Rising Economies in the International Patent Regime: From Rule-breakers to Rule-changers and Rule-makers

Morin, Jean‐Frédéric; Serrano, Omar; Burri, Mira; Bannerman, Sara

doi:10.1080/13563467.2017.1349086

Cited by 9 publications

(9 citation statements)

References 34 publications

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“…When leading coalitions of developing countries, Brazil and India have taken advantage of the fragmentation present in the IP regime. The proliferation of fora and the multiplication of transnational networks have helped them preserve flexibilities (Morin et al 2018). Thus, minimalist approaches have been sought not just at the TRIPS/WTO but at the WIPO.…”

Section: Features Of the Ip Regime And Adaptation By Emerging Economi...mentioning

confidence: 99%

“…Other international fora where IP and in particular patent-related issues have been discussed include public health, human rights, biological diversity, food and agriculture, climate change, and indigenous knowledge. These efforts have been supported by different types of transnational networks, including NGOs and other types of activists, generic producers, academics and civil servants (Sell and Prakash 2004;Matthews 2011;Morin et al 2018).…”

Section: Features Of the Ip Regime And Adaptation By Emerging Economi...mentioning

confidence: 99%

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TRIPS Implementation in Developing Countries

Serrano¹,

Burri²

2019

The Shifting Landscape of Global Trade Governance

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This chapter sketches future scenarios of TRIPS implementation in developing countries by looking at past experience, current trends and by comparing historical and cross-country patterns. The chapter focuses on the three largest emerging economies -Brazil, India and China (BICs), since they are those with the highest potential to shape the intellectual property regime. Through international contestation, domestic implementation and even novel rule-making, they have been able to ensure that some flexibilities in the implementation of TRIPS remain. Their domestic policies and coalition-building efforts have been followed by many other developing countries. Shifts in the political economies of Brazil and India towards 2025 due to increased patenting and rise in innovation could mean that they will calibrate or even drop their opposition to TRIPS. China will likely be an innovation giant by then and eager to join the club of proponents of strong and enforceable intellectual property (IP) rights. In the area of access and benefit sharing of genetic resources and related traditional knowledge (ABS), the BICs are likely to remain opposed to stringent IP, and could even become active rule-makers. A degree of homologation between the TRIPS and the Nagoya Protocol, which has codified ABS, appears likely. In general, access to health, as one of the typically contentious domains of IP law and policy, is likely to remain a hotly debated issue. Challenges to pharmaceutical patents by developing countries that use TRIPS flexibilities will continue, as will the efforts by industrialized countries to constrain the available flexibilities through bilateral and regional trade agreements. Overall, the domain of IP law and policy is likely to remain complex and dynamic, with different interests colliding. This may reduce the chances of new multilateral law-makingfor instance in the area of substantive patent law, while increasing the chances of new rule-making through domestic practice by BICs in the shadow of the TRIPS.

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Section: Features Of the Ip Regime And Adaptation By Emerging Economi...mentioning

confidence: 99%

Section: Features Of the Ip Regime And Adaptation By Emerging Economi...mentioning

confidence: 99%

TRIPS Implementation in Developing Countries

Serrano¹,

Burri²

2019

The Shifting Landscape of Global Trade Governance

Self Cite

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“…Among the three roles, Benoliel and Salama () expects that the emerging powers are more likely to be adaptive managers who assimilate and adapt to international IP standards set by the developed countries than regulatory innovators reforming the international IP order. Such assimilation and adaptation (or least the ambiguity about whether to assimilate and adapt) may happen because the proliferation of inter‐governmental fora and the extension of transnational networks have led to a fragmented and polarized environment for emerging powers to set their own regulatory standards for IP (Morin, Serrano, Burri, & Bannerman, ). Nonetheless, China is sometimes considered an outlier of the emerging powers and findings of the role of emerging powers in global IP governance may not apply to China.…”

Section: Introductionmentioning

confidence: 99%

“…environment for emerging powers to set their own regulatory standards for IP (Morin, Serrano, Burri, & Bannerman, 2017). Nonetheless, China is sometimes considered an outlier of the emerging powers and findings of the role of emerging powers in global IP governance may not apply to China.…”

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confidence: 99%

China engages with the global intellectual property governance: The recent trend

Cheng

2019

World Intellectual Property

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As China becomes the second largest economy in the world, there have been increasing domestic demands requesting China to engage with the global governance of various issues more closely. In intellectual property (IP), China has recently engaged with global IP governance both responsively and actively. This paper answer the questions (a) how did China respond to the global IP up‐ratchet which sets higher IP standards; and (b) how did China actively promote its agenda for the global IP governance. This paper argues that China has a clearer and more consistent position in its responsive engagement than in active engagement. In other words, China is more affirmative in making defensive coalitions opposing TRIPS‐plus standards proposed by developed countries than promoting its own IP initiatives regionally or plurilaterally. China's positions in these defensive coalitions are the classic pro‐development, developing country positions. Its active IP engagement is more diversified. Specifically, China keeps a low profile and does not attempt to take the lead in IP negotiations at the Regional Compressive Economic Partnership. By contrast, China has emerged as a model exporter, focusing on IP capacity building in its IP arrangements in the Belt and Road Initiative (BRI) and BRICS.

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“…Developed states, especially the U.S., are considered maximalists (Sell 2010b). However, domestic factors which can complicate this dichotomy are often marginalized (Morin et al 2018). The U.S. hosts an economically and politically power industry which benefits from less stringent copyright protections.…”

Section: Introductionmentioning

confidence: 99%

Business conflict and international law: The political economy of copyright in the United States

Cartwright

2019

Regulation & Governance

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The internet industry has emerged as an important economic and political actor, both within the United States and internationally. Internet companies depend on exceptions from copyright law in order to operate. As a result, internet companies have considerable incentive to try and influence international copyright law. However, the current literature has neglected the role of the internet industry, instead focusing on the influence of copyright owning media companies. This has largely homogenized the concerns of business interests, neglecting the interests of business actors which do not favor stricter copyright protection. By examining business conflict over recent copyright initiatives by the United States, this article criticizes the literature. It illustrates that the internet industry has been able to alter the negotiating preferences of the United States against the wishes of copyright owners. This argues against the homogenization of business interests regarding copyright while illustrating the importance of material over discursive factors in determining political outcomes.

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Rising Economies in the International Patent Regime: From Rule-breakers to Rule-changers and Rule-makers

Cited by 9 publications

References 34 publications

TRIPS Implementation in Developing Countries

TRIPS Implementation in Developing Countries

China engages with the global intellectual property governance: The recent trend

Business conflict and international law: The political economy of copyright in the United States

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