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Download The Implementation Game: The TRIPS Agreement and the Global by Carolyn Deere PDF

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By Carolyn Deere

With the release of the area exchange association (WTO) in 1995, its contract on Trade-Related features of highbrow estate Rights (TRIPS) emerged as an emblem of coercion in overseas monetary relatives. within the decade that undefined, highbrow estate grew to become probably the most contentious themes of world coverage debate. The Implementation video game is the 1st full-length research of the politics surrounding what constructing nations did to enforce journeys and why. in response to a evaluate of the facts from 1995 to 2007, this publication emphasizes that constructing international locations exhibited substantial edition of their method of journeys implementation. specifically, constructing nations took various levels of good thing about the criminal safeguards and options-commonly often called journeys 'flexibilities'--that the contract offers. to give an explanation for this alteration, The Implementation online game argues that journeys implementation needs to be understood as a posh political video game performed out between constructing kingdom governments and various stakeholders-developed nations, non-governmental firms (NGOs), intergovernmental businesses (IGOs), and teams. The contested nature of the journeys cut price spurred competing efforts to revise the phrases of journeys and to persuade international IP legislation extra greatly. The depth of the implementation video game was once amplified by means of an understanding one of the quite a few stakeholders that the IP reforms constructing international locations pursued could impact those ongoing foreign negotiations. The e-book attributes the adaptation in journeys implementation to the interaction among those worldwide IP debates, foreign energy pressures, and political dynamics inside of constructing international locations, and contains historic research, compilations of proof, and research supported by means of examples from around the constructing global. The Implementation online game could be of curiosity either to students of diplomacy, legislations, and foreign political economic climate in addition to to policymakers, commentators, and activists engaged in debates at the worldwide governance of highbrow estate.

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

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See Abbott and Correa (2007). Also see discussion on accessions in Chapter 5. Maskus (2000a). Musungu and Oh (2006). Correa (2007a). This figure was calculated by the author on the basis of studies by Love (2007), Oh (2006), Khor (2007), and Yoke Ling (2006), and a review of news reports until December 2007. For further discussion, see Chapter 6. The tensions about the appropriate methodology for assessing and measuring the degree of IP protection and enforcement are discussed in Ginarte and Park (1997), Lee and Mansfield (1996), Mansfield (1994), Ostergard (2000), Primo Braga and Fink (2000: 39), Shadlen et al.

The importance of this point for the examination of compliance with TRIPS was made by Gerhart (2000) in response to the managerialist literature on compliance 31 The Implementation Game 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 32 exemplified by the work of Chayes and Chayes (1993), Downs (1998), and Downs et al. (1996). Gerhart (2000). For contributions exploring the interaction of national and international factors, see Evans et al. (1993), Gourevitch (1978), Moravscik (1993), and Putnam (1988).

It also does not attempt to assess or affirm the various claims by stakeholders regarding potential or actual impacts. Given the broad scope of TRIPS and the vast array of debates on global IP regulation, I devote most attention to issues of copyright, patents, and plant variety protection, which were the areas where IP debates were most consistent and intense both during and post the TRIPS negotiations. By contrast, IP laws related to integrated circuits, geographical indications, and trademarks are not taken up in detail.

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