First Quarter 2008: The World Customs Organization and Border Measures for Enforcement of IP Rights: Setting New Standards of Intellectual Property Enforcement through the Back Door?

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The World Customs Organization {WCO) is an international organization representing 171 customs administrations. Since its establishment, the WCO has developed international instruments on harmonized systems of description and customs classification of goods, customs procedures, temporary importation of goods, and transit trade. The relationship between the World Trade Organization {WTO) and WCO seems evident, especially considering the WTO agreements on Customs Valuation, and Rules of Origin and the current Doha negotiation on trade facilitation.

The WCO is deeply involved in the realm of enforcement of IP by developing model legislation and best practices for WCO members. It is developing and actively promoting voluntary international standards and model laws that exceed those established by the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The WCO’s work on enforcement of IP rights is undertaken by the Working Group on Standards to be Employed by Customs for Uniform Rights Enforcement (SECURE).

Although the SECURE standards are only model standards, there is a need to evaluate the process and the development
of model legislation on border measures in light of their consequences for use of flexibilities under the TRIPS Agreement and the need to promote balance in IP protection.

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