As in domestic law, depending on the circumstances of the people under the rule, the law must be flexible. It is not possible to apply the legal rules set out in international treaties equally to countries with different cultures and degrees of development. Therefore, in paragraph (c) of the Introduction to the Agreement on trade-related aspects of intellectual property rights (TRIPS), one of the concerns of this treaty is to; ..." the provision of effective and appropriate means for the enforcement of trade-related intellectual property rights, taking into account differences in national legal systems." In order to make it possible for more countries to accede to international treaties and consequently bring more countries into line with the rules of intellectual property, emphasizing the commitment to the principles and rules set out in international intellectual property conventions, authority is given to member states. This flexibility leads to the accession of more countries to these treaties, so the possibility of unifying the rules of intellectual property at the world. The knowledge of these capacities can lead to development domestic rules according to their society. Those powers are derived from respect to the principle of states sovereignty.
Type of Study:
Original Article |
Received: 2016/06/10 | Accepted: 2016/12/6