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Trade Related Aspects of Intellectual Property Rights, 2020

DOI: 10.1093/law/9780198707219.003.0013

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Ch.13 Enforcement of Intellectual Property Rights

Book chapter published in 2020 by Correa Carlos Maria
This paper was not found in any repository, but could be made available legally by the author.
This paper was not found in any repository, but could be made available legally by the author.

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Abstract

This chapter focuses on the enforcement of intellectual property rights (IPRs). Unlike pre-existing conventions on IPRs, the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement contains a detailed set of provisions relating to the enforcement of such rights. The aim of Part III of the Agreement is to ensure that in addition to make available certain rights, Members adopt obligations to permit their effective exercise. Article 41 sets forth the general obligation regarding enforcement: to ensure that procedures as specified in this Part are available under the Member’s national law ‘so as to permit effective action against any act of infringement of intellectual property rights covered by this Agreement’. Article 41.1 requires the establishment of two types of remedies. These include expeditious remedies to prevent infringements, and remedies which constitute a deterrent to further infringements. Although the obligation to provide ‘expeditious remedies to prevent infringements’ is stipulated in general terms in Article 41.1, the specific content of such obligation is developed in Article 50 (provisional measures) and Article 51 (border measures) of the Agreement. Members may not be required to go beyond what is required under these provisions.