Elgar Commentaries series
Section 4 SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
As an addition to the enforcement of intellectual property by Members, Articles 51–60 establish a series of special requirements related to border measures. In effect these border measures impose on Members obligations to institute customs controls on the import and export of IP protected goods. The measures establish the procedures and conditions to enable right holders to get customs authorities to prevent the release of allegedly infringing IP protected goods. These are the ‘new rules and disciplines’ addressed in the TRIPS Preamble for the ‘effective and appropriate means for the enforcement of trade-related IP rights, taking into account differences in national legal sys- tems’. Concerns about border measures and their limited status under the Paris Convention (1967) and Berne Convention (1971) were a principal reason for the TRIPS negotiations and the standards adopted reflected the practice of developed nations. These measures also impose significant costs to implement requiring the infrastructure of customs controls and a judicial or other mechanism to enforce the IP claims. Significantly, the footnote to the section heading clarifies that the conception of a border is the outer border controlling the import and export into the bordered regions that will include customs unions of more than one Member, such as the EU.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.