The Role of the Appellate Body of the WTO in Preserving the ‘Glocal’ Space in International Intellectual Property Law

Abstract

This chapter introduces a novel way of conceiving the international intellectual property system and it contends that the system can be conceptualised as consisting of three spaces i.e. the global space, the glocal space, and the local space. The focus of this chapter is on the glocal space. The glocal space is the space available to states to experiment and adjust global rules to suit their local needs. The glocal space is thus an important space in the international intellectual property system. Building on the work of sociologists with regard to the concept of glocalisation, this chapter makes two key contributions. First, it critically explores how viewing glocalisation as an autonomous concept can be applied in the context of international intellectual property law and, in this regard, it contends that the World Trade Organisation’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) should not be conceptualised as simply a global agreement but as an agreement that contains both global and glocal spaces. Secondly, the chapter critically analyses the role that the WTO’s Appellate Body has played in preserving the glocal space in international intellectual property law.