East-West Intellectual Property Enforcement Partnerships: Dream and Reality

Intellectual property rights (IPRs) are essential to functioning economies. Nearly all nations adopt treaties and enact statutes supporting IPRs. Moderate uniformity is found in legislative branches, but actions from executive and judicial branches vary among cultures, traditions and nations. Piracy and counterfeiting, both online and in physical markets, are prevalent within and between States, necessitating new and enhanced enforcement partnerships. Most research on the subject focuses on Eastern production and physical market counterfeiting rather than Western consumption and internet piracy. This article addresses IP enforcement problems among Eastern and Western nations. A survey is taken of Western consumers in a Thai physical market, and an inquiry into infringing websites is made. Game theory helps analyze the IP protection environment. A more realistic approach to international IPR enforcement is advocated, one including ex officio action and a new online copyright dispute resolution system resembling UDRP.