Andrea Morgan


This Comment examines the extent to which the Intellectual Property and International Trade Court (IPIT) satisfies the intellectual property enforcement provisions of Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). Part I presents the legal environment of intellectual property in Thailand before TRIPs, the background of TRIPs, and the enforcement requirements of TRIPs. Part II discusses the legislation creating the IPIT Court, and assesses the enforcement procedures as prescribed by the legislation that created the IPIT Court and as employed by the IPIT Court. Part III argues that the IPIT Court is a positive development because it reduces conflict between Western ideas of intellectual property protection and Thai standards of protection, and because it promotes Thai compliance with TRIPs. This Comment concludes that the establishment of a separate court with exclusive jurisdiction and unique procedures follows historical and cultural traditions in Thailand, even though the IPIT Court was created at the behest of the United States and the European Union.