Criminal enforcement of intellectual property rights: an overview and comparative analysis of the Balkans.

This article provides a comprehensive overview and comparative analysis of the criminal law protection and enforcement of intellectual property rights (IPRs) in the Balkan countries, with a particular focus on trade mark infringement. It examines how international obligations, especially under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement 1994), have led Balkan states to criminalize IPR infringements, outlining the legal elements required for prosecution, including the often necessary proof of intent to deceive consumers. The article highlights challenges faced by law enforcement and courts in investigating and prosecuting IP crimes, which are frequently linked to other serious offenses such as organized crime, cybercrime, and money laundering. It concludes by recommending enhanced legal clarity, stronger cooperation between law enforcement and IP stakeholders, improved international collaboration, and prioritization of IP crimes to strengthen criminal enforcement as a deterrent and safeguard for both private rights and public interests in the region.