Examination of Border Measures under the Intellectual Property Regime in Taiwan – A Comparison with TRIPS Enforcement Provision
| Autor: | Kuo-Sheng Liu, 劉國勝 |
|---|---|
| Rok vydání: | 2010 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 98 Since TRIPS Agreement was concluded in 1984, developed counties have been quite upset about the relevant rules on the procedure of enforcement. They believe these rules are insufficient to protect intellectual property and the increase in counterfeit has seriously impaired their economic interests. In the past few years, they have been devoted to promote TRIPS-Plus standard of norm which contains stricter enforcement procedure through multilateral agreements, bilateral agreements and various types of international organizations. As Customs have good positions to seize cross-border circulations of counterfeits, under the effects of developed countries, WCO has actively promoted the TRIPS-Plus, Provisional Standards Employed by Customs for Uniform Rights Enforcement “SECURE”. Although SECURE did not take effective due to the opposition of developing countries, developed countries are including stricter procedure of enforcement into bilateral trading agreements, such as FTA and EPA. Notwithstanding the importance of the development of TRIPS-Plus,which has been vigorously pushed by developed countries, there are very limited discussion on this topic in Taiwan. This thesis first talks about the enforcement procedure of WTO TRIPS and its development in the past few years, introduces the developing countries’ different points of view, discusses the promotion of TRIPS-plus standard of norm by WCO, and then compares them with the relevant legislations and regulations on the enforcement of border control on intellectual property in Taiwan. This thesis examines the current regime of border control on intellectual property in Taiwan and its future by comparing various legislations, understanding the enforcement in practice, and cross-examining the laws and the actual enforcement. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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