Chapter 3: Re-delineation of the Role of Stakeholders: IP Enforcement Beyond Exclusive Rights
Henning Grosse Ruse-Khan1 INTRODUCTION The enforcement of intellectual property (IP) has been at the centre of the debate in various international forums,2 regional or bilateral negotiations on economic partnership or free trade agreements3 as well as in developed and developing countries.4 In the international context, developed countries are generally the demanders of stronger IP protection and enforcement in all relevant markets abroad, while developing countries take a defensive stand aiming to prevent further obligations that surpass the enforcement obligations in the TRIPS Agreement.5 On this basis, IP enforcement is generally connoted with the enforcement of right-holders’ exclusive entitlements to prevent others from (commercially) using the IP-protected subject matter – thus neglecting exceptions and limitations to IP and their ‘enforcement’. This current political reality blurs a holistic view on the issue of IP enforcement where all stakeholders and their role and interests in the IP system are examined. In this chapter, I plan to identify the relevant stakeholders in IP enforcement on the basis of such a holistic approach to IP enforcement. After setting out the parameters for a wider understanding of IP enforcement in the remainder of this section, the next section delineates the main groups of stakeholders. Against this background, the third section sets out some ideas on a developing country agenda on IP enforcement, which includes not only the well-known defensive interests but also positive, offensive interests in IP enforcement. My principal starting point for a wider understanding of IP enforcement is that – next to enforcement specific actors6...
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