A Handbook of Contemporary Research
- Research Handbooks in Intellectual Property series
Edited by Christophe Geiger
International rules on intellectual property (IP) protection have long been silent about the need to provide criminal law sanctions against certain forms of IP infringements in national laws. The two ‘classic’ IP treaties, the Paris Convention for the Protection of Industrial Property of 20 March 1883 (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 (Berne Convention), do not contain any explicit obligations to introduce criminal law sanctions against IP infringements. However, together with the Nairobi Treaty on the Protection of the Olympic Symbol (Nairobi Treaty), they do contain obligations which contracting parties may choose to implement via their criminal laws: For example, under Art. 6ter of the Paris Convention, Paris Union countries must: In the same vein, Art. 1 of the Nairobi Treaty contains the obligation ‘to refuse or to invalidate the registration as a mark and to prohibit by appropriate measures the use, as a mark or other sign, for commercial purposes, of any sign consisting of or containing the Olympic symbol’.
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.