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Policy space for intellectual property management: contrasting multilateral and regional-bilateral arrangements

Shadlen, Kenneth C. (2008) Policy space for intellectual property management: contrasting multilateral and regional-bilateral arrangements. Econômica, 10 (2). pp. 55-81. ISSN 1517-1302

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Abstract

Global governance in intellectual property (IP) has changed dramatically in the last two decades. What was once principally an instrument of national policy is now increasingly subject to international disciplines. I contrast the new restrictions placed on IP management that developing countries accept as parties to the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) with the constraints they face as members of Regional and Bilateral Trade Agreements (RBTAs) with the United States. I highlight the areas where countries retain opportunities for policy innovation despite their WTO obligations and provide examples of how some countries have introduced and retained measures that tailor IP management to local conditions and needs, all while meeting the new TRIPS obligations. Moreover, I show how these opportunities are circumscribed by RBTAs across all dimensions of patent policy, countries that are parties to such RBTAs have significantly less autonomy in their management of IP. In sum, the proliferation of RBTAs presents the greatest threat to countries’ capacities to manage IP for development objectives.

Item Type: Article
Official URL: http://www.uff.br/cpgeconomia/economica.htm
Additional Information: © 2008 Universidade Federal Fluminense. Pós-Graduação em Economia
Library of Congress subject classification: T Technology > T Technology (General) > T201 Patents. Trademarks
Sets: Departments > International Development
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 11 Jan 2012 10:19
URL: http://eprints.lse.ac.uk/41304/

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