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141. Patents and Internet Standards

Author:
Jorge L Contreras
Publication Date:
04-2016
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
In recent years, high-pro le lawsuits involving standards- essential patents (SEPs) have made headlines in the United States, Europe and Asia, leading to a heated public debate regarding the role and impact of patents covering key interoperability standards. Enforcement agencies around the world have investigated and prosecuted alleged violations of competition law and private licensing commitments in connection with SEPs. Yet, while the debate has focused broadly on standardization and patents in the information and communications technology (ICT) sector, commentators have paid little attention to differences among technology layers within ICT. A review of case statistics shows that patent ling and assertion activity is substantially lower for Internet- related standards than for standards relating to telecommunications and other computing technologies. This paper analyzes historical and social factors that may have contributed to this divergence, focusing on the two principal Internet standards bodies: the Internet Engineering Task Force (IETF) and the World Wide Web Consortium (W3C). It offers a counternarrative to the dominant account portraying standards and SEPs as necessarily fraught with litigation and thereby in need of radical systemic change. Instead, it shows how standards policies that de-emphasize patent monetization have led to lower levels of disputes and litigation. It concludes by placing recent discussions of patenting and standards within the broader context of openness in network technologies and urges both industry participants and policy makers to look to the success of Internet standardization in a patent-light environment when considering the adoption of future rules and policies.
Topic:
Science and Technology, International Security, and Information Age
Political Geography:
Global Focus

142. Is There a Future for International Monetary Cooperation?

Author:
James M. Boughton
Publication Date:
04-2016
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Economic con ict between nation-states has been a major concern throughout the past century and will continue to threaten progress for the foreseeable future. The language evolves, but the issues persist. The “beggar-thy-neighbour” policies and “competitive devaluations” that aggravated the Great Depression of the 1930s have become the “currency wars” of the twenty- rst century. De ning the problem, however, is easy compared with the task of solving it. A central recurring question is whether policy makers can — and should — cooperate and try to coordinate their policies in an effort to alleviate con icts and improve outcomes.
Topic:
International Cooperation, International Political Economy, and International Development
Political Geography:
Global Focus

143. Definitional Issues in the Sustainability Analysis Framework: A Proposal

Author:
Martin Guzman
Publication Date:
05-2016
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
It is e cient that insolvent debtors restructure their liabilities. A timely and e cient process of debt restructuring is in the best interest of the aggregate. Conversely, delaying the restoration of debt sustainability may aggravate the economic situation of the debtor. is is ine cient: the prolongation of a recession decreases the amount of resources to be shared by the debtor and its creditors. e costs can be enormous for societies, as deep depressions are usually accompanied by high and persistent unemployment (generally unevenly distributed among the di erent cohorts and segments of the labour force), inequality and poverty.
Topic:
International Political Economy and Sustainable Development Goals
Political Geography:
Global Focus

144. China and the Trans-Pacific Partnership Agreement

Author:
John Whalley and Li Chunding
Publication Date:
05-2016
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The Trans-Pacific Partnership (TPP) Agreement has now been concluded, but it still faces the challenge of ratification in each of the 12 member countries that are partners to the agreement. China is the world’s second- largest economy, but is not part of the TPP Agreement, which has provoked a great deal of debate in China on the best strategy for China to deal with the TPP. This paper analyzes China’s possible trade strategy, raising three issues for consideration, given the TPP Agreement. First, security of market access should be China’s main concern in any free trade agreement (FTA) negotiation, but the TPP does not include content that is particularly relevant to this issue. Second, the nal TPP Agreement is somewhat less than the high-level, ambitious agreement that has been proclaimed. Third, the rati cation process in all 12 member countries will be slow and may possibly not even happen. This paper sets out four strategies for China: to promote the development of China’s remaining regional and bilateral FTAs; to negotiate a bilateral FTA with the United States; to promote deep domestic reform and opening up by enlarging the coverage of the TPP; and, nally, to negotiate its entry in the TPP as soon as possible, so that the terms of entering the agreement do not degenerate for China.
Topic:
International Political Economy
Political Geography:
China

145. The New Investment Tribunal under Chapter 8 of CETA

Author:
Marc Lalonde
Publication Date:
05-2016
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
I have rarely seen, in my long life, a change as unjustified as the one represented by the new investment tribunal structure now found in the agreed text of the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union. First of all, it is a poor solution based on a faulty premise. It is the result of an ill-informed but obviously effective campaign by mainly European lobbies[1] and some groups in the European Parliament, which have argued, without proper quantitative or qualitative support, that the present system is biased in favour of foreign investors. If this were the case, how can they explain that, according to the latest statistics from the International Centre for Settlement of Investment Disputes (ICSID), only 46 percent of all ICSID awards upheld (in part or in full) investors’ claims, while 53 percent of the claims were dismissed for lack of jurisdiction or on the merits, and another one percent were rejected as manifestly without legal merit.[2] Similarly, in its 2014 World Investment Report, the United Nations Conference on Trade and Development (UNCTAD) came to the conclusion that, out of 274 concluded investment treaty cases in 2013, 43 percent were decided in favour of the state, 31 percent in favour of the investor and 26 percent were settled.[3]
Topic:
International Political Economy and International Trade and Finance
Political Geography:
Global Focus

146. Egypt: Three Years after Tahrir Square

Author:
Andrew Thompson and Shreen Abou El-Naga
Publication Date:
05-2015
Content Type:
Video
Institution:
Centre for International Governance Innovation
Abstract:
In the final episode of Inside the Issues Season Four, Shreen Abou el-Naga joins host Andrew Thompson for a discussion on Egypt three years after Tahrir square. Has Egypt's revolution stalled? What role are the new intellectuals playing in shaping the country's future? Has the human rights situation, specifically for h, shifted? Tune in to access the full discussion and learn more about life in Egypt today.In the final episode of Inside the Issues Season Four, Shreen Abou el-Naga joins host Andrew Thompson for a discussion on Egypt three years after Tahrir square. Has Egypt's revolution stalled? What role are the new intellectuals playing in shaping the country's future? Has the human rights situation, specifically for women, shifted? Tune in to access the full discussion and learn more about life in Egypt today.
Topic:
Human Rights, Law, Political Activism, Popular Revolt, and Reform
Political Geography:
Arabia and Egypt

147. Enhancing Women Migrant Workers' Rights and Mainstreaming Gender in Global Migration Governance

Author:
Bethlehem Daniel and Michael Gordon
Publication Date:
08-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
According to the International Organization for Migration, female migrants constituted approximately 50 percent of the share of the total migrant stock in 2013. The feminization of migration is an ongoing cross-border phenomenon that requires both attention and cooperation to minimize risk and increase protection for vulnerable populations. With women amounting to half of the number of global migrants, migration and gender can no longer be seen as separate silos in policy. Gender mainstreaming must be injected into high-level dialogue to reduce vulnerability and enhance human rights. This brief examines the problems associated with human trafficking, and identifies legislative and legal gaps in anti-trafficking policy through a compliance analysis of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In order to facilitate gender mainstreaming efforts, member states party to CEDAW are encouraged to ensure that national anti-trafficking policies comply with CEDAW and adopt a rights-based approach to combatting human trafficking through the entrenchment of CEDAW principles in national legislation.
Topic:
Gender Issues, Human Rights, International Law, and Migration
Political Geography:
Global Focus

148. Cross-border Resolution of Financial Firms

Author:
Isabelle Duchane, Kateryna Dzaha, and James Supeene
Publication Date:
07-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The absence of an effective international regime for cross-border resolution of financial firms led to the disorderly failure of a number of global banks during the global financial crisis, at a high cost to taxpayers and global financial stability. Many jurisdictions still lack sufficient resolution powers and arrangements for cross-border cooperation. This brief proposes that the Financial Stability Board’s Key Attributes of Effective Resolution Regimes for Financial Institutions should be fully implemented within the Group of Twenty (G20) and expanded to include non-G20 states. The FSB should develop a series of model laws on cross-border resolution and endorse a multilateral memorandum of understanding containing reciprocal commitments among the signatories.
Topic:
International Trade and Finance, Financial Crisis, Reform, and G20
Political Geography:
Global Focus

149. Comparing Transnational IPR Policy: Closing the Gap in Canada's Patenting Regime

Author:
Samah Rahman and Shashanth Shetty
Publication Date:
07-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Canada is lagging behind in research and development (R&D) commercialization, ranking fifteenth in the World Economic Forum’s 2015 Global Competitiveness Report. One of the most important contributing factors to the gap between R&D and competitiveness is that new entrepreneurs lack the monetary and informational resources to access intellectual property (IP) legal expertise. The authors of this brief argue that the Canadian government’s strategies have been ineffective, and its current policy initiatives have failed to consider the importance of disseminating IP legal knowledge directly to innovators. It is recommended that the government look to the models used by the United States and South Korea to mobilize IP legal knowledge within the entrepreneurial community. This can be achieved by establishing a national IP legal clinic at the university level — as well as increasing funding for existing programs and creating a virtual clinic — and including an IP rights application course in select university programs, targeting innovators who will require IP legal advice in the future.
Topic:
Economics and Intellectual Property/Copyright
Political Geography:
United States, Canada, and South Korea

150. How China Can Help Lead a Global Transition to Clean Energy

Author:
Alvin Lin, Luan Dong, and Yang Fuqiang
Publication Date:
07-2015
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
China’s coal consumption fell marginally in 2014, the first such drop this century, in large part as a result of its policies to address its severe air pollution, develop renewable and alternative energy, and transition its economy away from heavy industry. China should take advantage of its current circumstances to adopt an aggressive national coal consumption cap target and policy to peak its coal consumption as soon as possible, no later than its next Five Year Plan (2016–2020), so that it can peak its CO2 emissions by 2025. It can achieve this target by building upon its existing achievements in developing clean energy such as wind and solar power, and by prioritizing renewable energy development over coal in its western expansion. China can help lead a transition to clean energy that will contribute greatly to global efforts to keep warming to no more than 2°C, and can serve as a model for other developing countries.
Topic:
Climate Change, Development, Energy Policy, and Industrial Policy
Political Geography:
China