Jump to ContentJump to Main Navigation
Fairness in PracticeA Social Contract for a Global Economy$
Users without a subscription are not able to see the full content.

Aaron James

Print publication date: 2012

Print ISBN-13: 9780199846153

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199846153.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 24 July 2019

The Level Playing Field

The Level Playing Field

Intellectual Property

Chapter:
(p.285) Chapter Nine The Level Playing Field
Source:
Fairness in Practice
Author(s):

Aaron James

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199846153.003.0009

This chapter argues that developing countries should in effect be excused from WTO intellectual property rules. It rejects welfarist and natural rights arguments for TRIPs rules, but poses a novel defense on grounds of competitive fairness. The chapter then rejoins the argument in light of an “instrumentalist” conception of when it is appropriate to level competitive disadvantages in competitive interactions. It is argued that even if freedom from intellectual property rules creates significant competitive advantages for developing countries and their firms, this is perfectly fair insofar as it is required for a fair trade practice overall.

Keywords:   Intellectual property, TRIPS rules, natural rights, competitive fairness, level playing field

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .