Edited by Xuan Li and Carlos M. Correa
Chapter 2: Ten General Misconceptions About the Enforcement of Intellectual Property Rights
2. Ten general misconceptions about the enforcement of intellectual property rights 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...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.