Book Chapter

WIPO and IP Dispute Resolution

Andrew Christie

Research Handbook on the World Intellectual Property Organization: The First 50 Years and Beyond | Edward Elgar Publishing Ltd | Published : 2020

Abstract

For the first quarter of a century of its history, WIPO played no role in the resolution of IP disputes. For various reasons, this is not surprising. First, IP rights are sovereign rights, in the sense that they are granted by a nation state. Secondly, IP rights are private rights – that is, they are rights granted to individuals of the state (legal persons, both human and corporate, who are not themselves the state). Thirdly, IP rights are territorial, in the sense that they are generally effective only within the territory of the state that grants them. Given these characteristics, the conventional expectation is that the provision of a mechanism for the enforcement of IP rights is the res..

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University of Melbourne Researchers