DISTORTED ARCHITECTURE OF INTERNATIONAL INTELLECTUAL PROPERTY REGIME AND PROSPECTS FOR LESS-DEVELOPED COUNTRIES
Abstract
International intellectual property regime is one of the most problematic legal regimes in international economic law. Although its establishment goes back to more than one hundred years ago, it can not be argued that it is stable and accepted by the majority of the states. The implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the bilateral, multilateral and regional trade agreements signed in the post-TRIPS period have not been able to stabilize the ongoing problems between less-developed and developed countries on the international intellectual property protection. In fact, the discrepancies on this regime is one of the main reasons that caused the current stalemate in the Doha Round negotiations among the WTO members. As an international legal regime, intellectual property system has a distorted architecture mostly stemming from the initial bargaining problems between the parties. Although the establishment of a new regime is highly unlikely neither in the short nor medium term, existing provisions of the TRIPS can be interpreted through a more developmental way and new strategies can be adopted by less-developed countries to shape the post-TRIPS developments
Keywords
Kaynakça
- ANSARI, Javed A, The Political Economy of International Economic Organization, Brighton, 1986.
- BEESON, Mark, Comment: Trading places? China, the United States and the Evolution of the International Political Economy, Review of International Political Economy, 16: 4, (2009): p. 729 – 741.
- BENVENISTI Eyal and DOWNS, George W., The Empire’s New Clothes: Political Economy and the Fragmentation of International Law, Stanford Law Review, Vol.60. (2007): p. 595-633.
- BRAITHWAITE John and DRAHOS, Peter, Global Business Regulation, Cambridge University Press, 2000.
- BRAITHWAITE John and DRAHOS, Peter, Information Feudalism: Who Owns the Knowledge Economy, London, 2002.
- Committee on Economic Social and Cultural Rights, Substantive Issues Arising in the Implementation of the International Covenant on Economic, Social and Cultural Rights: Follow-up to the day of general discussion on article 15.1 (c), Monday, 26 November 2001, Twenty Seventh Session, Agenda Item 3, (http://www2.ohchr.org/english/ bodies/cescr/docs/statements/E.C.12.2001.15HRIntel-property.pdf, viewed on April 29, 2011).
- DRAHOS, Peter, BITS and BIPS: Bilateralism in Intellectual Property, The Journal of World Intellectual Property, Vol.4-6, (2001): p. 791-808.
- DRAHOS, Peter, Developing Countries and International Intellectual Property Standard-Setting, Journal of World Intellectual Property, Vol. 5, (2002): p. 765-789.
- DREZNER, Daniel W., The End of Power, (http://drezner.foreignpolicy .com/ posts/2011/02/08/the_end_of_power, viewed on 9 February 2011).
- GELLER, Paul Edward, From Patchwork to Network: Strategies for International Intellectual Property in Flux, Duke Journal of Comparative & International Law, Vol. 9, (1998): p. 69-91.