Patent and trademark rights in commercial agreements entered by the United States with Latin American nations in the first decade of the twenty-first century: Divide et vinces
Journal
TRIPS and Developing Countries
Date Issued
2014
Author(s)
Type
text::book::book part
Abstract
It is established contemporary philosophy that the way patent and trademark rights are treated in a given jurisdiction has an impact on the way commercial activities are carried out in that jurisdiction. It has been submitted that failure to recognize and enforce patent and trademark rights pursuant to certain rules and criteria expected by patent and trademark owners, can operate as a trade barrier, and therefore the rules applicable to the way patent, trademark and related rights should be treated by reason of the existence of a commercial understanding are often discussed and agreed upon as part of the negotiations for the adoption of a trade agreement whether a trade promotion agreement, a free trade agreement or other forms of commercial understandings meant to reduce or completely remove barriers to trade, both tariff and non-tariff barriers. © Edward Elgar Publishing, 2014