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Ruse-Khan, Henning Grosse --- "Re-delineation of the Role of Stakeholders: IP Enforcement Beyond Exclusive Rights" [2009] ELECD 366; in Li, Xuan; Correa, M. Carlos (eds), "Intellectual Property Enforcement" (Edward Elgar Publishing, 2009)

Book Title: Intellectual Property Enforcement

Editor(s): Li, Xuan; Correa, M. Carlos

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848446526

Section: Chapter 3

Section Title: Re-delineation of the Role of Stakeholders: IP Enforcement Beyond Exclusive Rights

Author(s): Ruse-Khan, Henning Grosse

Number of pages: 19

Extract:

3. Re-delineation of the role of
stakeholders: IP enforcement
beyond exclusive rights
Henning Grosse Ruse-Khan1

INTRODUCTION

The enforcement of intellectual property (IP) has been at the centre
of the debate in various international forums,2 regional or bilateral
negotiations on economic partnership or free trade agreements3 as
well as in developed and developing countries.4 In the international
context, developed countries are generally the demanders of stronger
IP protection and enforcement in all relevant markets abroad,
while developing countries take a defensive stand aiming to prevent
further obligations that surpass the enforcement obligations in the
TRIPS Agreement.5 On this basis, IP enforcement is generally con-
noted with the enforcement of right-holders' exclusive entitlements
to prevent others from (commercially) using the IP-protected subject
matter ­ thus neglecting exceptions and limitations to IP and their
`enforcement'. This current political reality blurs a holistic view on
the issue of IP enforcement where all stakeholders and their role
and interests in the IP system are examined. In this chapter, I plan
to identify the relevant stakeholders in IP enforcement on the basis
of such a holistic approach to IP enforcement. After setting out
the parameters for a wider understanding of IP enforcement in the
remainder of this section, the next section delineates the main groups
of stakeholders. Against this background, the third section sets out
some ideas on a developing country agenda on IP enforcement,
which includes not only the well-known defensive interests but also
positive, offensive interests in ...