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The Development Agenda
Global Intellectual Property and Developing Countries
Netanel, Neil Weinstock
Print publication date: 2008 (this edition)
Published to Oxford Scholarship Online: January 2009
Print ISBN-13: 978-0-19-534210-9
doi:10.1093/acprof:oso/9780195342109.003.0016
16 Trading Copyright
Global Pressure on Local Culture
Michael D. Birnhack
The meeting point of global Intellectual Property (IP) norms and local culture produces an unsettled process of globalization. The global and the local might merge, but they often conflict, and their intersection then mirrors another clash, between trade and culture. This chapter argues that Global Copyright regime (G©) should be evaluated on the background of a complex set of local factors that form each country's cultural field, instead of an exclusive legal or economic inspection. The main factors to be considered are the legal system of a country taken as a whole, its economy, its unique cultural features, and the political situation of the country. No less important is the dynamic interaction of these factors. G© should be evaluated not only by studying the law in the books, but also by exploring the law in action. The case of Israel serves as an illustration of the general framework.
Keywords:
global copyright
,
globalization
,
foreign leverage
,
Trips
,
Trips plus
,
Development Agenda
,
Culture
,
cultural industries
,
cultural economy
,
Israel
doi:10.1093/acprof:oso/9780195342109.003.0016
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Contents
Full Book Contents
Preface
1 Introduction
Part One The Development Agenda and the International IP Treaty Regime
2 The Development Agenda at WIPO
3 TRIPS 3.0
Part Two The Development Agenda in Historical and Institutional Context
4 The WIPO Development Agenda in an Historical and Political Context
5 The Politics of Intellectual Property Reform in Developing Countries
Part Three The Development Agenda: Cautionary Notes from Two Directions
6 History Lessons for the WIPO Development Agenda
7 The WIPO Development Agenda
Part Four Intellectual Property and Development: A Comparative Analysis
8 What Direction is the Wind Blowing?
9 Are National Patent Laws the Blossoming Rains?
10 Historical Perspectives on Patent Systems in Economic Development
Part Five Access to Medicine
11 Expanding Patent Rights in Pharmaceuticals
12 Is Product Patent Protection Necessary to Spur Innovation in Developing Countries?
13 IPRs and Technological Development in Pharmaceuticals
Part Six Cultural Industries
14 The Production of Knowledge, Innovation, and IP in Developing Countries
15 Arab Musiconomics, Culture, Copyright, and the Commons
16 Trading Copyright
Part Seven Industry Structure, Innovation, and Access
17 Antitrust, Patents, and Developing Nations
18 Innovation, Competition Policies, and Intellectual Property
Part Eight Intellectual Property and Developing-Country Citizens’ Freedom
19 Intellectual Property and Development as Freedom
20 Contours of an International Instrument on Limitations and Exceptions*
Index
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Intellectual Property, IT, and Media Law
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