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.
|Title of host publication||The enforcement of intellectual property rights|
|Subtitle of host publication||comparative perspectives from the Asia-Pacific region|
|Place of Publication||Alphen aan den Rijn|
|Publisher||Kluwer Law International|
|Number of pages||35|
|Publication status||Published - 2011|
|Name||Max Planck Series on Asian Intellectual Property Law|