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The WTO, WIPO, ACTA, and More: Fragmentation and Integration

Graeme B. Dinwoodie and Rochelle C. Dreyfuss

in A Neofederalist Vision of TRIPS: The Resilience of the International Intellectual Property Regime

International intellectual property lawmaking since TRIPS has involved many different actors, in many different fora, under a variety of conditions, leading to the phenomenon of fragmentation. This ... More

International intellectual property lawmaking since TRIPS has involved many different actors, in many different fora, under a variety of conditions, leading to the phenomenon of fragmentation. This Chapter discusses many of these lawmaking initiatives (such as bilateral free trade agreements, ACTA, the Transpacific Partnership Agreement, WIPO Development Agenda, and soft law instruments). It addresses both efforts at further commodification and the promulgation of counternorms that clarify the space where TRIPS does not require commodification. The Chapter develops a framework for integrating these developments into the WTO regime and thus gaining the benefits of regulatory competition while minimizing the costs of fragmentation. It rejects the approach of aggressive integration suggested by the International Law Commission; TRIPS offers ample opportunities for norm-integration-through-interpretation. The weight to be given to materials drawn from outside the WTO should reflect the source and timing of the instrument, governance issues, and the relationship between the coverage of the instrument and that of TRIPS. The WTO can also reduce fragmentation through its lawmaking activities, including deliberations in the Council for TRIPS. Treating other specialised institutions (eg the WHO) as partners in the international system might facilitate regulatory cooperation, and the Chapter thus suggests procedural mechanisms to take advantage of that expertise.Less

Counterfeit States: Bootleg Currency and Postrevolutionary American Property

Sharada Balachandran Orihuela

in Fugitives, Smugglers, and Thieves: Piracy and Personhood in American Literature

This chapter looks to overlapping discussions of American economic health and growth to present a complex story about the circulation of currency as well as the circulation of late-eighteenth century ... More

This chapter looks to overlapping discussions of American economic health and growth to present a complex story about the circulation of currency as well as the circulation of late-eighteenth century conceptions of American personhood in the works of Charles Brockden Brown and Stephen Burroughs. These imaginative accounts of counterfeiting dramatize the intimate bonds of normative conceptions of citizenship and national currency. This chapter shows how discourses of counterfeiting distinctly frame the social and political geographies of the early American republic. Moreover, the lack of uniform paper currency in the early Republic (which produces social, political, and economic instability) mimics the lack of a uniform understanding of national citizenship in this same period to such a degree that some late eighteenth century authors respond to this dual precarity by proposing that counterfeiting a uniquely American form of self-making, both because the counterfeiting enterprise gives rise to new, albeit economically unstable, homo economici, and because these new economic bodies are themselves forging and/or imitating the dress, behaviors, and codes of propriety in order to capitalize on counterfeit currency. Thus, counterfeiting alleviates some of the anxiety about the lack of uniform national citizenship.Less

Leaves

Whitney Anne Trettien

Bill Maurer and Lana Swartz (eds)

in Paid: Tales of Dongles, Checks, and Other Money Stuff

In the early 18th century, the American colonials were awash with both paper currency and its twin: counterfeit bills. Benjamin Franklin became a proponent of using leafs prints in currency as an ... More

In the early 18th century, the American colonials were awash with both paper currency and its twin: counterfeit bills. Benjamin Franklin became a proponent of using leafs prints in currency as an anti-counterfeiting measure. Duplicating a leaf print is difficult not just because the resulting patterns are so complex, but because the original leaf is destroyed in the process. Franklin’s innovation, then, is that he shifts the burden of counterfeiting from copying the content of a note to discerning and iterating the process of its reproduction—even as that very process prevents the thing, the leaf, from ever being reproduced in the same way again. In this, we can see a kind of environmental nationalism: authority inheres not in the material substance of the paper itself but rather in the land that prints it and it printed upon it.Less

The U.S. Middle District of Florida, First Years, 1962–1968

James M. Denham

in Fifty Years of Justice: A History of the U.S. District Court for the Middle District of Florida

This chapter covers the U.S. Middle District of Florida from its creation when it was carved out of the U.S. Southern District of Florida in 1962 to 1968. The first judges, U.S. attorney, U.S. ... More

This chapter covers the U.S. Middle District of Florida from its creation when it was carved out of the U.S. Southern District of Florida in 1962 to 1968. The first judges, U.S. attorney, U.S. Marshal, and other offices and their officers are covered. Pertinent issues of the time during the Kennedy-Johnson years, such as Civil Rights, the War on Poverty, the Cold War, the Vietnam War are covered within the context of enforcing and adjudication federal law in Florida. Thorough coverage of the U.S. Attorney’s office, its personnel, and the types of crimes they prosecuted during these years is included. The courthouse staffs in Jacksonville, Tampa, and Orlando (permanently established during those years) is covered. Attention is also given to the daily regimen of the judges, types of cases they handled, court loads, and also some of the more prominent visiting judges are covered.Less

Understanding the Real Problem of Fakes in Africa

Marius Schneider and Vanessa Ferguson

in Enforcement of Intellectual Property Rights in Africa

Africa is rising: its growing middle and upper class represent an untapped, dynamic, fast-moving, and competitive market that businesses can scarcely ignore. Household consumption in Africa has ... More

Africa is rising: its growing middle and upper class represent an untapped, dynamic, fast-moving, and competitive market that businesses can scarcely ignore. Household consumption in Africa has increased faster than the continent’s gross domestic product (GDP), which itself has consistently outpaced the global average. Consumer expenditure is growing at a compound annual rate of 3.9 per cent since 2010, from US$1.4 trillion in 2015 to an expected $2.5 trillion by 2030. If one adds the importance of brand recognition to African buyers, the young and growing population, the rapid urbanization, and the spread of Internet and mobile phones on the continent, Africa’s emerging economies present exciting opportunities for rights holders. Less

Strategies II: Insiders and Outsiders in Three Campaigns

Andreas Dür and Gemma Mateo

in Insiders versus Outsiders: Interest Group Politics in Multilevel Europe

Chapter 6 both offers a second test of the argument about lobbying insiders and lobbying outsiders and pushes it a step further. In particular, it tests the argument that the differences between ... More

Chapter 6 both offers a second test of the argument about lobbying insiders and lobbying outsiders and pushes it a step further. In particular, it tests the argument that the differences between business actors and citizen groups in terms of strategy choice are largest when they defend the status quo. Moreover, the chapter argues that business groups are lobbying insiders independently of both the public salience of an issue and the relationship between their demands and public attitudes on that issue. The empirical analysis shows that the distinction between lobbying insiders and lobbying outsiders is valid for three high profile lobbying campaigns, namely those relating to the Anti-Counterfeiting Trade Agreement (ACTA), the formulation of the European Union's position in the post-Kyoto climate change negotiations and the European Fiscal Compact.Less

Influence: Lobbying, Public Salience, and Outcomes

Andreas Dür and Gemma Mateo

in Insiders versus Outsiders: Interest Group Politics in Multilevel Europe

This final chapter assesses how the differences in lobbying behaviour and access to decision-makers stressed in the previous chapters shape interest groups' ability to influence political decisions ... More

This final chapter assesses how the differences in lobbying behaviour and access to decision-makers stressed in the previous chapters shape interest groups' ability to influence political decisions in Europe's multilevel polity. It does so by looking at three major decision-making episodes: the ratification of the Anti-Counterfeiting Trade Agreement (ACTA), the European Union's position with respect to the post-Kyoto climate change negotiations, and the European Fiscal Compact. The evidence shows that outsiders managed to derail ACTA by mobilizing the public, whereas insiders managed to defend their interests in the climate change and Fiscal Compact cases because outsiders were unable to draw the attention of the broader public to these issues. Both logics of lobbying thus can be effective under different circumstances.Less