Chapter 7: Enforcement for Development: Why Not an Agenda for the Developing World?
Hong Xue1 INTRODUCTION Enforcement has become a new battlefield in international intellectual property law. While insistently consolidating enforcement in their legal system, which is most clearly exemplified by the United States’ Digital Millennium Copyright Act (DMCA) and the European Union’s Directive on the Enforcement of Intellectual Property Rights (Enforcement Directive), the developed countries are steadily pushing their enforcement agenda to the developing world. A score of developing countries have been sued at the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) for not only the issue of protection but enforcement of intellectual property.2 An Enforcement Agenda has been put on the table of the World Intellectual Property Organization.3 Most prominently, a new treaty-making process to create a new global standard for intellectual property enforcement has just been launched ‘secretly’ by the developed world led by United States, the European Commission, Japan and Switzerland. The new treaty, the Anti-Counterfeiting Trade Agreement, which is well-known for its fancy acronym ‘ACTA’, is undeniably primarily targeting the developing world.4 Tightening and increasing the requirements on intellectual property enforcement in international intellectual property law has a tremendous negative impact on the developing countries, which are already striving to meet the substantive standards on intellectual property protection required by the TRIPS Agreement. Under the stick-and-carrot policy (trade sanctions, WTO DSB, technical assistance, and so on), the developing countries are being pressed hard to 133 134 Intellectual property enforcement revamp their domestic enforcement system to meet the standards set out by the developed world. Through...
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