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Wipo And The Acta Threat, Sara Bannerman
Wipo And The Acta Threat, Sara Bannerman
Joint PIJIP/TLS Research Paper Series
The new Anti-Counterfeiting Trade Agreement (ACTA) has been seen as a potentially existential threat to the existing World Intellectual Property Organization (WIPO) – as a new plurilateral institution that could replace the older multilateral organization. The ACTA threat to WIPO has a number of predecessors. WIPO’s centrality to international intellectual property norm-setting encountered its first major challenge in 1952 when the Universal Copyright Convention was established under UNESCO. It encountered a second major challenge with the establishment of the Agreement on Trade-Related Aspects of Intellectual Property (the TRIPs Agreement). The ACTA challenge thus potentially represents a third instance where a …
Public Interest Representation In Global Ip Policy Institutions, Jeremy Malcolm
Public Interest Representation In Global Ip Policy Institutions, Jeremy Malcolm
Joint PIJIP/TLS Research Paper Series
This paper compares the institutional and procedural arrangements that a range of global institutions make for civil society representation and input into policy development processes on intellectual property issues. The context for this analysis comes from two sets of norms for multi-stakeholder public policy development that exist in other regimes of governance: those of the Aarhus Convention (for environmental matters), and those of the Tunis Agenda for the Information Society (for Internet governance). These global norms, along with the actual practices of the institutions involved in global governance of intellectual property rights, are then contrasted with the proposed new institutional …
Acta, Fool: Explaining The Irrational Support For A New Institution, Gabriel Michael
Acta, Fool: Explaining The Irrational Support For A New Institution, Gabriel Michael
Joint PIJIP/TLS Research Paper Series
The key players in the Anti-Counterfeiting Trade Agreement (ACTA) negotiations were driven to establish a new institution for intellectual property enforcement because the traditional venues for such matters, the WTO and WIPO, had become inhospitable forums. Yet given the significant division in U.S. domestic economic interests over ACTA’s provisions and the lack of solid theoretical or empirical evidence supporting claims made by proponents of the agreement, it is puzzling that ACTA has commanded the support of the U.S. executive, even across two administrations from opposing political parties. I show why this support cannot be explained as a result of the …