27 Indiana J. Global Legal Studies 269 (2020)
In 2016, Afghanistan formally acceded to the World Trade
Organization (WTO) to improve its worldwide trading prospects.
However, this journey began much earlier. To join the WTO, one of
Afghanistan's commitments was to reform its then-existing trademark
laws. Intellectual property (IP)-related laws are, in general, one of the
fields that countries must reform prior to joining the WTO, so as to be in
accordance with the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS). While Afghanistan has enacted some IPrelated
statutes, including the 2009 Law on Trade Marks Registration,
it continues to fall short of conforming to TRIPS because it is silent on
licensing trademarks, and is ambiguous on both trademark validity and
use requirements. Consequently, these kinds of deficiencies will create
opportunities to misuse a legal loophole, perpetuate corruption, and
discourage foreign investment in Afghanistan. This paper suggests that
the Afghan government should fix the deficiencies in TRIPS by
modeling the Turkey Industrial Code and the Law of the Republic of
Indonesia on Marks, in order to decrease corruption and increase trust
by foreign investors. The first part of this paper will briefly introduce
the structure of the WTO, then cover the process of Afghanistan's
accession to the WTO. The second part will introduce both the old and
new Law on Trade Marks Registration of Afghanistan as well as TRIPS.
The final part will show the deficiencies of the Afghan statute in
relation to TRIPS, the consequences of those deficiencies, and the
possible solutions and recommendations for this problem.
"Afghanistan Legislative Commitments to the WTO: A Deeper Look at Afghanistan's Compliance with TRIPS,"
Indiana Journal of Global Legal Studies: Vol. 27
, Article 5.
Available at: https://www.repository.law.indiana.edu/ijgls/vol27/iss2/5
Available for download on Friday, August 01, 2025