Li, Xuan --- "Ten General Misconceptions About the Enforcement of Intellectual Property Rights" [2009] ELECD 365; in Li, Xuan; Correa, M. Carlos (eds), "Intellectual Property Enforcement" (Edward Elgar Publishing, 2009)

Book Title: Intellectual Property Enforcement

Editor(s): Li, Xuan; Correa, M. Carlos

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848446526

Section: Chapter 2

Section Title: Ten General Misconceptions About the Enforcement of Intellectual Property Rights

Author(s): Li, Xuan

Number of pages: 29

Extract:

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 Trade-
Related 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 demon-
strate 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, commenta-
tors hardly provide a rational economic theory and sound legal analy-
sis on this highly contentious global issue. Rather, the criticism from
developed countries often oversimplifies the complicated issues by over-
exaggerating a particular aspect of the counterfeit and piracy problem or
by offering an abbreviated, easy-to-understand, yet somewhat mislead-
ing version of the story. For instance, the Fourth Global Congress on
Combating Counterfeiting and Piracy held in Dubai on 3­5 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 ...