Perspectives from Law, Economics and Political Economy
New Horizons in Intellectual Property series
Edited by Meir Perez Pugatch
Chapter 4: The Enforcement of Intellectual Property Rights: An EU Perspective of a Global Question
Paul Vandoren and Pedro Velasco Martins* One of the main problems with adopted rules is that they must be implemented and enforced, in order to remain credible and eﬀective. In many instances, and in particular when such implementation is complex, costly and resource-intensive, it would certainly help if the institutions called upon to carry out such tasks were convinced of the overall beneﬁcial eﬀect of their eﬀorts for the community in general. In this chapter, we will describe why the enforcement of intellectual property rights (IPR), and in particular the ﬁght against violations of such rights, is important for the European Union. But, perhaps most importantly (and in a way more diﬃcult) we will endeavour to explain why it should be equally important for others, including many developing countries where piracy, counterfeiting and other IPR infringements are currently widespread and systemic, to contribute to such eﬀorts. Furthermore, we will present the ‘Strategy for the enforcement of intellectual property rights in third countries’,1 a paper setting the guidelines for the action of the European Union in the coming years to address the problem outside its borders. At a time when we are celebrating the 10th anniversary of the TRIPs agreement,2 we must face the fact that levels of piracy and counterfeiting continue to increase every year and have grown to industrial proportions, becoming a serious threat to national economies and governments. This has happened in spite of the fact that, by now, most...
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