This contribution reviews the role of the World Trade Organization's (WTO) Appellate Body- a part of its dispute-settlement mechanism - in interpreting the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It discusses, first, the way in which the Appellate Body functions when compared to a common law jurisdiction or a general or specialized domestic court. The contribution then turns to the three disputes concerning the TRIPS Agreement that have reached the Appellate Body since 1995, and the five cases filed against Australia challenging plain packaging measures targeting tobacco products. The primary purpose of the contribution is not to discuss those cases individually in detail but rather to offer a perspective on how the Appellate Body might play a greater role in building the interface between the rules and standards contained in the TRIPS Agreement, and those contained in international law outside the WTO.
Ph.D.; Professor of Law, Professor of French, Director of the Intellectual Property Program, Vanderbilt University, UK. Editor in Chief, Journal of World Intellectual Property. President-elect, International Association for the Advancement of Teaching and Research of Intellectual Property (ATRIP). Member, Academy of Europe
