Culmination of Law

Culmination of Law

Criminal guarantee of intellectual property rights in the light of the WTO dispute settlement procedure

Document Type : Original Article

Authors
1 Ph.D. Student in International Law Public Law, Department of Law Islamic Azad University Isfahan, Iran
2 Associate Prof., Department of International Law, Isfahan Branch, Islamic Azad University, Isfahan, Iran.
3 Associate Prof., Department of Law, Faculty of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
Abstract
Article 61 of The TRIPS Agreement on Guarantee of Criminal Enforcement, the existence of a dispute settlement body and the obligation of the member states of the Organization to legislate and implement national laws with TRIPS,indicate a minimum criminal guarantee. However, it seems that the mere reform of the laws, regardless of the structural reform of the countries, will leave this support in an aura of ambiguity and will lead the countries to the TRIPS Plus process. However, a review of the jurisprudence related to the field of criminal guarantee indicates that the agreement and this organ is a positive step in bringing countries in line with intellectual property standards..
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