Carolyn Deere
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780199550616
- eISBN:
- 9780191720284
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199550616.001.0001
- Subject:
- Political Science, International Relations and Politics, Political Economy
In the 1990s, the fight between North and South over intellectual property (IP) reached new heights. The result was the World Trade Organization's (WTO's) deeply contested agreement on Trade‐Related ...
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In the 1990s, the fight between North and South over intellectual property (IP) reached new heights. The result was the World Trade Organization's (WTO's) deeply contested agreement on Trade‐Related Aspects of Intellectual Property Rights (TRIPS). Widely resented by developing countries, TRIPS nonetheless permits them some hard‐won flexibility. Puzzling, however, is why some developing countries have used that flexibility and others have not. Even more curious is that despite securing some extra concessions, many of the poorest countries have made least use of them. For scholars of international political economy and law, this book is the first detailed exploration of the links between global IP politics and the implementation of IP reforms. It exposes how power politics occur not just within global trade talks but afterwards when countries implement agreements. For developing countries, TRIPS did not end the IP offensive. At the urging of lobbyists from large multinational companies, powerful countries backtracked on the flexibilities in TRIPS and pursued even stronger global IP rules. To prevent precedents for weaker IP standards in poorer countries, they issued threats to market access, aid, investment, and political alliances. Further, they used new trade deals and, more subtly, ‘capacity‐building’ (assisted by the World Intellectual Property Organization, among others) to leverage faster compliance and higher standards than TRIPS requires. Meanwhile, ‘pro‐development’ advocates from civil society, other UN agencies, and developing countries worked to counter ‘compliance‐plus’ pressures and defend the use of TRIPS flexibilities, sometimes with success. Within developing countries, most governments had little experience of IP law. They often deferred TRIPS implementation to IP offices cut‐off from trade politics and national policymaking, making them more vulnerable to the TRIPS‐plus agenda. In francophone Africa, regional IP arrangements magnified this effect.Less
In the 1990s, the fight between North and South over intellectual property (IP) reached new heights. The result was the World Trade Organization's (WTO's) deeply contested agreement on Trade‐Related Aspects of Intellectual Property Rights (TRIPS). Widely resented by developing countries, TRIPS nonetheless permits them some hard‐won flexibility. Puzzling, however, is why some developing countries have used that flexibility and others have not. Even more curious is that despite securing some extra concessions, many of the poorest countries have made least use of them. For scholars of international political economy and law, this book is the first detailed exploration of the links between global IP politics and the implementation of IP reforms. It exposes how power politics occur not just within global trade talks but afterwards when countries implement agreements. For developing countries, TRIPS did not end the IP offensive. At the urging of lobbyists from large multinational companies, powerful countries backtracked on the flexibilities in TRIPS and pursued even stronger global IP rules. To prevent precedents for weaker IP standards in poorer countries, they issued threats to market access, aid, investment, and political alliances. Further, they used new trade deals and, more subtly, ‘capacity‐building’ (assisted by the World Intellectual Property Organization, among others) to leverage faster compliance and higher standards than TRIPS requires. Meanwhile, ‘pro‐development’ advocates from civil society, other UN agencies, and developing countries worked to counter ‘compliance‐plus’ pressures and defend the use of TRIPS flexibilities, sometimes with success. Within developing countries, most governments had little experience of IP law. They often deferred TRIPS implementation to IP offices cut‐off from trade politics and national policymaking, making them more vulnerable to the TRIPS‐plus agenda. In francophone Africa, regional IP arrangements magnified this effect.
Bernard M. Hoekman and Michel M. Kostecki
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780198294313
- eISBN:
- 9780191596445
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829431X.003.0009
- Subject:
- Economics and Finance, International
An overview is provided of the economic rationales for protection of IPRs (intellectual property rights) and the reasons behind moves to adopt multilateral rules in this area. Some of the major ...
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An overview is provided of the economic rationales for protection of IPRs (intellectual property rights) and the reasons behind moves to adopt multilateral rules in this area. Some of the major conflicts of interest that shaped the TRIPs (Trade‐Related Intellectual Property Rights) agreement on this are summarized, as are the basic elements of the substantive disciplines imposed. The agreement is unique in the WTO (World Trade Organization) context in that it imposes obligations upon governments to adopt a set of substantive rules in an area that traditionally has been regarded as the purview of domestic regulation. It is an example of what Tinbergen (1954) has called ‘positive integration’; this is in contrast with the ‘negative’ integration found in the GATT, which involves agreements not to use certain policies that directly affect (distort) trade flows––such as export subsidies or quotas––or if used, imposes constraints on when and how trade policies may be applied. The chapter ends with a brief discussion of implementation‐related questions, focusing in particular on the options that exist to reduce the potential negative aspects of stronger IPRs on national welfare. The different sections are as follows: Intellectual property and international trade; International conventions and GATT (General Agreement on Tariffs and Trade) history; The Uruguay Round negotiations; WTO rules on intellectual property rights; Implementation concerns and challenges; and Conclusion.Less
An overview is provided of the economic rationales for protection of IPRs (intellectual property rights) and the reasons behind moves to adopt multilateral rules in this area. Some of the major conflicts of interest that shaped the TRIPs (Trade‐Related Intellectual Property Rights) agreement on this are summarized, as are the basic elements of the substantive disciplines imposed. The agreement is unique in the WTO (World Trade Organization) context in that it imposes obligations upon governments to adopt a set of substantive rules in an area that traditionally has been regarded as the purview of domestic regulation. It is an example of what Tinbergen (1954) has called ‘positive integration’; this is in contrast with the ‘negative’ integration found in the GATT, which involves agreements not to use certain policies that directly affect (distort) trade flows––such as export subsidies or quotas––or if used, imposes constraints on when and how trade policies may be applied. The chapter ends with a brief discussion of implementation‐related questions, focusing in particular on the options that exist to reduce the potential negative aspects of stronger IPRs on national welfare. The different sections are as follows: Intellectual property and international trade; International conventions and GATT (General Agreement on Tariffs and Trade) history; The Uruguay Round negotiations; WTO rules on intellectual property rights; Implementation concerns and challenges; and Conclusion.
Don Rose and Cam Patterson
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9781469625263
- eISBN:
- 9781469625287
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469625263.003.0004
- Subject:
- Business and Management, Innovation
Spinning a company out of the university, based on university scientific research involves a number of key steps: Recognizing the Opportunity Disclosure to the University Filing for IP Protection ...
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Spinning a company out of the university, based on university scientific research involves a number of key steps: Recognizing the Opportunity Disclosure to the University Filing for IP Protection Recruiting Advisors and Mentors Developing the Business Case Forming the Company Building the Management Team Licensing the Intellectual Property Gathering Market Information Defining and Refining the Business Model Early-Stage Marketing Writing The Business Plan Raising Initial Capital Finding Space Raising Growth Capital Developing the Product Engaging the Customer: Marketing, Sales, and Business Development Establishing Manufacturing The Exit Each step is considered in detail with practical recommendations based on the authors’ experience.Less
Spinning a company out of the university, based on university scientific research involves a number of key steps: Recognizing the Opportunity Disclosure to the University Filing for IP Protection Recruiting Advisors and Mentors Developing the Business Case Forming the Company Building the Management Team Licensing the Intellectual Property Gathering Market Information Defining and Refining the Business Model Early-Stage Marketing Writing The Business Plan Raising Initial Capital Finding Space Raising Growth Capital Developing the Product Engaging the Customer: Marketing, Sales, and Business Development Establishing Manufacturing The Exit Each step is considered in detail with practical recommendations based on the authors’ experience.
Graeme B. Dinwoodie and Rochelle C. Dreyfuss
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780195304619
- eISBN:
- 9780199933273
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195304619.001.0001
- Subject:
- Law, Intellectual Property, IT, and Media Law, Private International Law
This book examines the TRIPS Agreement: its interpretation, its impact on the creative environment, and its effect on national and international lawmaking. It propounds a vision of TRIPS as creating ...
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This book examines the TRIPS Agreement: its interpretation, its impact on the creative environment, and its effect on national and international lawmaking. It propounds a vision of TRIPS as creating a neofederalist regime, one that will ensure the resilience of the international intellectual property system in time of rapid change. In this vision, WTO members retain considerable flexibility to tailor intellectual property law to their national priorities and to experiment with changes necessary to meet new technological and social challenges, but agree to operate within an international framework. This framework, while less powerful than the central administration of a federal government, comprises a series of substantive and procedural commitments that promote the coordination of both the present intellectual property system as well as future international intellectual property lawmaking. Part I demonstrates the centrality of national autonomy throughout the history of international negotiations over intellectual property. Part II analyzes the decisions of the WTO in intellectual property cases, and finds them lacking in many respects. Looking to the future, Part III develops a framework for integrating the increasingly fragmented international system and proposes the recognition of an international intellectual property acquis, a set of longstanding principles that have informed, and should continue to inform intellectual property lawmaking. The acquis would include both express and latent components of the international regime, put access-regarding guarantees such as user rights on a par with proprietary interests and enshrine the fundamental importance of national autonomy in the international system.Less
This book examines the TRIPS Agreement: its interpretation, its impact on the creative environment, and its effect on national and international lawmaking. It propounds a vision of TRIPS as creating a neofederalist regime, one that will ensure the resilience of the international intellectual property system in time of rapid change. In this vision, WTO members retain considerable flexibility to tailor intellectual property law to their national priorities and to experiment with changes necessary to meet new technological and social challenges, but agree to operate within an international framework. This framework, while less powerful than the central administration of a federal government, comprises a series of substantive and procedural commitments that promote the coordination of both the present intellectual property system as well as future international intellectual property lawmaking. Part I demonstrates the centrality of national autonomy throughout the history of international negotiations over intellectual property. Part II analyzes the decisions of the WTO in intellectual property cases, and finds them lacking in many respects. Looking to the future, Part III develops a framework for integrating the increasingly fragmented international system and proposes the recognition of an international intellectual property acquis, a set of longstanding principles that have informed, and should continue to inform intellectual property lawmaking. The acquis would include both express and latent components of the international regime, put access-regarding guarantees such as user rights on a par with proprietary interests and enshrine the fundamental importance of national autonomy in the international system.
Srividhya Ragavan
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199840670
- eISBN:
- 9780199949786
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199840670.003.0003
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter explores the global trade regime, which viewed substantive equality as the first step towards true equality. It defines the terms substantive equality and barriers-to-trade, and then ...
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This chapter explores the global trade regime, which viewed substantive equality as the first step towards true equality. It defines the terms substantive equality and barriers-to-trade, and then studies the WTO as a tool to discourage protectionist policies of member states to achieve the goal of reducing barriers to international trade. It looks at IP rights and protection, which is administered by the World Intellectual Property Organization (WIPO), and even summarizes the Trade-Related Aspects of the Intellectual Property Rights (TRIPS) Agreement. This chapter concludes with a discussion on the Doha Declaration and its consequences for poorer nations.Less
This chapter explores the global trade regime, which viewed substantive equality as the first step towards true equality. It defines the terms substantive equality and barriers-to-trade, and then studies the WTO as a tool to discourage protectionist policies of member states to achieve the goal of reducing barriers to international trade. It looks at IP rights and protection, which is administered by the World Intellectual Property Organization (WIPO), and even summarizes the Trade-Related Aspects of the Intellectual Property Rights (TRIPS) Agreement. This chapter concludes with a discussion on the Doha Declaration and its consequences for poorer nations.
Junji Nakagawa
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199604661
- eISBN:
- 9780191731679
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199604661.003.0005
- Subject:
- Law, Public International Law
This chapter analyzes international harmonization of intellectual property rights, tracing its history from the Paris (1883) and Berne Conventions (1886) to the WIPO (World Intellectual Property ...
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This chapter analyzes international harmonization of intellectual property rights, tracing its history from the Paris (1883) and Berne Conventions (1886) to the WIPO (World Intellectual Property Organization) and the TRIPS Agreement of the WTO. The contents of the TRIPS Agreement and its implementation through the WTO dispute settlement mechanism are detailed. The chapter further shows how concerns triggered by the TRIPS Agreement in developing countries over negative effects in securing public health resulted in modification of the Agreement in 2001.Less
This chapter analyzes international harmonization of intellectual property rights, tracing its history from the Paris (1883) and Berne Conventions (1886) to the WIPO (World Intellectual Property Organization) and the TRIPS Agreement of the WTO. The contents of the TRIPS Agreement and its implementation through the WTO dispute settlement mechanism are detailed. The chapter further shows how concerns triggered by the TRIPS Agreement in developing countries over negative effects in securing public health resulted in modification of the Agreement in 2001.
Christopher May
- Published in print:
- 2008
- Published Online:
- August 2013
- ISBN:
- 9780262042512
- eISBN:
- 9780262271936
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262042512.003.0311
- Subject:
- Information Science, Communications
This chapter explores the international politics of intellectual property protection within the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO). It looks at ...
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This chapter explores the international politics of intellectual property protection within the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO). It looks at power dynamics and the distributive issues of winners and losers to argue that the current emphasis on strict and expansive intellectual property rules has been initiated by the industrialized countries and their industries and does not cater to the needs of non-dominant actors, particularly developing countries. After providing an overview of intellectual property rights, capacity building, and “informational development” in developing countries, the chapter turns to the global governance of intellectual property and the rise of internationalism in intellectual property governance. It also discusses the globalization of intellectual property’s governance and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement before concluding by outlining ways in which non-dominant actors can exploit the flexibilities provided by the relevant mechanisms to promote developmental and public interest objectives.Less
This chapter explores the international politics of intellectual property protection within the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO). It looks at power dynamics and the distributive issues of winners and losers to argue that the current emphasis on strict and expansive intellectual property rules has been initiated by the industrialized countries and their industries and does not cater to the needs of non-dominant actors, particularly developing countries. After providing an overview of intellectual property rights, capacity building, and “informational development” in developing countries, the chapter turns to the global governance of intellectual property and the rise of internationalism in intellectual property governance. It also discusses the globalization of intellectual property’s governance and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement before concluding by outlining ways in which non-dominant actors can exploit the flexibilities provided by the relevant mechanisms to promote developmental and public interest objectives.
Lucas Lixinski
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199679508
- eISBN:
- 9780191758546
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199679508.003.0006
- Subject:
- Law, Public International Law, Law of Obligations
This chapter addresses the ways in which intellectual property can be used to redress cultural harm. It argues that intellectual property offers the strongest form of protection, but it easily ...
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This chapter addresses the ways in which intellectual property can be used to redress cultural harm. It argues that intellectual property offers the strongest form of protection, but it easily commodifies and ossifies heritage. The chapter looks at how copyright (including moral rights), trademarks, trade secrets, appellations of origin, and industrial designs can be (and have been) used to protect certain manifestations of heritage. The chapter also discusses issues related to the propertization of the ‘cultural commons’ and the public domain. It argues that cultural flows are a necessary part of cultural life and heritage, and are responsible for the maintenance of living cultures, and that intellectual property stifles these flows. Therefore, intellectual property should be used only in certain situations, where cultural harm is serious and needs to be redressed.Less
This chapter addresses the ways in which intellectual property can be used to redress cultural harm. It argues that intellectual property offers the strongest form of protection, but it easily commodifies and ossifies heritage. The chapter looks at how copyright (including moral rights), trademarks, trade secrets, appellations of origin, and industrial designs can be (and have been) used to protect certain manifestations of heritage. The chapter also discusses issues related to the propertization of the ‘cultural commons’ and the public domain. It argues that cultural flows are a necessary part of cultural life and heritage, and are responsible for the maintenance of living cultures, and that intellectual property stifles these flows. Therefore, intellectual property should be used only in certain situations, where cultural harm is serious and needs to be redressed.
Aaron James
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199846153
- eISBN:
- 9780199933389
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199846153.003.0009
- Subject:
- Philosophy, Political Philosophy, Moral Philosophy
This chapter argues that developing countries should in effect be excused from WTO intellectual property rules. It rejects welfarist and natural rights arguments for TRIPs rules, but poses a novel ...
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This chapter argues that developing countries should in effect be excused from WTO intellectual property rules. It rejects welfarist and natural rights arguments for TRIPs rules, but poses a novel defense on grounds of competitive fairness. The chapter then rejoins the argument in light of an “instrumentalist” conception of when it is appropriate to level competitive disadvantages in competitive interactions. It is argued that even if freedom from intellectual property rules creates significant competitive advantages for developing countries and their firms, this is perfectly fair insofar as it is required for a fair trade practice overall.Less
This chapter argues that developing countries should in effect be excused from WTO intellectual property rules. It rejects welfarist and natural rights arguments for TRIPs rules, but poses a novel defense on grounds of competitive fairness. The chapter then rejoins the argument in light of an “instrumentalist” conception of when it is appropriate to level competitive disadvantages in competitive interactions. It is argued that even if freedom from intellectual property rules creates significant competitive advantages for developing countries and their firms, this is perfectly fair insofar as it is required for a fair trade practice overall.
Kathleen McAfee
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780520237612
- eISBN:
- 9780520937499
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520237612.003.0008
- Subject:
- History, History of Science, Technology, and Medicine
New global environmental institutions, particularly the Convention on Biological Diversity (CBD) and its Cartagena Protocol on Biosafety, have become staging grounds for resistance to World Trade ...
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New global environmental institutions, particularly the Convention on Biological Diversity (CBD) and its Cartagena Protocol on Biosafety, have become staging grounds for resistance to World Trade Organization (WTO) rules and to the market-based management of genetic resources that the WTO supports. The origins, limitations, and conflicts of WTO Trade-Related Aspects of Intellectual Property Rights Agreement are elaborated. In contrast to the WTO, the CBD establishes an arguable basis in international law for taking non-economic criteria into account in biotechnology regulation. It recognizes the sovereignty of states over genetic and other resources within their territories. The U.S. government's commitment to promote the international expansion of its agricultural, pharmaceutical, and technology industries prevailed over U.S. environmentalists' desire for a comprehensive conservation treaty. Enforcement of intellectual property rights at the local level may be difficult in the face of growing defiance by social movements.Less
New global environmental institutions, particularly the Convention on Biological Diversity (CBD) and its Cartagena Protocol on Biosafety, have become staging grounds for resistance to World Trade Organization (WTO) rules and to the market-based management of genetic resources that the WTO supports. The origins, limitations, and conflicts of WTO Trade-Related Aspects of Intellectual Property Rights Agreement are elaborated. In contrast to the WTO, the CBD establishes an arguable basis in international law for taking non-economic criteria into account in biotechnology regulation. It recognizes the sovereignty of states over genetic and other resources within their territories. The U.S. government's commitment to promote the international expansion of its agricultural, pharmaceutical, and technology industries prevailed over U.S. environmentalists' desire for a comprehensive conservation treaty. Enforcement of intellectual property rights at the local level may be difficult in the face of growing defiance by social movements.
Don Rose and Cam Patterson
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9781469625263
- eISBN:
- 9781469625287
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469625263.003.0002
- Subject:
- Business and Management, Innovation
Universities are a rich source of scientific innovations. Translating these innovations into high-impact products and services involves commercialization of the innovation. The Bayh-Dole Act of 1980 ...
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Universities are a rich source of scientific innovations. Translating these innovations into high-impact products and services involves commercialization of the innovation. The Bayh-Dole Act of 1980 gave universities control over the commercialization process. As such, technology transfer offices (TTO) have been established at most universities. Their role is to both protect the innovation through patents and copyrights and license the innovation to an entity for commercialization. Heretofore, most of TTO’s have focused on licensing to large, established companies. Only in recent years have they turned to licensing to startups, many of which are founded by the inventor-faculty. Furthermore, many universities are going beyond licensing to develop programs supporting these faculty-founded startups, with the hope of achieving return on their investment, retaining and recruiting talented faculty, creating jobs, and fulfilling their mission by helping to solve significant problems such as un-met medical needs.Less
Universities are a rich source of scientific innovations. Translating these innovations into high-impact products and services involves commercialization of the innovation. The Bayh-Dole Act of 1980 gave universities control over the commercialization process. As such, technology transfer offices (TTO) have been established at most universities. Their role is to both protect the innovation through patents and copyrights and license the innovation to an entity for commercialization. Heretofore, most of TTO’s have focused on licensing to large, established companies. Only in recent years have they turned to licensing to startups, many of which are founded by the inventor-faculty. Furthermore, many universities are going beyond licensing to develop programs supporting these faculty-founded startups, with the hope of achieving return on their investment, retaining and recruiting talented faculty, creating jobs, and fulfilling their mission by helping to solve significant problems such as un-met medical needs.
Natasha Tusikov
- Published in print:
- 2016
- Published Online:
- September 2017
- ISBN:
- 9780520291218
- eISBN:
- 9780520965034
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520291218.001.0001
- Subject:
- Society and Culture, Technology and Society
On January 18, 2012, millions of people participated in the now-infamous “Internet blackout” to protest the Stop Online Piracy Act and the rights it would have given intellectual property holders to ...
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On January 18, 2012, millions of people participated in the now-infamous “Internet blackout” to protest the Stop Online Piracy Act and the rights it would have given intellectual property holders to shape how people use the Internet. SOPA’s withdrawal was heralded as a victory for an open Internet. However, as Natasha Tusikov documents in Chokepoints: Global Private Regulation on the Internet, rather than accept defeat, a small group of corporations, tacitly backed by the U.S. and other governments, have implemented much of SOPA via a series of secret, handshake agreements among powerful corporations, including Google, PayPal, and Microsoft. This book is the first to explore these agreements. Drawing on extensive interviews with corporate and government officials, Tusikov details the emergence of a new realm of global governance, in which large Internet firms act as global regulators for powerful intellectual property owners like Nike, and raises questions about the threat these new global regimes pose to democratic accountability itself. The book argues that these global regulators are significantly altering the ways in which governments and corporations regulate content and information on the Internet.Less
On January 18, 2012, millions of people participated in the now-infamous “Internet blackout” to protest the Stop Online Piracy Act and the rights it would have given intellectual property holders to shape how people use the Internet. SOPA’s withdrawal was heralded as a victory for an open Internet. However, as Natasha Tusikov documents in Chokepoints: Global Private Regulation on the Internet, rather than accept defeat, a small group of corporations, tacitly backed by the U.S. and other governments, have implemented much of SOPA via a series of secret, handshake agreements among powerful corporations, including Google, PayPal, and Microsoft. This book is the first to explore these agreements. Drawing on extensive interviews with corporate and government officials, Tusikov details the emergence of a new realm of global governance, in which large Internet firms act as global regulators for powerful intellectual property owners like Nike, and raises questions about the threat these new global regimes pose to democratic accountability itself. The book argues that these global regulators are significantly altering the ways in which governments and corporations regulate content and information on the Internet.
Carsten Fink
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199680405
- eISBN:
- 9780191760266
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199680405.003.0023
- Subject:
- Economics and Finance, Macro- and Monetary Economics, Development, Growth, and Environmental
Developed countries, which host the world’s largest creative industries, have been the key advocates for comprehensive minimum standards of protection and enforcement of intellectual property rights ...
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Developed countries, which host the world’s largest creative industries, have been the key advocates for comprehensive minimum standards of protection and enforcement of intellectual property rights (IPRs), the Agreement on Trade-Related Intellectual Property Rights (TRIPS) at the WTO, and TRIPS-plus provisions in their FTAs. By contrast, many developing countries see themselves mostly as consumers of intellectual property and feel stronger standards of protection serve to limit access to new technologies and products and undermine their development prospects. For developing countries and especially middle-income countries, stronger IPRs can bring benefits of increased trade, foreign direct investment, and technology transfer. For small developing economies, stronger IPRs may lead to rent transfers to foreign title holders. Overall, their acceptance by developing countries cannot be explained by expected economic benefits, but has to be understood as a quid pro quo for preferential market access in developed country markets for agricultural and manufactured goods.Less
Developed countries, which host the world’s largest creative industries, have been the key advocates for comprehensive minimum standards of protection and enforcement of intellectual property rights (IPRs), the Agreement on Trade-Related Intellectual Property Rights (TRIPS) at the WTO, and TRIPS-plus provisions in their FTAs. By contrast, many developing countries see themselves mostly as consumers of intellectual property and feel stronger standards of protection serve to limit access to new technologies and products and undermine their development prospects. For developing countries and especially middle-income countries, stronger IPRs can bring benefits of increased trade, foreign direct investment, and technology transfer. For small developing economies, stronger IPRs may lead to rent transfers to foreign title holders. Overall, their acceptance by developing countries cannot be explained by expected economic benefits, but has to be understood as a quid pro quo for preferential market access in developed country markets for agricultural and manufactured goods.
Suzi Mirgani
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9780190859329
- eISBN:
- 9780190942977
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190859329.003.0006
- Subject:
- Political Science, Middle Eastern Politics
This chapter examines some of the challenges faced by GCC nations as they attempt to modernize their economies in the digital era and in the face of substantial technological transformations. In ...
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This chapter examines some of the challenges faced by GCC nations as they attempt to modernize their economies in the digital era and in the face of substantial technological transformations. In order to fit within repositioned international markets geared towards knowledge economies, GCC states need to abide by the many rules and regulations in the area of intellectual property protection that have been developed and dictated by the World Trade Organization and the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Interestingly, even as Gulf governments introduce externally imposed legal systems, they attempt to “domesticate” foreign intellectual property laws to gain a competitive advantage by investing in the production of locally-produced content and promoting niche areas of intellectual property, including the protection of traditional knowledge rights. This is an area generally neglected by industrialized nations that tend to promote the concept of “innovation” rather than promoting and protecting collective knowledge. GCC states are attempting to use intellectual property laws to their own advantage with an emphasis on digital archiving and protection of traditional knowledge, heritage, and folklore. By promoting and protecting locally-produced content, GCC states can aspire to the globalized international economic framework as envisioned by the WTO.Less
This chapter examines some of the challenges faced by GCC nations as they attempt to modernize their economies in the digital era and in the face of substantial technological transformations. In order to fit within repositioned international markets geared towards knowledge economies, GCC states need to abide by the many rules and regulations in the area of intellectual property protection that have been developed and dictated by the World Trade Organization and the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Interestingly, even as Gulf governments introduce externally imposed legal systems, they attempt to “domesticate” foreign intellectual property laws to gain a competitive advantage by investing in the production of locally-produced content and promoting niche areas of intellectual property, including the protection of traditional knowledge rights. This is an area generally neglected by industrialized nations that tend to promote the concept of “innovation” rather than promoting and protecting collective knowledge. GCC states are attempting to use intellectual property laws to their own advantage with an emphasis on digital archiving and protection of traditional knowledge, heritage, and folklore. By promoting and protecting locally-produced content, GCC states can aspire to the globalized international economic framework as envisioned by the WTO.
Janet Blake
- Published in print:
- 2015
- Published Online:
- August 2015
- ISBN:
- 9780198723516
- eISBN:
- 9780191790300
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198723516.003.0007
- Subject:
- Law, Public International Law, Environmental and Energy Law
Chapter 7 looks at Cultural Heritage and Intellectual Property Law. The appropriateness of intellectual property rules for protecting traditional cultural expressions and knowledge are addressed, ...
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Chapter 7 looks at Cultural Heritage and Intellectual Property Law. The appropriateness of intellectual property rules for protecting traditional cultural expressions and knowledge are addressed, with particular attention given to copyright law, patent law, and industrial property rights. The limitations of intellectual property rules for protecting for cultural heritage are identified. The application of intellectual property rules to traditional cultural expressions and knowledge is then examined with regard to both protection afforded by existing intellectual property treaties which are analysed here, and in relation to work that has been undertaken in the World Intellectual Property Organization (WIPO) since 2000 to develop sui generis rules that can afford better protection for traditional cultural expressions and knowledge. To this end, the WIPO Revised Provisions for Protecting Traditional Cultural Expressions (2014) and the WIPO Draft Articles on the Protection of Traditional Knowledge (2014), both in draft form at time of writing, are examined.Less
Chapter 7 looks at Cultural Heritage and Intellectual Property Law. The appropriateness of intellectual property rules for protecting traditional cultural expressions and knowledge are addressed, with particular attention given to copyright law, patent law, and industrial property rights. The limitations of intellectual property rules for protecting for cultural heritage are identified. The application of intellectual property rules to traditional cultural expressions and knowledge is then examined with regard to both protection afforded by existing intellectual property treaties which are analysed here, and in relation to work that has been undertaken in the World Intellectual Property Organization (WIPO) since 2000 to develop sui generis rules that can afford better protection for traditional cultural expressions and knowledge. To this end, the WIPO Revised Provisions for Protecting Traditional Cultural Expressions (2014) and the WIPO Draft Articles on the Protection of Traditional Knowledge (2014), both in draft form at time of writing, are examined.
Justine Pila
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199665105
- eISBN:
- 9780191758881
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199665105.003.0001
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter presents European intellectual property law as a case study in private law harmonisation. It first outlines the international legal framework, which consists of international agreements ...
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This chapter presents European intellectual property law as a case study in private law harmonisation. It first outlines the international legal framework, which consists of international agreements such as the Paris and Berne Conventions and the TRIPS Agreement. Then it sets out some basic features of EU law in the area of intellectual property: its sources, its historical development, the EU competences in this field after the Lisbon Treaty and the impact of European intellectual property law on the law of the member states, in particular the preliminary ruling procedure as provided by Article 267 TFEU.Less
This chapter presents European intellectual property law as a case study in private law harmonisation. It first outlines the international legal framework, which consists of international agreements such as the Paris and Berne Conventions and the TRIPS Agreement. Then it sets out some basic features of EU law in the area of intellectual property: its sources, its historical development, the EU competences in this field after the Lisbon Treaty and the impact of European intellectual property law on the law of the member states, in particular the preliminary ruling procedure as provided by Article 267 TFEU.
Bernard M. Hoekman and Michel M. Kostecki
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780198294313
- eISBN:
- 9780191596445
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829431X.003.0003
- Subject:
- Economics and Finance, International
An account is given of the organizational structure of the WTO (World Trade Organization), which was established as a multilateral trade organization on 1 January 1995 to encompass a modified GATT ...
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An account is given of the organizational structure of the WTO (World Trade Organization), which was established as a multilateral trade organization on 1 January 1995 to encompass a modified GATT (General Agreement on Tariffs and Trade), its sister bodies on services (GATS) and intellectual property (TRIPS), as well as all other agreements and arrangements concluded under the auspices of the Uruguay Round. The sections of the chapter are as follows: Scope, functions and structure of the WTO; Decision‐making; Transparency: notification and surveillance; Accession; The WTO and other international organizations; Nongovernmental actors and the WTO; and Conclusion.Less
An account is given of the organizational structure of the WTO (World Trade Organization), which was established as a multilateral trade organization on 1 January 1995 to encompass a modified GATT (General Agreement on Tariffs and Trade), its sister bodies on services (GATS) and intellectual property (TRIPS), as well as all other agreements and arrangements concluded under the auspices of the Uruguay Round. The sections of the chapter are as follows: Scope, functions and structure of the WTO; Decision‐making; Transparency: notification and surveillance; Accession; The WTO and other international organizations; Nongovernmental actors and the WTO; and Conclusion.
Aaron Perzanowski and Jason Schultz
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780262035019
- eISBN:
- 9780262335959
- Item type:
- book
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262035019.001.0001
- Subject:
- Information Science, Library Science
The digital economy has great potential, but it also entails risks. The notion of personal property and ownership is under threat because of the shift to digital distribution and ubiquitous embedded ...
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The digital economy has great potential, but it also entails risks. The notion of personal property and ownership is under threat because of the shift to digital distribution and ubiquitous embedded software. This book makes a case for the importance of ownership in the digital age. It argues that the rights associated with ownership serve critical functions of promoting cultural preservation and innovation as well as protecting consumer autonomy. Technological developments and the aggressive efforts of IP rights holders, however, are gradually eroding the concept of ownership. There has been a disconcerting trend of courts bypassing the default rules of property law; the rights acquired by consumers through purchase are defined instead by license agreements drafted by IP rights holders or retailers. In addition to license agreements, IP rights holders also employ technological methods such as Digital Rights Management (DRM) to restrict consumer use and protect their intellectual property. The matter is made worse by online retailers’ insufficient disclosure, which frequently uses words like “buy” or “own” to offer false promises of ownership. The loss of personal property rights has serious consequence not just for individual consumers; an important institutional actor – the public library – is also struggling to deal with the shift to digital collections and the corresponding restrictions imposed by IP rights holders. In response to these threats to ownership, the book explores legal as well as technological solutions, and presents a powerful argument for informed consumer choice in the digital marketplace.Less
The digital economy has great potential, but it also entails risks. The notion of personal property and ownership is under threat because of the shift to digital distribution and ubiquitous embedded software. This book makes a case for the importance of ownership in the digital age. It argues that the rights associated with ownership serve critical functions of promoting cultural preservation and innovation as well as protecting consumer autonomy. Technological developments and the aggressive efforts of IP rights holders, however, are gradually eroding the concept of ownership. There has been a disconcerting trend of courts bypassing the default rules of property law; the rights acquired by consumers through purchase are defined instead by license agreements drafted by IP rights holders or retailers. In addition to license agreements, IP rights holders also employ technological methods such as Digital Rights Management (DRM) to restrict consumer use and protect their intellectual property. The matter is made worse by online retailers’ insufficient disclosure, which frequently uses words like “buy” or “own” to offer false promises of ownership. The loss of personal property rights has serious consequence not just for individual consumers; an important institutional actor – the public library – is also struggling to deal with the shift to digital collections and the corresponding restrictions imposed by IP rights holders. In response to these threats to ownership, the book explores legal as well as technological solutions, and presents a powerful argument for informed consumer choice in the digital marketplace.
Ruth L. Okediji
- Published in print:
- 2014
- Published Online:
- May 2014
- ISBN:
- 9780199676743
- eISBN:
- 9780191756283
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199676743.003.0013
- Subject:
- Law, Intellectual Property, IT, and Media Law, Competition Law
This chapter examines the role of the World Intellectual Property Organization (WIPO). It reflects on the WIPO's mandate in an international environment in which competing visions of the IP system ...
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This chapter examines the role of the World Intellectual Property Organization (WIPO). It reflects on the WIPO's mandate in an international environment in which competing visions of the IP system continue to engender challenges to the norms WIPO is tasked to supply and defend. It discusses the WIPO's role in the implementation of the Trade-Related Aspects of Intellectual Property (TRIPS) Agreement, and the WIPO and TRIPS Agreement in relation to public health.Less
This chapter examines the role of the World Intellectual Property Organization (WIPO). It reflects on the WIPO's mandate in an international environment in which competing visions of the IP system continue to engender challenges to the norms WIPO is tasked to supply and defend. It discusses the WIPO's role in the implementation of the Trade-Related Aspects of Intellectual Property (TRIPS) Agreement, and the WIPO and TRIPS Agreement in relation to public health.
Stephen Noakes
- Published in print:
- 2018
- Published Online:
- May 2018
- ISBN:
- 9781526119476
- eISBN:
- 9781526132413
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781526119476.003.0003
- Subject:
- Political Science, International Relations and Politics
This chapter is constituted by a systematic exploration of two transnational advocacy campaigns targeting the Chinese state: the search for justice on behalf of the Falun Gong religious movement, ...
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This chapter is constituted by a systematic exploration of two transnational advocacy campaigns targeting the Chinese state: the search for justice on behalf of the Falun Gong religious movement, banned in China since 1999, and the transnational push to strengthen intellectual property rights in the PRC. In terms of results, these campaigns turned out completely differently. While the IPR protection campaign was welcomed by China’s leaders and witnessed the creation of an extensive if somewhat ineffectual set of institutions geared towards more rigorous enforcement, the campaign for Falun Gong received no such reception, and has not been countenanced in any form by the national government, save for its ongoing effort to exterminate the group from the Chinese mainland. Despite these disparate results, however, both of these cases reflect a pattern of ‘natural’ causality, as neither was incentivized to alter its original mission or message.Less
This chapter is constituted by a systematic exploration of two transnational advocacy campaigns targeting the Chinese state: the search for justice on behalf of the Falun Gong religious movement, banned in China since 1999, and the transnational push to strengthen intellectual property rights in the PRC. In terms of results, these campaigns turned out completely differently. While the IPR protection campaign was welcomed by China’s leaders and witnessed the creation of an extensive if somewhat ineffectual set of institutions geared towards more rigorous enforcement, the campaign for Falun Gong received no such reception, and has not been countenanced in any form by the national government, save for its ongoing effort to exterminate the group from the Chinese mainland. Despite these disparate results, however, both of these cases reflect a pattern of ‘natural’ causality, as neither was incentivized to alter its original mission or message.
