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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
 

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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Part One The Development Agenda and the International IP Treaty Regime
Part Two The Development Agenda in Historical and Institutional Context
Part Three The Development Agenda: Cautionary Notes from Two Directions
Part Four Intellectual Property and Development: A Comparative Analysis
Part Five Access to Medicine
Part Six Cultural Industries
Part Seven Industry Structure, Innovation, and Access
Part Eight Intellectual Property and Developing-Country Citizens’ Freedom