ECON-1006EL Quiz: Enforcement of IP Rights
12 Oct 2020
School
Department
Course
Professor
Document Summary
Enforcement of ip rights: general obligations: art. 41 trips, civil and administrative procedures and remedies, usual ways through civil procedures: art. 42 trips: administrative procedures are considered insufficient, art. 42 trips obliges members to make available to ip holders procedural rights that guarantee international minimum standard: criminal procedures: art. 61 trips: wilful trademark counterfeiting or copyright piracy on commercial scale, relevant remedies corresponding with the level of crime, possible seizure or destruction of good or materials. Not every document is deed (s. 1 lpa(mp) act 1989. A family letter, for example, might be in writing and signed, but will not state on the face of that it is a deed, nor will the signature be witnessed. There was nothing in irons v smallpiece (1819) that could have been a deed: the father told his son that he could have the horses, but he never put anything in writing. A contract can usually only be enforced if there is consideration.
