Initiatives on IP enforcement beyond TRIPS: the Anti-Counterfeiting Trade Agreement and the International Medical Products Anti-Counterfeiting Task Force

Christoph Antons, Gabriel Garcia

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

The debate on how to reduce trade in pirated and counterfeit goods and strengthen enforcement of trademark, copyright and related rights has been on the negotiation agenda for a number of years. Currently, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is still the most important tool for the enforcement of intellectual property rights (IPRs) at a multilateral level. Intentions to strengthen global enforcement of IPRs in forums such as the World Intellectual Property Organisation (WIPO) and WTO have not been successful and have encountered resistance, mainly from developing countries. Difficulties faced by countries such as Japan and the United States of America (US) in multilateral settings have facilitated a shift to new forums that bring together like-minded countries while avoiding negotiations with emerging economies where IP enforcement is not strong (for example, Brazil, India, Russia and China). It is within this context that initiatives such as the Anti-Counterfeiting Trade Agreement (ACTA) and the International Medical Products Anti-Counterfeiting Taskforce (IMPACT) promoted by the World Health Organization (WHO) have been developed. This chapter examines ACTA and IMPACT as current initiatives oriented to strengthening the global enforcement of IPRs.
Original languageEnglish
Title of host publicationThe enforcement of intellectual property rights
Subtitle of host publicationcomparative perspectives from the Asia-Pacific region
EditorsChristoph Antons
Place of PublicationAlphen aan den Rijn
PublisherKluwer Law International
Chapter6
Pages125-159
Number of pages35
ISBN (Print)9789041132192
Publication statusPublished - 2011
Externally publishedYes

Publication series

NameMax Planck Series on Asian Intellectual Property Law
Volume15

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