Ghafele, Roya (2010): Can intellectual property diplomacy be more than war by other means? Published in: Oxford Journal on Intellectual Property Law and Practice , Vol. 3, No. 5 (2010): pp. 200-201.
Download (300Kb) | Preview
Through the TRIPS Agreement, imitation as a development strategy has been ruled out and developing countries are left with two alternatives: To either buy expensive foreign technology, promote the transfer of technology or to develop their own technology. Any other approach to use technological innovation as an engine of growth has been made void through the TRIPS Agreement. Thus, the TRIPS Agreement, which has been in force since 1995, has not only been the most important multilateral instrument for the internationalization of intellectual property law, but also a tool for the Globalization of technology. By studying the dynamics of the implementation of the TRIPS Agreement Deere it is found that many developing countries adopted more stringent intellectual property laws than necessary. This book review documents the political dynamics that led to such outcomes and departs from an understanding that more stringent intellectual property laws prevent development because domestic innovators are not sufficiently protected from international competition. It therefore seems stunning that during the implementation phase of the TRIPS Agreement many developing nations have not acted in the best of their own interest, but adopted intellectual property regimes that serve more the interests of the developed world than of their own people.
|Item Type:||MPRA Paper|
|Original Title:||Can intellectual property diplomacy be more than war by other means?|
|Keywords:||TRIPS Agreement, Developing Countries, Implementation,|
|Subjects:||F - International Economics > F1 - Trade > F13 - Trade Policy; International Trade Organizations|
|Depositing User:||Roya Ghafele|
|Date Deposited:||29. Mar 2012 15:06|
|Last Modified:||20. Feb 2013 21:52|
C. Deere, “The Implementation Game: the TRIPS Agreement and the Global Politics of Intellectual Property Reform in Developing Countries”, Oxford University Press (2009): Oxford
C. von Clausewitz, “War is politics by other means”, In: The most important principles of the art of war to complete my course of instruction for his Royal Highness the Crown Prince, (1812) Translated and edited by Hans W. Gatzke as "Principles of War, (1942), The Military Service Publishing Company
S. K. Sell, “Multinational corporations as agents of change: The Globalization of intellectual property rights,” (1999) in A. Cutler, V. Haufer and T. Porter (ed.) Private authority and International Affairs, Albany: State University of New York Press, pp. 169-197; S. K. Sell & C.
May: “Moments in law: contestation and settlement in the history of intellectual property,“ (2001) Review of International Political Economy 8 , pp. 467 – 500 TRIPS book reviews. IP Kat, 24.8.2009, http://ipkitten.blogspot.com/2009/08/trips-book-reviews.html
J. Stiglitz, ”Globalization and its Discontents.” Allen Lane (2002): London, P. Drahos, “Global Property Rights in Information: The Story of TRIPS at the GATT”, (1995) Prometheus, 13/ 1, pp. 6-19,
F. Beier & G. Schicker, “ From GATT to TRIPS: The Agreement on Trade Related Aspects of Intellectual Property Rights.” Studies in Industrial Property and Copyright Law. Weinheim Press (1996): New York ;
D. Matthews, “Globalising Intellectual Property Rights: The TRIPS Agreement.” Routledge (2002): London, S. Stewart, “Intellectual Property Protection and Antitrust in the Developing World: Crisis, Coercion, and Choice”, (1995) International Organization 49/ 2, pp. 315-349,
E. Wolfhard, “International Trade in Intellectual Property: The Emerging GATT Regime,” (1991) University of Toronto Faculty of Law Review, 49/1, pp. 339-65
R. Koselleck & W. D. Stempel, (ed.)“ Geschichte―Ereignis und Erzählung.“ Fink (1973): Muenchen