Table of Contents

Intellectual Property in Common Law and Civil Law

Intellectual Property in Common Law and Civil Law

Edited by Toshiko Takenaka

Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions. It questions whether these elements are destined to remain diverged, and tries to identify common ground that might facilitate a form of harmonization.

Chapter 13: Extraterritorial enforcement

Marketa Trimble

Subjects: asian studies, asian law, law - academic, asian law, comparative law, intellectual property law


For three decades international negotiations in the intellectual property area have evidenced increasing concern by countries representing major intellectual property exporters that intellectual property rights be effectively enforced. This interest in enforcement was a logical step that followed the success of these countries in pursuing enhanced protection for intellectual property in international treaties and national laws; once the protection was anchored in national laws, the emphasis shifted to having the protection effectively enforced. So far, the focus has been on enforcement within individual countries; however, because infringements of intellectual property rights are transcending countries’ borders with intensifying frequency and volume and are affecting rights in multiple countries, the next stage in international intellectual property negotiations should address both the need to enforce rights simultaneously in multiple countries and the need to enforce rights against infringers located outside protecting countries. The current extraterritorial enforcement efforts are associated with a variety of problems, which are discussed in this chapter.

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