Edited by Toshiko Takenaka
Chapter 13: Extraterritorial enforcement
For three decades international negotiations in the intellectual property area have evidenced increasing concern by countries representing major intellectual property exporters that intellectual property rights be effectively enforced. This interest in enforcement was a logical step that followed the success of these countries in pursuing enhanced protection for intellectual property in international treaties and national laws; once the protection was anchored in national laws, the emphasis shifted to having the protection effectively enforced. So far, the focus has been on enforcement within individual countries; however, because infringements of intellectual property rights are transcending countries’ borders with intensifying frequency and volume and are affecting rights in multiple countries, the next stage in international intellectual property negotiations should address both the need to enforce rights simultaneously in multiple countries and the need to enforce rights against infringers located outside protecting countries. The current extraterritorial enforcement efforts are associated with a variety of problems, which are discussed in this chapter.
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