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Expert Analysis

What 'Commercial Scale' Means In IP Trade Agreements

By Tran Manh Hung and Hoang Ngoc Quan (July 5, 2018, 1:33 PM EDT) -- The "commercial scale" threshold for intellectual property-related criminal offenses appears in important international agreements that require member states to criminalize certain acts of IP infringement, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights[1] or the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, which incorporates most of the Trans-Pacific Partnership Agreement.[2] However, there has not been a consensus on the understanding of the term "commercial scale," which leaves a wide and opaque margin for interpretation by member states to these agreements as well as judges and lawyers....

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