Review of Trademark and Its Enforcement Provisions under TRIPS

Sohaib Mukhtar, Zinatul Ashiqin Zainol, Sufian Jusoh, Anowar Zahid

Abstract


Trademark and its enforcement provisions are imbedded in Agreement on Trade Related Aspect of Intellectual Property Rights (TRIPS) for promotion and protection of Intellectual Property (IP) rights in member countries of World Trade Organization (WTO). Compliance with trademark and its enforcement provisions (15-21, 41-61) of TRIPS and implementation are two different things, e.g., enactment of law and its implementation hence more efforts are required for smooth implementation of IP rights in member counties. TRIPS is the only International Treaty containing exhaustive enforcement provisions for enforcement of IP rights in member countries. This article is a qualitative method of research reviewing provisions of TRIPS dealing with trademark (15-21) and its enforcement procedures (41-61) in member countries. Trademark enforcement procedures of member countries must be adequate, expedient and must not be complicated, costly and time consuming. Trademark enforcement procedures must be based upon due process of law and fair trial so that aggrieved party may (i) attain damages and compensation for loss due to trademark infringement, (ii) obtain injunctions to prevent trademark infringement in future, and (iii) punish counterfeiter/infringer with imprisonment and fine. Trademark and its enforcement provisions of TRIPS are required to be complied by member countries as there are hurdles in implementation of enforcement provisions, e.g., lack of IP knowledge, IP experts, long borders, deficiency in man power etc. which are required to be sorted out to promote and protect legitimate trade activities in member countries which is a long process needs to be achieved by positive steps under the light of trademark and its enforcement provisions of TRIPS.


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DOI: http://dx.doi.org/10.22158/jar.v2n2p86

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