TRIPs as Competitive and Cooperative Interpretation

Abstract:     
This paper offers a way of thinking about the field of TRIPs interpretation - not so much the record of interpretive practices as the continuing competitive and cooperative efforts to structure interpretation selectively and steer a path through the criss-cross of regulation. Interpretation is not a mechanical task, it depends on who is deciding and the styles and sources of law for deciding.

The paper first lays out features of the law making field, characterises the mix of competitive and cooperative strategies, and asks whether this process of interpretation will ever be closed off. It then tests these propositions against the experience with interpretation in two places - inside the WTO as dispute settlement and outside within bilateral treaty making. Throughout, the experience is illustrated by the interpretations given to pharmaceutical patent protection.

Keywords: TRIPs, international intellectual property law, WTO, regulation

Working Paper Series