The Implementation Game: The TRIPS Agreement and the Global Politics of Intellectual Property Reform in Developing Countries

The Implementation Game: The TRIPS Agreement and the Global Politics of Intellectual Property Reform in Developing Countries

by Carolyn Deere
     
 

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ISBN-10: 0199587477

ISBN-13: 9780199587476

Pub. Date: 08/15/2011

Publisher: Oxford University Press

The fight between North and South over intellectual property (IP) reached new heights in the 1990s. In one corner, large multinational companies and developed countries sought to protect their investments. Opposing them, developing countries argued for the time and scope to pursue development strategies unshackled by rules forged to bolster the competitiveness of

Overview

The fight between North and South over intellectual property (IP) reached new heights in the 1990s. In one corner, large multinational companies and developed countries sought to protect their investments. Opposing them, developing countries argued for the time and scope to pursue development strategies unshackled by rules forged to bolster the competitiveness of richer countries. The result was the 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 many of the poorest countries have made least use of the room for manouevre, despite securing some extra concessions.

Product Details

ISBN-13:
9780199587476
Publisher:
Oxford University Press
Publication date:
08/15/2011
Edition description:
Reprint
Pages:
432
Product dimensions:
6.10(w) x 9.10(h) x 1.10(d)

Table of Contents

List of Figure and Tables xi

List of Abbreviations xiii

1 The TRIPS Implementation Game: A Fight for Ideas 1

1.1 An Introduction to the Politics of IP and TRIPS 5

1.2 Variation in TRIPS Implementation 12

1.3 Existing Literature and Popular Narratives 14

1.4 Explaining Variation in TRIPS Implementation 17

1.5 Why This Book Matters 21

1.6 Methods and Sources 24

1.7 Scope 25

2 Developing Countries in the Global IP System 34

2.1 The Colonial Era: Variation and External Control 34

2.2 The Post-colonial Era: Reform and Resistance 37

2.3 The Counteroffensive for Stronger IP Protection 46

2.4 Implementation Amidst Contestation 56

3 Variation in TRIPS Implementation (1995-2007) 64

3.1 The TRIPS Outcome 64

3.2 Variation in the Timing of TRIPS Implementation 70

3.3 Variation in IP Standards and Use of TRIPS Flexibilities 74

3.4 A Typology of Variation 97

3.5 An Economic Explanation? 99

3.6 The Case for Political Analysis 104

4 Post-TRIPS Tensions and Global IP Debates 113

4.1 The Push for TRIPS-Plus 114

4.2 The Resurgence of Developing Country Confidence 118

4.3 Growing Complexity in the Global IP System 129

4.4 Expanding Teams of Players 133

4.5 Conclusion 142

5 International Pressures on Developing Countries 150

5.1 Economic Pressure 151

5.2 Resistance and Retaliation 164

5.3 Ideational Power 167

5.4 Capacity building 180

5.5 Conclusion 186

6 The Developing Country Dimension: How National Politics Mattered 196

6.1 Government Capacity on IP Decision-Making 197

6.2 Public Engagement 205

6.3 Government Coordination 211

6.4 Mini Studies of Variation 220

6.5 Conclusion 232

7 TRIPS Implementation inFrancophone Africa 240

7.1 IP Reforms in the Poorest Countries: Expectations and Reality 243

7.2 From Colonization to the Revised Bangui Agreement 245

7.3 The Revised Bangui Agreement 252

7.4 The Bangui Revision Process 260

7.5 Capacity-building and Delegation in a Policymaking Vacuum 278

7.6 Conclusion 286

8 The Implementation Game and the Variation Puzzle 303

8.1 Global IP Politics 304

8.2 International Pressures 305

8.3 The National Dimension 309

8.4 Further Findings on Variation 315

8.5 Developing Countries in Evolving Global IP Debates 316

8.6 A Development-Oriented IP Agenda 320

Appendices

1 Selection of interviews 325

2 Timeline of international IP agreements 330

3 Examples of increase in IP standards in developing country WTO members from 1988 to 2007 331

4 Variation in use of copyright flexibilities by selected developing country WTO members in the Asia-Pacific 333

5 Examples of developing countries with bilateral agreements that include IP provisions 335

6 Variation in TRIPS-plus provisions of selected U.S. FTAs 338

7 U.S. Special 301 pressure on developing country WTO members and WTO disputes filed (1995-2007) 341

Bibliography 343

Index 396

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