Intellectual Property and the Judiciary
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Intellectual Property and the Judiciary

Edited by Christophe Geiger, Craig A. Nard and Xavier Seuba

Intellectual Property and the Judiciary explores the role of the judiciary in the elaboration and interpretation of intellectual property law, exploring how IP doctrine and policy are developed and the manner in which judges construct and apply norms in different court systems. The authors engage in a comparative exploration of various national, European and international judiciaries and appraise the competing and complementary roles of governing bodies. The book offers an examination of both common law and civil law traditions in the context of judicial treatment of intellectual property.
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Chapter 18: The interpretation of international intellectual property instruments in national, regional and international courts and tribunals

Susy Frankel


This chapter demonstrates that a proper approach to the interpretation of international intellectual property (IP) treaties in international, regionaland national courts and tribunals would give greater consistency to the scope and flexibilities of internationally agreed IP. In many instances the protection of rights is so dominant in the process of interpretation of the international rules that flexibilities and the interests of those who access and use IP are side-lined. th. Consistency in the method of interpretation is more likely to reflect that minimum standards allow for diverse approaches to IP precisely so that the law can support a variety of legitimate policy goals.

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