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1. International Intellectual Property after the New NAFTA

Author:
Jeremy de Beer
Publication Date:
01-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The Canada-United States-Mexico Agreement (CUSMA) is the new high-water mark in international intellectual property (IP) law. CUSMA includes most of the Trans-Pacific Partnership provisions that were suspended in the Comprehensive and Progressive Trans-Pacific Partnership, except for a few pharmaceutical-related provisions amended after signing. Canada will be required to make meaningful changes to domestic IP laws, including copyright term extension, criminal penalties for tampering with digital rights management information, restoration of patent terms to compensate for administrative and regulatory delays, broader and longer protection for undisclosed testing data and other data, new civil and criminal remedies for the misappropriation of trade secrets, and additional powers for customs officials to seize and destroy IP-infringing goods.
Topic:
International Trade and Finance, Regional Cooperation, Intellectual Property/Copyright, NAFTA, and USMCA
Political Geography:
United States, Canada, North America, and Mexico

2. Ensuring Respect for Indigenous Cultures: A Moral Rights Approach

Author:
Brigitte Vézina
Publication Date:
05-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
From commercials to movies to fashion, Indigenous artworks have been misused in ways that are offensive to the artists who created them and disrespectful of the cultures that inspired them. Using Indigenous traditional cultural expressions (TCEs) without acknowledging their sources or providing financial compensation to the artists undermines the TCEs' traditional value and amounts to cultural theft. This paper looks at protecting TCEs using copyright's moral rights approach, which provides intellectual property protection based on acknowledgement, respect and integrity.
Topic:
Arts, Intellectual Property/Copyright, Culture, and Indigenous
Political Geography:
Canada and North America

3. 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

4. Does Change in Intellectual Property Rights Induce Demand for Skilled Workers? Evidence from India

Author:
Pavel Chakraborthy and Prachi Gupta
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
Economic Research Institute for ASEAN and East Asia (ERIA)
Abstract:
Do incentives to innovate create demand for skilled workers more than proportionately? We study the question using the implementation of the Patent (Amendment) Act in India in 2002 to comply with the Trade-Related Intellectual Property Rights agreement. We find, first, stronger intellectual property protection has a sharper impact on demand for skilled workers for high patentable industries. Demand for skilled workers increased by 0.5%–2.9% for industries that are more patentable. The average compensation for skilled workers went up by 10% in high patentable industries but decreased for unskilled workers by about 2%. Second, the increase in wage inequality can partly be attributed to the increase in wages rather than incentives. Third, the increase in demand for skilled workers is due to both the increase in intensive margin (or price) and extensive margin (number). Fourth, the aggregate effect is completely driven by industries producing intermediate goods and big plants. Finally, the reforms led to a significant reallocation of resources between industries. The high patentable industries invested more in technology adoption, started to produce more product varieties at higher quality, and filed for more product patent claims. Broadly, we demonstrate that stronger intellectual property protection leads to higher wage inequality between industries.
Topic:
Science and Technology, Labor Issues, Intellectual Property/Copyright, and Skilled Labor
Political Geography:
India and Asia

5. HKS Faculty Research Working Paper Series

Author:
Maciej Kotowski
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This paper investigates the formation of production and trading networks in an economy with general interdependencies and complex property rights. The right to exclude,a core tenet of property, grants asset owners a form of monopoly power that influences granular economic interactions. Equilibrium networks reflect the distribution of these ownership claims. Inefficient production networks may endure in equilibrium as firms multi-source to mitigate hold-up risk. Short supply chains also reduce this risk, but may preclude the production of complex goods. A generalized Top Trading Cycles algorithm, applicable to a production economy, identifies equilibrium outcomes in the model. Such outcomes can be decentralized via a price system.
Topic:
International Trade and Finance, International Affairs, Intellectual Property/Copyright, and National & provincial initiatives
Political Geography:
America

6. The Ukraine Whistleblowers and the Rise of Partisan Whistleblowing

Author:
Hannah Gurman
Publication Date:
09-2019
Content Type:
Commentary and Analysis
Institution:
Foreign Policy In Focus
Abstract:
This moment should spark a conversation about the place of national security whistleblowing in a democratic society.
Topic:
International Security, International Affairs, Intellectual Property/Copyright, Political Activism, and Democracy
Political Geography:
America and Global Focus

7. Intellectual Property and the International Trade Commission An Examination of the Role of the ITC in Protecting IP Rights

Author:
William Alan Reinsch and Jonathan Robinson
Publication Date:
06-2018
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies
Abstract:
Section 337 of the Tariff Act of 1930 has been a powerful tool for protecting U.S. intellectual property (IP) rights and the U.S. market from unfair competition for nearly 100 years. The statute empowers the U.S. International Trade Commission (ITC) to ban imports of goods that inappropriately use U.S. intellectual property. Since it was last amended in 1988, however, new issues have emerged with the law and the Commission’s role in enforcing its provisions. As the economy modernizes and intellectual property enters the digital realm, we examine the ITC and its role in enforcing IP rights and suggest possible ways the ITC can modernize its operations to better confront the challenges of the twenty-first century.
Topic:
Intellectual Property/Copyright, Digital Economy, Trade, and Modernization
Political Geography:
United States and North America

8. Global Issues and Business in International Relations: Intellectual Property Rights and Access to Medicines

Author:
Yoshiko Kojo
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
In international relations, globalization transfers the location of governance from nation-states laterally to such private actors as nongovernmental organizations (NGOs) and multinational firms, as well as vertically to local governments and supranational organizations. The purpose of this article is to clarify how the competitions among firms affect the problem of global issues by examining the case of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) and public health. This study shows why most of least developed countries implemented the TRIPS despite the warning of NGOs not to implement earlier for the sake of access to medicines. In order to understand the positive attitude of least developed countries toward the TRIPS, we have to examine how the distribution of pharmaceutical firms capacities in developing countries affect the implementation of the TRIPS Agreement. The existence and different capacities of generic pharmaceutical companies in developing companies are important elements of state policy toward the TRIPS.
Topic:
International Relations, Globalization, International Trade and Finance, Intellectual Property/Copyright, Business, and Medicine
Political Geography:
Global Focus

9. Notice and Takedown in Everyday Practice

Author:
Jennifer M. Urban, Joe Karaganis, and Brianna L. Schofield
Publication Date:
03-2017
Content Type:
Research Paper
Institution:
American Assembly at Columbia University
Abstract:
It has been nearly twenty years since section 512 of the Digital Millennium Copyright Act established the so-called notice and takedown process. Despite its importance to copyright holders, online service providers, and Internet speakers, very little empirical research has been done on how effective section 512 is for addressing copyright infringement, spurring online service provider development, or providing due process for notice targets. This report includes three studies that draw back the curtain on notice and takedown: 1. using detailed surveys and interviews with more than three dozen respondents, the first study gathers information on how online service providers and rightsholders experience and practice notice and takedown on a day-to-day basis; 2. the second study examines a random sample from over 100 million notices generated during a six-month period to see who is sending notices, why, and whether they are valid takedown requests; and 3. the third study looks specifically at a subset of those notices that were sent to Google Image Search.
Topic:
Intellectual Property/Copyright and Information Age
Political Geography:
Global Focus

10. A Change in the Winds for Software Piracy

Author:
S. Michael Impink Jr.
Publication Date:
06-2017
Content Type:
Working Paper
Institution:
Weatherhead Center for International Affairs, Harvard University
Abstract:
Depending on the industry, piracy either stifles economic growth or fosters innovation. In many technology and pharmaceutical industries, piracy impedes innovation because of its deleterious effect on profits, whereas in the fashion industry, piracy drives participants to produce the latest, trendiest designs. The business strategy of software producers, intellectual property owners, and computer device manufacturers has a substantive impact on piracy, not fully captured in the current literature. My research focuses on how business factors—the competitive landscape of device manufacturers, the evolving strategy of intellectual property owners, and the shift away from traditional licensing models—affect intellectual property rights and software piracy in high-growth countries.
Topic:
Science and Technology, Intellectual Property/Copyright, Piracy, and Business
Political Geography:
United States, China, Asia, and North America