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from B - International Commitments and Constraints
Published online by Cambridge University Press: 29 December 2020
The transition of intellectual property into the World Trade Organization (WTO) trade regime, through the vehicle of the TRIPS Agreement,2 not only took intellectual property protection to a new level of protection and with greater reach globally, it also placed intellectual property in a forum where it would be subject to binding dispute resolution. As part of that process, the Vienna Convention on the Law of Treaties (Vienna Convention)3 would be applied to the interpretation of the TRIPS Agreement provisions in disputes brought to the WTO.4 The Vienna Convention applies to the interpretation of all treaties (and other treaty-related matters) both within and outside the WTO dispute settlement context. Therefore, even prior to the conclusion of the TRIPS Agreement and the formation of the WTO in 1995, the Vienna Convention should have been the mechanism through which international treaties about intellectual property were interpreted by members of other international organisations, particularly the World Intellectual Property Organization (WIPO), and also by national and regional courts and policymakers.
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