chapter
7 Pages

INTELLECTUAL PROPERTY

Chapter 17 of NAFTA comprises the intellectual property regime. This regime differs in some respects from the coverage of NAFTA considered earlier in this chapter in that its focal point is the protection of property rather than measures directly associated with the liberalisation of trade and improving market access, although it is arguable that intellectual property rights can be used to achieve or improve market access through their capacity to drive down competition in the trade of goods and services; this collides with the notion that intellectual property rights should not be used to create or maintain barriers to legitimate trade, discussed below in the context of Article 1701(1)). To put Chapter 17 of NAFTA into context, it is helpful to bear in mind that it operates alongside the Agreement on Trade Related Aspects of Intellectual Property Rights (‘TRIPS’).22