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Before Articles 41-61

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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

10.1163/ej.9789004145672.i-910.258
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