WIPO is key to I-LAW in intellectual property and innovation
Susy Frankel 05, Frankel is the professor of Law, Chair in Intellectual Property and International Trade at Victoria University of Wellington in New Zealand, “The WTO's Application of 'the Customary Rules of Interpretation of Public International Law' to Intellectual Property”, Virginia Journal of International Law, Vol. 46, 2005, 12-09-2005, https://www.researchgate.net/profile/Susy Frankel/publication/228136490_The_WTO's_Application_of_'The_Customary_Rules_of_Interpretation_of_Public_International_Law'_to_Intellectual_Property/links/552cee610cf21acb092108da/The-WTOs-Application-of-The-Customary-Rules-of-Interpretation-of-Public-International-Law-to-Intellectual-Property.pdf?_sg%5B0%5D=started_experiment_milestone&origin=journalDetail&_rtd=e30%3D //JL
Of relevance to TRIPS Agreement interpretation is the role of WIPO, the controlling organization of most multilateral intellectual property treaties and an organization that is integral to the development of rules of international law in the intellectual property field. The WTO has turned to WIPO to establish if an existing international property norm exists. In the United States- section 110(5) Copyright Act dispute the panel consulted WIPO on the norm of fair use in copyright standard,190 and in EC- Geographical Indications, the panel consulted WIPO on the interpretation of the Paris Convention.191 It would not only be odd indeed if the WTO ignored any existing international norm in TRIPS Agreement interpretation, but also contrary to the DSU rule that agreements are to be interpreted in accordance with the customary rules of interpretation of public international law. Such an approach could not be justified in relation to the incorporated treaties. The interpretation issue is different in connection with treaties not in existence at the time the TRIPS Agreement came into being. It could not be said that the intention of the parties to the TRIPS Agreement was to incorporate these treaties, except if they become rules of international law.