TRIPS and the Rise of Counterfeiting: A Comparative Examination of Trademark Protection and Border Measures in the European Union and the Gulf Cooperation Council

Abstract

In 1995 the World Trade Organization’s TRIPS Agreement came into effect, extending minimum standards of protection to intellectual property rights (IPRs) in the European Union (EU) and the Gulf Cooperation Council (GCC) States. The article sets out the problems of harmonization resulting from the grafting of Intellectual Property Rights (IPRs) onto the legal framework of GCC States. Despite the presence of the GCC Customs Union, its individual countries have witnessed varying degrees of TRIPS-acquiescence. This includes varying degrees of effectiveness with border measures as a means of combating the transportation of counterfeit goods. The article provides a discussion on why effective protection and enforcement of IP laws are necessary to prevent counterfeiting in the GCC States, drawing on the laws of the European Union for comparative purposes. Furthermore, the article considers how border control functions as an important means of enforcement in fighting against the expanding transit of counterfeit goods.