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Before Articles 51-61

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Chapter Summary

The TRIPS Agreement obliges its Members to introduce a procedure governing border measures for the protection of intellectual property rights. Section 4 of the Agreement's Part III establishes for the first time a complete system of international regulations regarding trademark and product piracy, thus meeting one of the Members' main concerns. The comparatively detailed provisions of Arts 51-60 set out the regulatory framework of a procedure for the suspension of the release of suspicious goods. These provisions essentially follow the mechanism introduced in recent years by the European Community's Product Piracy Regulation and the Member States' domestic laws. The approach used in the TRIPS Agreement reflects the view that the most effective method of counteracting product piracy consists in preventing infringements directly at the source.

Keywords: border measures; intellectual property rights; preventing infringements; product piracy; Product Piracy Regulation; suspicious goods; trademark; TRIPS Agreement

10.1163/ej.9789004145672.i-910.317
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