Capabilities and Deficiencies of the International Legal System in Encompassing Intellectual Property Infringements within Maritime Claims: A Comparative Analysis of the Paris Convention, the TRIPS Agreement, and the ۱۹۹۹ Arrest of Ships Convention

The globalization of trade and the central role of maritime transport in the movement of goods have created new challenges for the enforcement of intellectual property rights. Counterfeit, pirated, and otherwise infringing goods are frequently transported through maritime channels, yet the legal remedies available to right holders remain fragmented. Although international intellectual property law provides substantive protection through instruments such as the Paris Convention and the TRIPS Agreement, maritime procedural law—especially the ۱۹۹۹ Arrest of Ships Convention—does not clearly recognize intellectual property infringement as a basis for ship arrest. This article aims to examine the capacities and deficiencies of the international legal system in addressing intellectual property infringements within maritime claims, with particular emphasis on the comparative relationship between the Paris Convention, the TRIPS Agreement, and the ۱۹۹۹ Arrest of Ships Convention. It seeks to determine whether existing international rules are capable of integrating intellectual property violations into the framework of maritime enforcement remedies. The study adopts a descriptive-analytical and comparative method. It reviews the normative principles of the Paris Convention and TRIPS, analyzes the procedural structure of the ۱۹۹۹ Arrest of Ships Convention, and compares their substantive and remedial approaches. The research also evaluates selected scholarly interpretations concerning ship arrest, enforcement mechanisms, and the legal treatment of transnational intellectual property disputes in maritime commerce. The study finds that the international legal system has considerable strength in recognizing and protecting intellectual property rights, particularly through principles such as national treatment, minimum enforcement standards, provisional measures, and border controls. However, it also reveals a major structural deficiency: these mechanisms do not effectively connect with maritime remedies. The ۱۹۹۹ Arrest Convention adopts a restrictive and enumerated approach to maritime claims, excluding intellectual property infringement from the list of arrestable claims. As a result, right holders often cannot use ship arrest as a direct procedural remedy, even when vessels are instrumental in the transportation of infringing goods. This creates a significant enforcement gap between substantive intellectual property protection and practical maritime implementation.

کلیدواژه ها:

Intellectual Property Rights ، Maritime Claims ، Ship Arrest ، TRIPS Agreement ، Paris Convention