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Untoward Restrictions to Trade and Abuses of Intellectual Property Rights: A Brazilian Perspective to the ACTA Exercise

51 Pages Posted: 23 Jun 2010  

Denis Borges Barbosa

Pontifícia Universidade Católica do Rio de Janeiro

Date Written: June 22, 2010

Abstract

This study intends to cover a specific portion of the ACTA draft agreement, specifically those provisions pertaining to the border measures and other enforcement not related to the Internet environment.

Its first segment provides a very brief identification of our object of analysis. The following section reports Brazil’s current reaction to the recently published draft of the treaty as an unofficial, but authoritative, reflex of the Brazilian Government’s rather critical sense of the exercise and its conspicuous product.

The third section of this study advances the author’s view that the draft as published is not in conformity with TRIPs obligations, and would raise potential liability of its eventual signers under the DSU procedures set in the WTO Agreements.

Keywords: Intellectual Property, Enforcement, Brazil

Suggested Citation

Borges Barbosa, Denis, Untoward Restrictions to Trade and Abuses of Intellectual Property Rights: A Brazilian Perspective to the ACTA Exercise (June 22, 2010). Available at SSRN: https://ssrn.com/abstract=1628744 or http://dx.doi.org/10.2139/ssrn.1628744

Denis Borges Barbosa (Contact Author)

Pontifícia Universidade Católica do Rio de Janeiro ( email )

Rua do Ouvidor 121/6
Rio de Janeiro RJ 20040-001, 20040=030
Brazil
+552139707704 (Phone)
+552122639617 (Fax)

HOME PAGE: http://denisbarbosa.addr.com

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