Edited by Christophe Geiger, Craig A. Nard and Xavier Seuba
Chapter 20: Does the WTO Appellate Body ‘make’ IP law?
The chapter considers the role of the World Trade Organization’s Appellate Body as a judicial body. It first looks at the arguments favoring specialized courts versus general ones, and courts versus legislative bodies. It then considers whether the Appellate Body can be compared to a domestic court, and if so, whether it can be compared to a common law court, and whether it is more similar to a general or specialized court. Three cases involving the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement are discussed. The chapter ends with a few concluding thoughts.
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