criminal enforcement measures to combat copyright piracy on a commercial scale in national laws. Research areas Criminal Sanctions in the Copyright Laws of Australia, Malaysia and Singapore The article assesses the level of criminal penalties made available in national copyright laws by reference to the principles arising from the deterrence theory of criminal punishment. This assessment determines whether the national criminal enforcement measures achieve overarching objective of the international standard for punishing copyright piracy on a commercial scale. In particular, the article assesses the current penalties made available in the Australian, Malaysian and Singaporean Copyright Laws to determine: (1) whether the penalties are in compliance with the objectives of the Article 61 standard in the Trade-Related Aspects of Intellectual Property Rights Agreement and, more broadly, with the deterrence theory of criminal punishment; and (2) whether there has been an excessive reliance on criminal punishment to deter copyright piracy on a commercial scale, which could potentially result in the loss of the public's confidence in the fairness of the penal system, thereby undermining the legitimacy of the criminal law. |