Islands of Effective International Adjudication
This chapter explains how the Andean Tribunal of Justice (ATJ) became both active and effective with respect to intellectual property (IP) disputes, and why IP remains an island of effective adjudication that has not expanded to other areas of Andean law. It describes the ATJ's interactions with the domestic administrative agencies responsible for IP and explores how the ATJ's rulings shaped agency decisions and procedures to bolster adherence to the rule of law. The chapter also documents how the relationship between Andean judges and agency officials enabled the ATJ to confront national governments under pressure from the United States and multinational drug companies to violate Andean law. It demonstrates that Andean IP rules differ from those elsewhere in Latin America. Finally, this chapter explains how the legal and institutional contexts within which Andean IP rules are embedded help to bolster the island's stability and protect it from significant meddling by governments.