ABSTRACT
The most challenging element of Trade-Related Aspects of Intellectual Property Rights (TRIPS), as perceived by both the Arabian Peninsula States themselves and the developed countries with established commercial interests in the region, has been that of the enforcement of the States’ intellectual property protection obligations consistent with the standards enshrined in TRIPS Parts II and III. The challenges for the effective enforcement of intellectual property rights throughout the region are exacerbated by the fact that counterfeiting and piracy, particularly of software, video and music, are still widespread and lucrative businesses. A combination of weak measures of criminal sanctions and civil damages and the inability to recover the costs of enforcement can actually serve to encourage infringement and discourage civil enforcement by right holders. The Business Software Alliance (BSA) Global Study on software piracy, which has been conducted for more than 20 years, also serves as an interesting reflection on the States’ performances in respect of software piracy management.
