Table of Contents

The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights

The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights

A Commentary

Elgar Commentaries series

Justin Malbon, Charles Lawson and Mark Davison

This Commentary on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides a detailed textual analysis of TRIPS – a pivotal international agreement on intellectual property rights. TRIPS sets minimum standards for national laws on copyright, patents, trademarks and other forms of intellectual property rights. TRIPS profoundly impacts upon the regulation of access to medicines, compulsory licensing of copyright material, geographical indicators and other significant IP-related matters.

Section 5 CRIMINAL PROCEDURES

Justin Malbon, Charles Lawson and Mark Davison

Subjects: law - academic, intellectual property law, law -professional, intellectual property law, politics and public policy, international relations

Extract

Article 61 requires Members to provide for criminal procedures and penalties for wilful trademark, counterfeiting and copyright piracy on a commercial scale, and allows Members the option of providing for criminal procedures and penalties for other cases of infringement. The provision does not impose a duty upon Members to prosecute any counterfeiting or piracy offences; although counterfeiting and piracy causes significant economic harm. According to the Counterfeiting Intelligence Bureau of the International Chamber of Commerce: Counterfeiting is one of the fastest growing economic crimes of modern times. It presents companies, governments and individuals with a unique set of problems. What was once a cottage industry has now become a highly sophisticated network of organised crime that has the capacity to threaten the very fabric of national economies, endanger safety and frequently kill. It devalues corporate reputations, hinders invest- ment, funds terrorism, and costs hundreds of thousands of people their livelihood every year. Counterfeiting accounts for between 5–7% of world trade, worth an estimated $600 billion a year.

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.

Further information