Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Before Articles 41-61

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The provisions of Part III on the enforcement of intellectual property rights are regarded as one of the essential aspects of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and were one of the main issues of the Uruguay Round. From the beginning, the TRIPS Agreement negotiations were aimed at providing and granting the highest possible degree of protection of intellectual property. The main problem of the world-wide applicable provisions on law enforcement results from the structural differences between the Members. The greatest possible effect of the provisions on law enforcement would be achieved if all provisions of Part III were directly applicable. Considering the maxim of effectiveness pursuant to Article 41, sentence 1, such far-reaching effect of the provisions could be taken into consideration.

Keywords: Article 41; intellectual property rights; law enforcement; TRIPS Agreement



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    WTO - Trade-Related Aspects of Intellectual Property Rights — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation