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By Frederick Noronha, Jeremy Malcolm

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Asia Pacific Consumer, 43 & 44 2006, Nr. 1 & 2, op. cit. (as in n. 1), p. 11. 3. IP enforcement ternational trade measures, enforcement by intermediaries, and enforcement through the criminal law. We will not specifically consider in this chapter what might, until recently, reasonably have been assumed to be the primary mechanism of enforcement of private IP rights: civil legal action. 1 Enforcement through piracy laws Anti-Counterfeiting Trade Agreement The Anti-Counterfeiting Trade Agreement is a plurilateral (involving more than two sides or parties) agreement currently under negotiation by a small number of countries outside of WIPO and the WTO.

British Telecom went even further, attempting to lay claim to the concept of hyperlinks that are fundamental to the Web. Its claim, based on a 1989 patent that was originally applied for in 1976, was rejected by a New York District Court in 2003. But most patent claims never get to court, and are settled. html 39 2. FAIRER LAWS AND ENFORCEMENT PRACTICES but because the most efficient algorithms for font rendering are17 (or were until this year)18 patent-encumbered. In fact so many patents for computer software have been granted, particularly in the United States, that developing an application without infringing software patents has become a very hit and miss affair.

3. Not unreasonably prejudice the legitimate interests of the rights holder. In the case of the Berne Convention, these conditions only apply to exceptions to the right of reproduction, but under TRIPS they apply equally to the rights holder’s other exclusive rights such as performance and broadcast. If a WTO member country’s law provides for flexibilities that do not meet these standards, they may be subject to trade sanctions under TRIPS. For example, a WTO complaint was brought by the EU against the USA over an exception which allowed for free-to-air broadcasts to be played in restaurants and shops.

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