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The Protection of Intellectual Property and the Trips

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Chapter Summary

With the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) the World Trade Organization (WTO) establishes detailed rules of its own next to the conventional system of intellectual property rights protection which unifies protection standards at a high level and considerably facilitates the enforcement of these rights. The agreement contains three different sets of regulations. It first establishes an organizational and procedural framework for the inclusion in the WTO of questions regarding the protection of intellectual property. The Agreement - secondly - provides for substantive protection standards which are superimposed on and take priority over the law set out in the existing conventions. In its Part III, the Agreement contains - third - a novel rule on the private enforcement of intellectual property rights which describes in a sophisticated manner the procedures and remedies to be put in place by the individual Members for this purpose.

Keywords: intellectual property rights; private enforcement; substantive protection standards; TRIPS; World Trade Organization (WTO)



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