Li, Xuan --- "TRIPS-Plus-Plus Initiatives on Broad Border Measures: Features and Implications" [2010] ELECD 559; in Correa, M. Carlos (ed), "Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules

Editor(s): Correa, M. Carlos

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849801072

Section: Chapter 2

Section Title: TRIPS-Plus-Plus Initiatives on Broad Border Measures: Features and Implications

Author(s): Li, Xuan

Number of pages: 24

Extract:

2 TRIPS-plus-plus initiatives on broad
border measures: features and
implications
Xuan Li


1. Introduction
Promoting TRIPS-plus-plus standards on IP enforcement has been a
priority of developed countries in recent years through multilateral,
regional and bilateral negotiations.1 Traditionally, WIPO has been the
major forum to negotiate intellectual property (IP). However, while
facing resistance to the TRIP-plus-plus negotiations agenda under the
World Trade Organization (WTO) and World Intellectual Property
Organization (WIPO) from well-coordinated developing countries, devel-
oped countries launched simultaneous initiatives in other international
or regional forums and in particular, shifted the battlefield to the World
Customs Organization (WCO), which is relatively unknown to the inter-
national community for setting IP regulations, and through manipulating
WCO, to further influence other international forums like the Universal
Postal Union (UPU). Other forums include the International Medicinal
Products Anti-counterfeit Taskforce (IMPACT), based at the World
Health Organization (WHO), the Anti-counterfeiting Trade Agreement
(ACTA); and various free trade agreements (FTAs) which bypass the
WTO process in order to impose TRIPS-plus-plus standards. Under this
forum-shopping strategy, the intention of developed countries is to break
the deadlock through the back-door. The ongoing TRIPS-plus-plus IP
enforcement initiative can be regarded as the second generation of inter-
national IP rule making, if TRIPS can be seen as the first generation.
Developed countries' current strategy of promoting IP enforcement nego-
tiations bears some similarities to that of 13 years ago when developed
countries were pushing ...