Abstract
<p><em>T</em><em>rademark and its enforcement provisions are imbedded in Agreement on Trade Related Aspect of Intellectual Property Rights (TRIPS) for promotion and protection of Intellectual Property (IP) rights in member countries of World Trade Organization (WTO). Compliance with trademark and its enforcement provisions (15-21, 41-61) of TRIPS and implementation are two different things</em><em>,</em><em> e.g.</em><em>,</em><em> enactment of law and its implementation hence more efforts are required for smooth implementation of IP rights in member counties. TRIPS is the only International Treaty containing exhaustive enforcement provisions for enforcement of IP rights in member countries. This article is a qualitative method of research reviewing provisions of TRIPS dealing with trademark (15-21) and its enforcement procedures (41-61) in member countries. Trademark enforcement procedures of member countries must be adequate, expedient and must not be complicated, costly and time consuming. Trademark enforcement procedures must be based upon due process of law and fair trial so that aggrieved party may (i) attain damages and compensation for loss due to trademark infringement, (ii) obtain injunctions to prevent trademark infringement in future, and (iii) punish counterfeiter/infringer with imprisonment and fine. Trademark and its enforcement provisions of TRIPS are required to be complied by member countries as there are hurdles in implementation of enforcement provisions</em><em>,</em><em> e.g.</em><em>,</em><em> lack of IP knowledge, IP experts, long borders, deficiency in man power etc. which are required to be sorted out to promote and protect legitimate trade activities in member countries which is a long process needs to be achieved by positive steps under the light of trademark and its enforcement provisions of TRIPS.</em><em></em></p>
Highlights
Review of Trademark and Its Enforcement Provisions underSohaib Mukhtar1*, Zinatul Ashiqin Zainol, Sufian Jusoh2 & Anowar Zahid Faculty of Law, National University of Malaysia, Bangi, Malaysia 2 Institute of Malaysian and International Studies, National University of Malaysia, Bangi, Malaysia * Sohaib Mukhtar, Faculty of Law, National University of Malaysia, Bangi, Malaysia
Trademark enforcement provisions of Trade Related Aspect of Intellectual Property Rights (TRIPS) are required to be implemented in member countries as ratification of International Treaty and its comprehensive implementation are two different things, implementation requires positive steps towards elimination of false trade practices and for promotion of good trade activities member countries are required to educate relevant administrative authorities in IP and induct more IP experts which would spread knowledge through workshops, seminars, conferences and advertisements through print and electronic media as well as debates and question answer sessions directly with public
Member countries are in difficulty to enforce border measures completely because borders of some member countries of World Trade Organization (WTO) and World Intellectual Property Organization (WIPO) are big and are consisted of forests and oceans from where people can trade counterfeit trademark products
Summary
Sohaib Mukhtar1*, Zinatul Ashiqin Zainol, Sufian Jusoh2 & Anowar Zahid Faculty of Law, National University of Malaysia, Bangi, Malaysia 2 Institute of Malaysian and International Studies, National University of Malaysia, Bangi, Malaysia * Sohaib Mukhtar, Faculty of Law, National University of Malaysia, Bangi, Malaysia
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
