The Role of International Treaties in the Interpretation of Canadian Intellectual Property Statutes

THE GLOBALIZED RULE OF LAW: RELATIONSHIPS BETWEEN INTERNATIONAL AND DOMESTIC LAW, O. Fitzgerald, ed., pp. 549-572, Irwin Law, 2006

13 Pages Posted: 21 Feb 2009

See all articles by Daniel J. Gervais

Daniel J. Gervais

Vanderbilt University - Law School

Date Written: May 9, 2006

Abstract

The relationship between domestic intellectual property statutes and international law in growing in scope and depth. This paper is a chapter in a book that emphasizes that international law is not only used to interpret domestic law but in fact may itself become a guide for international tribunals, such as the World Trade Organization Dispute-Settlement Body. The Paper considers mostly the role that international norms have played in recent decisions of the Supreme Court of Canada and the Federal Court.

Keywords: Intellectual property, statutes, interpretation, TRIPS, Berne, WCT, Canada

JEL Classification: K33

Suggested Citation

Gervais, Daniel J., The Role of International Treaties in the Interpretation of Canadian Intellectual Property Statutes (May 9, 2006). THE GLOBALIZED RULE OF LAW: RELATIONSHIPS BETWEEN INTERNATIONAL AND DOMESTIC LAW, O. Fitzgerald, ed., pp. 549-572, Irwin Law, 2006. Available at SSRN: https://ssrn.com/abstract=1340159

Daniel J. Gervais (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615 322 2615 (Phone)

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