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The Implementation Game - The TRIPS Agreement and the Global Politics of Intellectual Property Reform in Developing Countries (Hardcover, New)
Loot Price: R2,750
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The Implementation Game - The TRIPS Agreement and the Global Politics of Intellectual Property Reform in Developing Countries (Hardcover, New)
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The fight between North and South over intellectual property (IP)
reached new heights in the 1990s. In one corner, large
multinational companies and developed countries sought to protect
their investments. Opposing them, developing countries argued for
the time and scope to pursue development strategies unshackled by
rules forged to bolster the competitiveness of richer countries.
The result was the WTO's deeply contested Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Widely resented by developing countries, TRIPS nonetheless permits
them some hard-won flexibility. Puzzling, however, is why some
developing countries have used that flexibility and others have
not. Even more curious is that many of the poorest countries have
made least use of the room for manouevre, despite securing some
extra concessions. For developing countries, TRIPS did not end the
pro-IP offensive. At the urging of industry lobbyists, powerful
countries backtracked on the flexibilities in TRIPS and pursued
even stronger global IP rules. To prevent precedents for weaker IP
standards in poorer countries, they issued threats to market
access, aid, investment, and political alliances. Further, they
used new trade deals and, more subtly, capacity building (assisted
by the World Intellectual Property Organization, among others) to
leverage faster compliance and higher standards than TRIPS
requires. Meanwhile, 'pro-development' advocates from civil
society, other UN agencies, and developing countries worked to
counter 'compliance-plus' pressures and defend the use of TRIPS
flexibilities, sometimes with success. Within developing countries,
most governments had little experience of IP laws and deferred
TRIPS implementation to IP offices cut-off from trade politics and
national policymaking, making them more vulnerable to the
TRIPS-plus agenda. In many of the poorest African countries,
regional IP arrangements magnified this effect. For scholars of
international political economy and law, this book is the first
detailed exploration of the links between global IP politics and
the implementation of IP reforms. It exposes how power politics
occur not just within global trade talks but afterwards when
countries implement agreements. The Implementation Game will be of
interest to all those engaged in debates on the global governance
of trade and IP
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