Book contents
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- A Forms and Institutions
- B International Commitments and Constraints
- 6 Global Intellectual Property: Transition and Coherence Through Rules of Interpretation
- 7 Article 20 of the TRIPS Agreement: Up in Smoke?
- 8 Implementing Treaty Obligations at the National Level
- 9 Multiple and Overlapping Transitions in IP
- 10 Transition and Continuity in the Private International Law of Intellectual Property
- 11 From Nintendo Wii to Perfumes, Driving a BMW Car: A Tale of Transition to the Wrong Kind of Coherence
- C New Agents and the Challenge of New Technologies
- Part II Coherence
- Conclusion
- Cambridge Intellectual Property and Information Law
6 - Global Intellectual Property: Transition and Coherence Through Rules of Interpretation
from B - International Commitments and Constraints
Published online by Cambridge University Press: 29 December 2020
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- A Forms and Institutions
- B International Commitments and Constraints
- 6 Global Intellectual Property: Transition and Coherence Through Rules of Interpretation
- 7 Article 20 of the TRIPS Agreement: Up in Smoke?
- 8 Implementing Treaty Obligations at the National Level
- 9 Multiple and Overlapping Transitions in IP
- 10 Transition and Continuity in the Private International Law of Intellectual Property
- 11 From Nintendo Wii to Perfumes, Driving a BMW Car: A Tale of Transition to the Wrong Kind of Coherence
- C New Agents and the Challenge of New Technologies
- Part II Coherence
- Conclusion
- Cambridge Intellectual Property and Information Law
Summary
The transition of intellectual property into the World Trade Organization (WTO) trade regime, through the vehicle of the TRIPS Agreement,2 not only took intellectual property protection to a new level of protection and with greater reach globally, it also placed intellectual property in a forum where it would be subject to binding dispute resolution. As part of that process, the Vienna Convention on the Law of Treaties (Vienna Convention)3 would be applied to the interpretation of the TRIPS Agreement provisions in disputes brought to the WTO.4 The Vienna Convention applies to the interpretation of all treaties (and other treaty-related matters) both within and outside the WTO dispute settlement context. Therefore, even prior to the conclusion of the TRIPS Agreement and the formation of the WTO in 1995, the Vienna Convention should have been the mechanism through which international treaties about intellectual property were interpreted by members of other international organisations, particularly the World Intellectual Property Organization (WIPO), and also by national and regional courts and policymakers.
- Type
- Chapter
- Information
- Transition and Coherence in Intellectual Property LawEssays in Honour of Annette Kur, pp. 85 - 95Publisher: Cambridge University PressPrint publication year: 2021