Vanderbilt Journal of Transnational Law

First Page




The United States, the European Common Market (EEC), Canada, and Japan are currently considering a draft convention entitled "Agreement on Measures to Discourage the Importation of Counterfeit Goods' (hereinafter referred to as the Anticounterfeiting Code or Code) which is designed to minimize the international problem posed by counterfeit merchandise. This Note highlights the international legal significance of the counterfeiting problem. Previous attempts to confront the problem provide the backdrop for a tripartite analysis which treats the following issues in the proposed Code: workability questions evident from an initial examination of the Code; the Code as a norm-creating vehicle; and, aside from the normative properties of the Code, the practical import of the Code for the international business community.

If the Code is to have more than chimerical value, it must either possess independent significance as a norm-creating vehicle or help to coordinate the public and private international law aspects of the counterfeiting problem.