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THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016$
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Giuliana Ziccardi Capaldo

Print publication date: 2017

Print ISBN-13: 9780190848194

Published to Oxford Scholarship Online: October 2017

DOI: 10.1093/oso/9780190848194.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 29 November 2020

The WTO Appellate Body and the TRIPS Agreement

The WTO Appellate Body and the TRIPS Agreement

Chapter:
(p.225) II.1 The WTO Appellate Body and the TRIPS Agreement
Source:
THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016
Author(s):

Daniel Gervais

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190848194.003.0012

This contribution reviews the role of the World Trade Organization’s (WTO) Appellate Body—a part of its dispute-settlement mechanism—in interpreting the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It discusses, first, the way in which the Appellate Body functions when compared to a common law jurisdiction or a general or specialized domestic court. The contribution then turns to the three disputes concerning the TRIPS Agreement that have reached the Appellate Body since 1995, and the five cases filed against Australia challenging plain packaging measures targeting tobacco products. The primary purpose of the contribution is not to discuss those cases individually in detail but rather to offer a perspective on how the Appellate Body might play a greater role in building the interface between the rules and standards contained in the TRIPS Agreement, and those contained in international law outside the WTO.

Keywords:   Canada, clinical isolation, pharmaceuticals, plain packaging, precedent, TRIPS Agreement, US Copyright Act, Vienna Convention, WTO Appellate Body

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