ABSTRACT
Having the requisite intellectual property laws, even if they are not fully TRIPS-compliant, is one thing; being able to effectively enforce them and achieve the desired outcomes is another matter. The most challenging element of the post-TRIPS period, as perceived by both the Gulf states themselves and the developed industrial countries, is the regional enforcement of the states’ intellectual property protection obligations consistent with the standards enshrined in TRIPS, the TRIPS-plus treaties and bilateral agreements to which the states have acceded. Notwithstanding the presence of comprehensive sets of laws and treaty commitments, there exists a dichotomy between the principle of intellectual property protection as enshrined in the various legislative regimes and its practical application as exemplified by the degree of effective enforcement action. On the one hand, the states now enjoy comprehensive statutory regimes and are progressively initiating the consequential structural, judicial and institutional reforms to give the regimes full and proper effect; on the other hand, the effectiveness of enforcement actions against infringing activities, particularly in respect of piracy and counterfeit goods, the nature and frequency of judicial actions and the severity of penalties available, has yet to reach the standards required by the developed nations which constitute the major global exporters of intellectual property.
