Volume 10 - Special Issue of Intellectual Property Law
MLJ 2017, 10 - Special Issue of Intellectual Property Law: 281-310 |
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Komeylipour A, Raisi L, Raei M. WTO Dispute Settlement Approach in Interpreting Intellectual Property Rights with Emphasis on Jurisprudence. MLJ 2017; 10 (S5) :281-310
URL: http://ijmedicallaw.ir/article-1-1294-en.html
URL: http://ijmedicallaw.ir/article-1-1294-en.html
Abstract:
Background and Aim: Differences in countries' perceptions of intellectual property rights, arising differences in the dispute settlement body of this organization and ambiguities in the interpretation of the articles of the TRIPS Agreement, raise the need to clarify the criteria for interpretation of intellectual property rights. In fact, the benefit of a cohesive structure and efficient working methods has revolutionized the international community, which has never experienced such a situation in the field of settlement of dispute resulting from the implementation of international intellectual property law. Our aim in this study is to explain the WTO dispute settlement body in the interpretation of intellectual property rights.
Method: This research has been prepared and compiled in a descriptive-analytical manner and in a library method with the help of taking notes from valid books and articles.
Results: The findings indicate that; The WTO settlement of dispute body has regularly used the Convention on the Law of Treaties (1969) as a parent document, among other methods, to interpret agreements under the auspices of the WTO.
Ethical Considerations: From the beginning to the end of the article, ethical principles, honesty and fidelity have been observed.
Conclusion: This systematic and coherent approach to resolving disputes in the international arena, especially in the interpretation of intellectual property, has been instrumental in identifying the WTO Settlement of dispute body’s interpretation method. A good guide for countries to strengthen the law as much as possible, in the first step to prevent any dispute and in case of arising a conflict, in the next step, to increase the potential for success in dispute resolution.
Method: This research has been prepared and compiled in a descriptive-analytical manner and in a library method with the help of taking notes from valid books and articles.
Results: The findings indicate that; The WTO settlement of dispute body has regularly used the Convention on the Law of Treaties (1969) as a parent document, among other methods, to interpret agreements under the auspices of the WTO.
Ethical Considerations: From the beginning to the end of the article, ethical principles, honesty and fidelity have been observed.
Conclusion: This systematic and coherent approach to resolving disputes in the international arena, especially in the interpretation of intellectual property, has been instrumental in identifying the WTO Settlement of dispute body’s interpretation method. A good guide for countries to strengthen the law as much as possible, in the first step to prevent any dispute and in case of arising a conflict, in the next step, to increase the potential for success in dispute resolution.
Type of Study: Original Article |
Received: 2017/02/14 | Accepted: 2020/12/19
Received: 2017/02/14 | Accepted: 2020/12/19
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