In this Article, Professor Dinwoodie describes the classical architecture of the international intellectual property system, and discusses some of the ways in which that system is changing. In particular, he considers the role of national courts in the international intellectual property system. Conventional understanding suggests that national courts play a relatively limited role, but Professor Dinwoodie notes various developments that have enabled or required national courts to assume greater involvement in the construction of international intellectual property law. The infrastructure envisaged by the proposed Hague Convention, and by Professors Dreyfuss and Ginsburg in their proposal for a standalone convention on jurisdiction and judgments in intellectual property matters, might also enhance the role of such national judicial activity. Professor Dinwoodie concludes by suggesting the ways in which national courts operating within such an infrastructure could make a positive contribution to the construction of international intellectual property law.
Graeme B. Dinwoodie,
The Architecture of the International Intellectual Property System,
Chi.-Kent L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol77/iss3/3