Development Agendas in a Changing World
Elgar Intellectual Property and Global Development series
Edited by Ricardo Meléndez-Ortiz and Pedro Roffe
Chapter 16: Enforcement Provisions of EPAs
Sisule F. Musungu INTRODUCTION A key part of the strategy behind the introduction of intellectual property (IP) into the Uruguay Round of Multilateral Trade Negotiations resulting in the Agreement on TradeRelated Aspects of Intellectual Property Rights (TRIPS) was to ratchet up enforcement of IP rights (IPRs) in developing countries. Consequently, in addition to the application of the World Trade Organization (WTO) dispute settlement system to IP disputes between WTO Members, detailed rules regarding enforcement of IP at the national level were inserted into the TRIPS Agreement. The whole of Part Three of the TRIPS Agreement, containing 21 articles out of the Agreement’s 72 articles, relates to enforcement. The minimum enforcement standards under TRIPS cover general obligations on enforcement to very specific rules on evidence, injunctions, damages, remedies and border measures, as well as the application of criminal procedures and penalties. These TRIPS standards have had both a conceptual and practical effect with respect to enforcement of IPRs in developing countries and least-developed countries (LDCs). In the last decade, many of these countries have already made significant efforts towards meeting the standards set by TRIPS. However, notwithstanding the massive ratcheting-up of the enforcement requirements on developing countries through TRIPS, recent years have seen a massive campaign by developed countries, through the G-8, the Organisation for Economic Co-operation and Development (OECD), the World Intellectual Property Organization (WIPO), the World Customs Union and INTERPOL, as well as in the WTO, to improve IPRs enforcement in developing countries and LDCs. At the same time,...
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