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Frankel, Susy --- "The interpretation of international intellectual property instruments in national, regional and international courts and tribunals" [2018] ELECD 923; in Geiger, Christophe; Nard, A. Craig; Seuba, Xavier (eds), "Intellectual Property and the Judiciary" (Edward Elgar Publishing, 2018) 441

Book Title: Intellectual Property and the Judiciary

Editor(s): Geiger, Christophe; Nard, A. Craig; Seuba, Xavier

Publisher: Edward Elgar Publishing

ISBN: 9781788113076

Section: Chapter 18

Section Title: The interpretation of international intellectual property instruments in national, regional and international courts and tribunals

Author(s): Frankel, Susy

Number of pages: 22

Abstract/Description:

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.