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Begin New Search Topic Intellectual Property/Copyright Political Geography Global Focus

1. Breaking Barriers: The Link between Stronger IPRs and Trade in Services

Author:
Olena Ivus
Publication Date:
05-2024
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
As innovation becomes more prevalent and systematically integrated into service industries, service firms increasingly turn to intellectual property rights (IPRs) as a means of safeguarding their intellectual assets. The reliance on these legal rights becomes even more pronounced when service companies endeavour to expand their global reach and tap into international markets where the protection of IPRs is relatively weak, and imitation is more widespread. Disparities in the level of IPRs protection and enforcement across countries can pose significant barriers to cross-border trade and investment in service sectors where the safeguarding of intellectual property (IP) is fundamental. The risk of IP infringement and the limited protection afforded to patents, copyrights and trademarks in certain countries can discourage the expansion of businesses into these markets, limiting the overall growth and accessibility of services in those areas. This paper studies the relationship between trade in services and the strength of IPRs protection at the international level. More specifically, it uses data for 94 countries over the period of 1990–2010 to put forward new empirical evidence about the impact of global strengthening of IPRs protection on cross-border trade in services.
Topic:
Intellectual Property/Copyright, Investment, Trade, and Protection
Political Geography:
Global Focus

2. Patents, Pandemics, and the Private Sector: The Battle Over Public Health Norms During COVID-19

Author:
Vartika Neeraj
Publication Date:
05-2022
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
The COVID-19 pandemic has revealed the influence that private pharmaceutical companies and philanthropic foundations have on global health governance. Private actors have been able to maintain the norm of intellectual property rights, despite opposition from developing countries and growing opposition from powerful actors in developed countries. This article examines how private actors have wielded their material resources, expert authority, and discursive powers to overrule the wishes of governments. It concludes by exploring the public health consequences of their growing hold on international governance and offers some policy recommendations to mitigate distorted public health outcomes.
Topic:
International Relations, Intellectual Property/Copyright, International Development, Public Health, Vaccine, and COVID-19
Political Geography:
Global Focus

3. Difficult Debate on an Intellectual Property Protection Waiver to Fight COVID-19

Author:
Szymon Zaręba
Publication Date:
01-2022
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
The negotiations currently taking place at the WTO on the suspension of, among others, patent protection for vaccines and medicines against COVID-19, are at a standstill. This creates a risk of widening the rift between developing countries, which mostly support the idea, and some developed countries, which oppose it. It also makes it more difficult to increase the supply of patented items, particularly of vaccines, to an extent undermining other efforts by countries and international organisations to contain the pandemic. It is in the interest of Poland and the EU to overcome this impasse.
Topic:
Intellectual Property/Copyright, European Union, Vaccine, COVID-19, and WTO
Political Geography:
Europe, Poland, and Global Focus

4. Filtering and Site Blocking: Necessary Reforms for the Digital Marketplace

Author:
Steven Tepp
Publication Date:
09-2021
Content Type:
Policy Brief
Institution:
Hudson Institute
Abstract:
Business models and technology have changed dramatically since the 1990s; nowhere more so than online. Those changes, alongside some key judicial decisions, have distorted the operation of the US copyright law provision specifically designed to address online copyright infringement. Today, even a platform that knows that 80 percent of what it hosts are unlicensed copyrighted works, it can be shielded from accountability by the safe harbors in the Copyright Act. Copyright owners are left to send millions of takedown requests with little actual effect on piracy. This, along with other factors, led the US Copyright Office to conclude that the cooperative environment the law was meant to create has not and will not be realized without amending the law. And while dozens of other countries have successfully adopted measures to address online infringement from beyond their borders, the United States has not acted to implement similar procedures.
Topic:
Intellectual Property/Copyright, Law, Reform, and Criminal Justice
Political Geography:
Global Focus

5. The Value of Cellular Technology

Author:
Urška Petrovčič and Kirti Gupta
Publication Date:
10-2021
Content Type:
Policy Brief
Institution:
Hudson Institute
Abstract:
Cellular technologies, such as those embodied in the third generation (3G), fourth generation (4G), and fifth generation (5G) of cellular standards, have provided the foundation for a thriving mobile ecosystem that has benefited consumers and businesses all over the world. In the past 20 years, the number of mobile connections has grown almost 10-fold, reaching an ever-growing percentage of the global population. In 2017, the number of mobile connections surpassed the number of people on the planet. In 2019, mobile technologies and services added $4.8 trillion of economic value to the global economy, and the mobile ecosystem employed (directly and indirectly) 30 million people. Although cellular technology has already transformed all facets of our society, the deployment of 5G will bring even broader and more radical changes. By connecting everything and everywhere, 5G will help us realize the full potential of connectivity and usher in the era of smart transportation, smart cities, smart factories, and smart homes. The new products and services enabled by 5G will change all aspects of our daily life, such as health care, energy, agriculture, automotive, manufacturing, and retail, among others. This will not only benefit consumers and businesses, but society as a whole. Cellular technologies are central to this revolution. Without advances in the cellular space, none of the economic and societal benefits we see in the connected world would be possible. Therefore, it is important to understand how cellular technologies are developed and deployed, and what impact they have on the economy and on society more broadly. It is also important to understand why fairly compensating cellular innovators is essential to maintain a sustainable system where new technologies can be developed and brought to consumers.
Topic:
Science and Technology, Intellectual Property/Copyright, Law, Criminal Justice, and 5G
Political Geography:
Global Focus

6. How IP Rights Keep Markets Free

Author:
Jonathan M. Barnett
Publication Date:
06-2021
Content Type:
Policy Brief
Institution:
Hudson Institute
Abstract:
It is elementary that secure protection of property rights is a necessary precondition for efficient markets that drive economic growth. Yet this principle is not always recognized in the case of markets for intangible goods. Rather, intellectual property rights are often characterized as a monopoly franchise that stands at odds with free-market competition. Following this view, IP rights at best provide a justifiable means to incentivize innovation but are prone to abuse by incumbents seeking to block entrants. This standard narrative overlooks an inconvenient fact. As I show in a new book, Innovators, Firms, and Markets: The Organizational Logic of Intellectual Property, incumbents and other large firms in US technology markets have regularly advocated against stronger forms of patent protection and, in certain industries, have resisted patent protection entirely. This lobbying strategy poses a puzzle: Why would dominant firms resist the opportunity to operate under the umbrella of a legal monopoly? This policy memo analyzes the counterintuitive IP policy preferences of large technology firms and, in resolving this apparent anomaly, shows that patents tend to enhance competitive intensity by enabling idea-rich but capital-poor innovators to challenge idea-poor but capital-rich incumbents. Contrary to widespread assumptions, IP rights are far closer to the familiar property rights that support tangible goods markets rather than the monopoly grant to which they are often (and misleadingly) analogized. These insights, which are based on over a century’s worth of US innovation history, raise significant concerns about the IP-skeptical trajectory that policymakers have pursued since the mid-2000s.
Topic:
Markets, Intellectual Property/Copyright, Law, and Criminal Justice
Political Geography:
Global Focus

7. TRIPS-Past to TRIPS-Plus: Upholding the Balance between Exclusivity and Access

Author:
James Bacchus
Publication Date:
06-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
A deadly global pandemic and other unique circumstances have combined to present the World Trade Organization (WTO) with an opportunity to modernize its rules for the trade-related aspects of intellectual property (IP) rights. The best place to begin is with a full realization of the negotiated balance between exclusivity and access in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). There is the need to turn the “TRIPS-past” of WTO IP rules agreed in 1995 into the “TRIPS-plus” of improved rules more fit to purpose for the twenty-first century. New rules are needed to help spark new innovations of all kinds and the rapid spread of those innovations worldwide, including rules relating to intangible assets and especially to digital expressions of IP. Continuing questions over the extent to which the TRIPS Agreement protects the exclusivity of IP rights in COVID-19 vaccines underscore how much uncertainty remains about where the line of this balance is in this multilateral trade agreement, and also how much doubt still exists about whether that line is in the right place.
Topic:
International Cooperation, International Trade and Finance, Intellectual Property/Copyright, Multilateralism, Pandemic, COVID-19, and WTO
Political Geography:
Global Focus

8. A Crucial Link: Using Intellectual Property to Inform Global Supply Chain Policy

Author:
Philip C. Rogers
Publication Date:
08-2021
Content Type:
Policy Brief
Institution:
University of California Institute on Global Conflict and Cooperation (IGCC)
Abstract:
The COVID-19 pandemic, coupled with trade tensions and technological competition between the United States and China, have severely disrupted global supply chains. As businesses and policymakers grapple with “building back better” in a tense trade environment, they face the dilemma of balancing the traditional benefits of global production with the security demands of new geopolitical realities. This policy brief, part of a series on great power competition, highlights the productive role that intellectual property (IP) can play in navigating supply chain disruptions resulting from great power competition in a post-pandemic world. Rather than reinforcing the vicious cycle of techno-nationalist confrontation, it is possible for businesses and policymakers to promote virtuous cycles of competition with a more robust focus on intellectual property. Specifically, businesses and policymakers can look to IP licensing and allocation of rights to play a key role in tariff mitigation strategies and supply chain restructuring. At the same time, competitive pressures can lead to enhanced IP regimes in China and other economies, which argues for a more nuanced discussion of supply chains beyond physical relocation and economic decoupling.
Topic:
National Security, Intellectual Property/Copyright, Innovation, Strategic Competition, COVID-19, Supply Chains, and Geoeconomics
Political Geography:
China, Global Focus, and United States of America

9. Quantifying Trade Secret Theft: Policy Implications

Author:
Dan Ciuriak and Maria Ptashkina
Publication Date:
05-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
Trade secret theft is estimated to cost hundreds of billions of dollars annually. As a result, governments worldwide are developing legislation to mitigate these losses. This paper looks at the growing importance of trade secrets globally, corporations’ responsibilities to protect their trade secrets and how trade secret theft occurs (for example, through cybertheft or personnel movement between companies). The authors argue that protecting intellectual property rights must not come at the expense of the innovation-intensive economy.
Topic:
Security, Intellectual Property/Copyright, Trade, and Trade Policy
Political Geography:
Global Focus

10. A Legal Analysis of Making Copyrighted Works Available Online During the Coronavirus Crisis

Author:
Steven Tepp
Publication Date:
08-2020
Content Type:
Working Paper
Institution:
Hudson Institute
Abstract:
The Internet Archive (“IA”) began operation in 1996, at first making archival copies of websites, but soon offering those to the public and then expanding to other copyrighted works including books, sound recordings, audiovisual works, graphic arts (still images), and software, without regard to their copyright status and generally without licenses. It positions itself as an online version of a library and has offered free access to the materials it copies, albeit limiting users to one-for-one use of its copies: one copy may only be used by one account at a time.2 At the time of this writing, efforts to limit the spread of the coronavirus have resulted in “stay at home” orders in over forty states, covering more than ninety percent of the U.S. population.3 Similarly, educational institutions at all levels have closed their physical spaces and are trying to carry on via distance education. For many, including this author, the current situation was unimaginable only a couple of months ago. By any measure, this is an extreme set of circumstances.
Topic:
Intellectual Property/Copyright, Internet, Criminal Justice, and Coronavirus
Political Geography:
Global Focus