Intellectual Property and the Judiciary
Show Less

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 18: The interpretation of international intellectual property instruments in national, regional and international courts and tribunals

Susy Frankel

Abstract

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.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.