Enforcement of Intellectual Property Rights and Dispute Settlement

Abstract

This article examines the provisions of part III (Enforcement of Intellectual  Property Rights), Articles 41-61 Part V (Dispute Prevention and Settlement), Articles 63-64 of the Agreement On Trade-Related Aspects of Intellectual Property Rights (TRIPS). This agreement besides laying down substantive requirements in regard to Intellectual Property Rights (IPRs), also prescribes in  the aforesaid provisions the procedural safeguards about the enforcement ofthose substantive standards.

Discussing the requirement under Article 51 of TRIPS about Border Measures, the article shows as to how Malaysia implements this requirement through section 39 of the Copyright Act 1987 under which Copyright (Notice of Prohibition of Import) Regulation 1987 has also been promulgated.

Finally, the article also explains the main features of the WTO Dispute
settlement System in the light of actual dispute settlements by the WTO.