Introduction, terminology, definition and scope

Part III of TRIPS (Articles 41–61) lays down minimum standards for the enforcement of intellectual property rights. Part IV (Article 62) does the same with respect to the acquisition and maintenance of such rights.

Both Parts thus complement the substantive minimum standards of the Agreement. From a right holder's perspective, substantive minimum rights are of little value if there are no effective procedures for the enforcement of such rights, or if a given WTO Member may render impossible the enjoyment of IPRs through certain acquisition and maintenance requirements. On the other hand, from a national government's perspective, it is important to retain its sovereignty to subject the acquisition and maintenance of IPRs to certain formalities and conditions, such as payment of registration and maintenance fees. Part IV of TRIPS addresses this kind of issue.

Due to the wide differences that existed in national laws with regard to enforcement rules, Part III of TRIPS does not attempt to harmonize such rules but to establish general standards to be implemented according to the method determined by each Member, in line with the general principle set forth in Article 1.1. Thus, the Preamble notes that the negotiating parties recognized “the need for new rules and disciplines concerning … (c) the provision of effective and appropriate means for the enforcement of trade-related intellectual property rights, taking into account differences in national legal systems”.