Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules

Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules

Intellectual Property in the WTO Volume II

Research Handbooks on the WTO series

Edited by Carlos M. Correa

This concise and detailed Handbook addresses some of the most complex issues raised by the implementation of the TRIPS Agreement globally. Among other themes, the Handbook explores the applicability of GATT jurisprudence for the interpretation of the Agreement’s provisions. It also considers key issues relating to the enforcement of intellectual property rights, such as border measures and injunctive relief. Teamed with the first volume – Research Handbook on the Protection of Intellectual Property under WTO Rules – this analysis is supplemented by a thorough review of the most important cases on TRIPS decided under the WTO dispute settlement mechanism.

Chapter 2: TRIPS-Plus-Plus Initiatives on Broad Border Measures: Features and Implications

Xuan Li

Subjects: development studies, development studies, economics and finance, intellectual property, law - academic, intellectual property law, international economic law, trade law


Xuan Li 1. Introduction Promoting TRIPS-plus-plus standards on IP enforcement has been a priority of developed countries in recent years through multilateral, regional and bilateral negotiations.1 Traditionally, WIPO has been the major forum to negotiate intellectual property (IP). However, while facing resistance to the TRIP-plus-plus negotiations agenda under the World Trade Organization (WTO) and World Intellectual Property Organization (WIPO) from well-coordinated developing countries, developed countries launched simultaneous initiatives in other international or regional forums and in particular, shifted the battlefield to the World Customs Organization (WCO), which is relatively unknown to the international community for setting IP regulations, and through manipulating WCO, to further influence other international forums like the Universal Postal Union (UPU). Other forums include the International Medicinal Products Anti-counterfeit Taskforce (IMPACT), based at the World Health Organization (WHO), the Anti-counterfeiting Trade Agreement (ACTA); and various free trade agreements (FTAs) which bypass the WTO process in order to impose TRIPS-plus-plus standards. Under this forum-shopping strategy, the intention of developed countries is to break the deadlock through the back-door. The ongoing TRIPS-plus-plus IP enforcement initiative can be regarded as the second generation of international IP rule making, if TRIPS can be seen as the first generation. Developed countries’ current strategy of promoting IP enforcement negotiations bears some similarities to that of 13 years ago when developed countries were pushing for incorporation of TRIPS into the WTO rule system, but there are also some new features. What is common in both 1 ‘TRIPS-plus’ generally refers to commitments that go beyond...

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