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Gervais, Daniel --- "Does the WTO Appellate Body ‘make’ IP law?" [2018] ELECD 925; in Geiger, Christophe; Nard, A. Craig; Seuba, Xavier (eds), "Intellectual Property and the Judiciary" (Edward Elgar Publishing, 2018) 494

Book Title: Intellectual Property and the Judiciary

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

Publisher: Edward Elgar Publishing

ISBN: 9781788113076

Section: Chapter 20

Section Title: Does the WTO Appellate Body ‘make’ IP law?

Author(s): Gervais, Daniel

Number of pages: 23

Abstract/Description:

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.