The International Politics of Intellectual Property
The International Politics of Intellectual Property PSC 2224
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This 2 page Class Notes was uploaded by Kerrigan Unter on Monday October 19, 2015. The Class Notes belongs to PSC 2224 at George Washington University taught by in Fall 2015. Since its upload, it has received 9 views. For similar materials see Policy in the Cyber Age in Political Science at George Washington University.
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Date Created: 10/19/15
PSC 2224 The International Politics of Intellectual Property International Law international law sits above national law in theory it is superior to it in practice two kinds of international law 0 Soft law human rights treaties environmental treaties no enforcement or direct sanctions for violation most international laws 0 Hard law mainly treaties that involve enforcement mechanisms trade treaties that require arbitration failure to abide by rules directly results in sanctions International Institutions Paris Convention Patents 1883 Berne Convention Copyright 1886 Universal Copyright Convention Copyright 1952 defunct nternationa Union for the Protection of New Varieties of Plants 1961 World Intellectual Property Organization WIPO 1967 0 Part of the World Trade Organization agreement 0 Incorporates elements of Paris and Berne conventions 0 Hard Iaw enforceable via sanction 0 Sets minimum standards for all WTO members Agreement on Trade Related Aspects of Intellectual Property Rights TRIPS 1995 WPO Internet Treaties 1996 copyright on the internet Linking Intellectual Property to Trade intellectual property used to be a largely technical issue in the 19805 a group of powerful business linked to Intellectual Property trade manages to get intellectual property in the negotiations that would form the WTO WTO Accession when new countries want to join WTO obviously must meet minimum standards however since current members must approve new members they can require new members to meet higher standards or they can get new members to commit to preferred interpretations of current provisions these higher standards are called quotTRIPSplus current developed countries had weaker intellectual property systems in the past but current developing countries don t have the options to have weaker laws must me current minimum standards which are actually quite high Enforcement WTO dispute settlement disputes between WTO members are brought to a panel pane consists ofjudges from other WTO members pane renders a decision if the losing members fails to respect the decision the winning member is allowed to impose trade sanctions usualy takes the form of punitive tariffs winner is allowed to tax imports from loser at a high rate puts pressure on the loser to reform however this also increases the cost of the winner s imports which harms the winner when a trade relationship is heavily lopsided WTO realities over 400 disputes initiated no African country has ever initiated a dispute only one leastdeveloped country has ever initiated The us and EU together responsible for initiating over 40 of disputes the US and EU has also been the defendant in 40 of disputes 7 o the top 11 most frequent plaintiffs are developing countries Bilateral between two countries trilateral between three countries Negotiation Power some negotiation takes place but the agreements largely look the same the US is able to get significant concessions in area like intellectual property from bilateral partners US sets the standards and other country has to agree if they want the trade agreement Enforcement binding arbitration many trade agreement allow private companies to directly sue governments for perceived violations