Intellectual Property Enforcement

Intellectual Property Enforcement

International Perspectives

Edited by Xuan Li and Carlos M. Correa

The enforcement of TRIPS-plus standards on Intellectual Property (IP) has become one of the most significant challenges for developing countries in recent years. This book is the first initiative linking IP enforcement and development, which fundamentally differs from the approach and perspective of developed countries.

Chapter 2: Ten General Misconceptions About the Enforcement of Intellectual Property Rights

Xuan Li

Subjects: development studies, development studies, law - academic, intellectual property law

Extract

Xuan Li INTRODUCTION Thirteen years after the entry into force of the Agreement on TradeRelated Aspects of Intellectual Property Rights (TRIPS Agreement), strengthening enforcement of intellectual property rights (IPRs) has become a central issue in most international, regional and bilateral negotiations. Strengthening the international legal framework on the enforcement of IPRs is one of the priorities on the agenda of the G8, as expressed at its summit held in June 2007. Japan, the European Union and the United States announced in October 2007 their plans to negotiate an Anti-Counterfeiting Trade Agreement (ACTA). The submissions of developed countries to the TRIPS Council demonstrate that most of the technical assistance provided to developing countries is now aimed at strengthening their capacity to enforce the protection of intellectual property rights. Although IP enforcement has been extensively discussed, commentators hardly provide a rational economic theory and sound legal analysis on this highly contentious global issue. Rather, the criticism from developed countries often oversimplifies the complicated issues by overexaggerating a particular aspect of the counterfeit and piracy problem or by offering an abbreviated, easy-to-understand, yet somewhat misleading version of the story. For instance, the Fourth Global Congress on Combating Counterfeiting and Piracy held in Dubai on 3–5 February 2008, hosted by the World Customs Organization (WCO), Dubai Customs, the International Criminal Police Organization (INTERPOL) and the World Intellectual Property Organization (WIPO), largely reflected the simplistic views, rather than present a holistic picture of the 14 Ten general misconceptions 15 Table 2.1 Ten misconceptions on...

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