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The Development AgendaGlobal Intellectual Property and Developing Countries$
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Neil Weinstock Netanel

Print publication date: 2008

Print ISBN-13: 9780195342109

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195342109.001.0001

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Trading Copyright

Trading Copyright

Global Pressure on Local Culture

Chapter:
(p.363) 16 Trading Copyright
Source:
The Development Agenda
Author(s):

Michael D. Birnhack

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195342109.003.0016

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

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