| dc.description.abstract | Enforcement issues have been very much to the fore in recent years, with increasing emphasis on the need to deter infringing conduct. this thesis will concentrate on the provisions relating to damages, as set out in section 97 of the Copyright, Designs and Patents Act 1988 (CDPA 1988) and will consider the research question, which is whether those provisions contain a sufficient punitive element to successfully deter copyright infringement. The thesis will initially set out the conceptual framework, which identifies the issues that arise with compensation only damages, then go on to consider the purpose and effect of of punitive damages as a deterrent. it will also consider the concept of deterrence. the research explores the international framework that governs an award of copyright damages, to include the TRIPS Agreement and the Trade and Cooperation Agreement 2020, as well as any potential Free Trade Agreements (FTA’s) that already apply, or which may apply to the UK following Brexit. the provisions of the Enforcement Directive 2004/48/EC will be explored in some detail. There will be an analysis of the existing domestic framework of compensatory damages in the UK, followed by consideration of the existing framework of punitive damages. By comparison, it will be exploring the availability and application of punitive damages in Australia and the United States and finally, it will address the human rights issues which arise from the chilling effect on free speech by the application of punitive damages in that context. the work has doctrinal legal research as well as comparative methods, which have focused upon the existing law and whether and to what extent, either the US or Australia can provide appropriate guidance for a reform of section 97 of the CDPA 1988. The conclusions will show that the UK should explicitly provide for the availability of punitive damages, as they are necessary to deter copyright infringement, but also that any punitive provisions could be clearly set out in the legislation, along with the clear guidance as to their application. The findings of this research may provide a normative basis for reform of the damages provisions for copyright infringement in the UK and will therefore constitute a contribution to knowledge. | en_GB |
