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17 - A Comparison of National Intellectual Property Systems

Published online by Cambridge University Press:  05 June 2012

Michael A. Gollin
Affiliation:
Venable LLP, Washington DC
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Summary

This chapter turns to national IP laws, focusing on differences as opposed to the many similarities and trends toward convergence under the TRIPS agreement. The differences relate to language, standards for obtaining patents and trademarks, intensity of patenting activity, negotiation, litigation and enforcement, alternate dispute resolution, criminal liability, the extent of counterfeiting and piracy, compulsory licensing, and other limits on enforcement. A brief tour highlights some of the IP systems in particular countries. The United States, Europe, and Japan have the strongest, oldest IP systems, with the regional character of the European countries adding a layer of complexity. The BRIC countries (Brazil, Russia, India, and China) share some similarities as their economies grow rapidly and the IP systems struggle to keep up with rampant infringement. China and Korea have jumped into the top tier of patent and trademark activity. The least developed countries present a unique set of practices, with IP rights difficult to protect, and local innovation at a lower level than more affluent countries. IP strategies need to take into consideration these different legal systems.

SIMILARITIES AND DIFFERENCES AMONG NATIONS

The TRIPS agreement has led to significant convergence of national IP laws and the establishment of an international IP regime whose fundamental principles apply worldwide. Yet significant differences remain. Each country has the sovereign right and responsibility, subject to the TRIPS agreement and other international agreements, to promulgate IP laws that fit within its legal history and suit the needs of its citizens.

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Driving Innovation
Intellectual Property Strategies for a Dynamic World
, pp. 308 - 321
Publisher: Cambridge University Press
Print publication year: 2008

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