The legal implementation of internationally agreed norms on a domestic level gives momentum to a substantial reinterpretation. Based on this insight, this article develops an ideal-typology of possible 'localization' outcomes. Apart from a literal adoption of an international norm, we show that the domestic implementation may change its emphasis (accentuation), amend it by supplementary purposes (addition), or imply a deviation which nevertheless sticks to the letter of the international wording (subversion). We argue that the specific form of localization depends on the interaction between international pressure politics and its congruence with the prevailing domestic public and private preferences. International power constellations explain why an international norm is implemented, but the specific character of its localization is mainly determined by domestic actor constellations. To substantiate our claims, we analyze the implementation of two interconnected international agreements in India and Brazil. While both the Convention on Biodiversity and the Agreement on Trade Related Aspects of Intellectual Property Rights introduce the norm of property rights for intellectual knowledge in previously (at least internationally) unregulated fields, the particular characteristics of their respective implementation in both countries display the interaction between international pressure and domestic preferences in our four case studies.
For almost 30 years, industrialised, emerging and developing countries negotiate on a substantive patent law harmonisation under the umbrella of the World Intellectual Property Organization (WIPO). Although a common approach or at least some vague outlines of common ground seem beyond reach, all participants regularly agree on a continuation of the discussion process. Despite an incessant wheeling and dealing among delegates and WIPO officials, the only effect is that discussions still keep going on. In our paper, we draw on a synthesis of both neo-mercantilist and liberal institutionalist insights in order to explain the vibrant stalemate of substantive patent law harmonisation talks. We argue that WIPO's involvement in the negotiation process offers an incentive structure for states to continue negotiations even when a successful conclusion appears rather improbable or downright undesirable. WIPO officials do not necessarily oppose the alternative deployment of their resources and services, because national negotiators' tactics at least partially coincide with their own interests. The paper concludes with a summary of the major results and a discussion on their potential empirical and theoretical relevance for further studies.
For more than a decade, political science scholars have stressed the harmonizing effect of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). Recent implementation practices in developing countries, however, have challenged this view. In this article, I argue that different manifestations of innovation systems can lead to varying patterns of innovation. I substantiate this claim through a comparison between the pharmaceutical sectors of India and Brazil. Drawing on the NSI approach, my analysis reveals that different forms of state engagement have played a decisive role for the varying directions of post-TRIPs pharmaceutical innovation in the two countries. The article illustrates that developing countries can opt for different approaches to innovation even after TRIPs and that the socioeconomic effects of global IP regimes can only be assessed properly when taking into account the country-specific configurations of national innovation systems.
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