Li, Xuan; Correa, Carlos M. --- "Towards a Development Approach on IP Enforcement: Conclusions and Strategic Recommendations" [2009] ELECD 373; 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 10

Section Title: Towards a Development Approach on IP Enforcement: Conclusions and Strategic Recommendations

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

Number of pages: 6

Extract:

10. Towards a development
approach on IP enforcement:
conclusions and strategic
recommendations
Xuan Li and Carlos M. Correa

The TRIPS Agreement introduced for the first time a wide set of
international minimum standards on IPRs. The proponents of the
agreement consciously complemented the standards on the availabil-
ity of IPRs with detailed rules on preliminary and permanent injunc-
tions, border measures, damages and other enforcement issues that
were absent in previous international agreements on IPRs. Given
the complexity of the matter and the great variation in enforcement
measures in national laws, the TRIPS rules define the objectives
that such measures are intended to reach, rather than the specific
means to be used to that end. This realistic approach (it would have
been impossible to obtain consensus on more detailed enforcement
standards) left WTO Member States considerable leeway to main-
tain or adopt new enforcement measures in accordance with the
peculiarities of their legal systems.
The implementation of the TRIPS enforcement standards required
extensive changes in the legislation of many countries, particularly in
developing countries as those standards largely reflected the interests
and policies applied in the advanced countries.
Any legal mechanism for protection of rights and the realization
of their attendant obligations must be backed by an effective enforce-
ment regime. This fundamental rationale behind legal enforcement of
substantive rights and obligations is also applicable to enforcement
of intellectual property (IP) rights. However, all states have the right
to frame their own legal systems of IP protection and enforcement
within ...