Some Consequences of Misinterpreting the Trips Agreement

11 Pages Posted: 11 Jun 2011 Last revised: 5 Apr 2015

See all articles by Susy Frankel

Susy Frankel

Victoria University of Wellington

Date Written: 2009

Abstract

This short article is part of the inaugural issue of the WIPO Journal. This article discusses how the TRIPS Agreement has been interpreted and misinterpreted and the consequences of that misinterpretation. The article concludes that the rules-based dispute settlement system has failed to provide proper guidance on interpretation of TRIPS that reflects the object and purpose of the Agreement. This failure has a number of consequences for the international intellectual property system and should be corrected in future decisions of the WTO dispute settlement body.

Keywords: intellectual property, TRIPS Agreement, treaty interpretation

Suggested Citation

Frankel, Susy R., Some Consequences of Misinterpreting the Trips Agreement (2009). The WIPO Journal, Vol. 1, p 35, 2009, Victoria University of Wellington Legal Research Paper No. 37/2011, Available at SSRN: https://ssrn.com/abstract=1862672

Susy R. Frankel (Contact Author)

Victoria University of Wellington ( email )

PO Box 600
Wellington, 6140
New Zealand

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