NATIONAL COURTS AND THEIR ROLE IN THE DEVELOPMENT OF INTERNATIONAL INTELLECTUAL PROPERTY LAW AND POLICY – WITH REFLECTIONS ON INDIA

[First paragraph] A democratic process for the domestic transposition of international legal obligations is an important mechanism in creating and maintaining a balance between autonomous national interests. In implementing international obligations, state governments are the first to interpret the international rules in question. The passing of legislation to give effect to treaty obligations provides the ideal opportunity for national legislatures to tailor those international requirements to complement other socio-economic obligations.1 Moreover, while the national legislative process can provide useful insights into the perceived scope of international norms, this interpretative role and its influence on the wider legal community can be significantly augmented by the actions of the domestic judiciary. National courts can, through the application and interpretation of international law, provide further insights into how international intellectual property (IP) rules and principles should operate.