§ Dr. HarrisTo ask the Secretary of State for Trade and Industry what mechanisms his Department has for helping British inventors protect intellectual property rights which may have been infringed abroad. [60173]
§ Dr. HowellsIntellectual property rights are, in the main, private rights and it is for the owners to assert them both in the UK and abroad. However, officials in my Department work closely with UK industry to resolve general problems over enforcement of rights abroad. This includes work with industry organisations such as the Anti-Counterfeiting Group which provides useful advice and can act as a facilitator for collective action. Similarly, individual sector groups such as trade associations might also provide practical guidance and support.
If there is evidence that UK rights holders are having general difficulty enforcing rights abroad then a mechanism for addressing this is provided by TRIPS (the WTO Agreement on Trade Related Aspects of Intellectual Property Rights) which amongst other things obliges member states to provide effective remedial action for aggrieved rights holders. Where criminal sanctions are also involved then these must act as a deterrent. A Council for TRIPS monitors the operation of the agreement and Governments' compliance with it and failure to abide by the agreement can give rise to the WTO dispute settlement procedure.