LL.M. Student at Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, India
In the globalized economy, the enforcement of intellectual property rights (IPR) is crucial for fostering innovation, supporting economic growth, and promoting fair competition. However, enforcing IPR in international trade law presents significant challenges, exacerbated by the disparities between legal systems, jurisdictional boundaries, and the complexities introduced by digital trade. This paper explores the role of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, the World Trade Organization (WTO), and the World Intellectual Property Organization (WIPO) in establishing global IP standards and facilitating enforcement across borders. Despite providing a foundational framework, these agreements face limitations, particularly in adapting to the rapidly evolving digital landscape, which has increased instances of online piracy, digital counterfeiting, and cross-border e-commerce violations. Through a detailed analysis of jurisdictional inconsistencies and extraterritorial challenges, this study reveals how current IPR enforcement mechanisms struggle to keep pace with technological advancements and the unique demands of developed versus developing nations. To address these gaps, the paper proposes solutions, including the harmonization of IP laws across jurisdictions, capacity-building initiatives in developing countries, and the integration of advanced technologies such as blockchain and artificial intelligence to improve monitoring and enforcement. Case studies illustrate these issues and highlight the potential for a more adaptable, cooperative approach to global IPR enforcement. This research underscores the need for international collaboration and flexible policies that respond to the demands of digital trade, ensuring a resilient and equitable framework for protecting intellectual property in a dynamic global market.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 1, Page 816 - 831
DOI: https://doij.org/10.10000/IJLMH.118960This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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