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Reframing the Paris and Berne Conventions as Multilateral Trade Law
from Part II - Across Jurisdictions
Published online by Cambridge University Press: 27 March 2020
The negotiators of the WTO TRIPS Agreement made a conscious and far-reaching decision to incorporate substantive provisions of the central pillars of the multilateral intellectual property system, the Paris and Berne Conventions, not only into the TRIPS Agreement itself but also into the broader complex of multilateral trade law. Subsequent dispute settlement practice has eased concerns that this fundamental structural decision would lead to a fragmentation of the international law of intellectual property. Yet the intent behind, and the full consequences of, this decision are not entirely apparent. This chapter maps out the issues, and draws on the practice of dispute settlement thus far and on the lessons of domestic policy making and legislation to suggest a systematic and coherent approach to showing the 'respect' to these venerable conventions that the TRIPS Agreement text ostensibly requires.
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