Enforcing Intellectual Property Rights: The Relevance of Compliance Cost Assessment

Julie Froud, Rebecca Boden, Anthony Ogus and Peter Stubbs
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Julie Froud: University of Manchester
Rebecca Boden: Middlesex University Business School
Anthony Ogus: University of Manchester
Peter Stubbs: University of Manchester

Chapter 8 in Controlling the Regulators, 1998, pp 119-130 from Palgrave Macmillan

Abstract: Abstract This chapter considers the case of a European Community (EC) Regulation agreed by the Council of Ministers in 19941 which was intended to provide an improved framework of protection for holders of intellectual property rights (IPR) against counterfeit and pirated goods. The immediate issue would appear to be that, since Member States have no choice over the form of implementation of a Regulation, the role for Compliance Cost Assessment (CCA) within the domestic context is limited to that of providing information on a set of compliance costs which cannot directly be controlled. Unlike an EC Directive for which Member States may have some flexibility in terms of how new provisions are incorporated into the existing legislative framework, an EC Regulation applies directly.2 However, as we demonstrate in this chapter, there is a more fundamental problem here with the very notion of compliance costs in relation to IPR.

Keywords: Intellectual Property; Intellectual Property Right; International Competitiveness; Compliance Cost; Custom Authority (search for similar items in EconPapers)
Date: 1998
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DOI: 10.1007/978-1-349-14632-1_8

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