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Enforcing Intellectual Property Rights: The Relevance of Compliance Cost Assessment

In: Controlling the Regulators

Author

Listed:
  • Julie Froud

    (University of Manchester)

  • Rebecca Boden

    (Middlesex University Business School)

  • Anthony Ogus

    (University of Manchester)

  • Peter Stubbs

    (University of Manchester)

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.

Suggested Citation

  • Julie Froud & Rebecca Boden & Anthony Ogus & Peter Stubbs, 1998. "Enforcing Intellectual Property Rights: The Relevance of Compliance Cost Assessment," Palgrave Macmillan Books, in: Controlling the Regulators, chapter 8, pages 119-130, Palgrave Macmillan.
    • Handle: RePEc:pal:palchp:978-1-349-14632-1_8
    DOI: 10.1007/978-1-349-14632-1_8
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