Turning Points and International Environments: Multilateral Negotiations in the gatt and the wto

2016 ◽  
Vol 21 (1) ◽  
pp. 1-42 ◽  
Author(s):  
Larry Crump ◽  
Daniel Druckman
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Uruguay Round ◽  
Turning Points ◽  
Negotiation Process ◽  
Multilateral Negotiations ◽  
Development Agenda ◽  
Level Data ◽  
Ministerial Council

A turning points analysis is used to capture the negotiating dynamics that occur within the structure of thegattand thewto. Ministerial/Council-level operations and Committee-level operations are distinguished. WithinwtoDoha Development Agenda negotiations (2001–present), we isolate Ministerial/Council-level data and withingatt, we isolate Committee-level data by examining Trade Related Aspects of Intellectual Property Rights negotiations conducted during thegattUruguay round (1985–1994) and at thewtoDoha Ministerial (2001). A detailed chronology of each case is compiled, followed by the identification of precipitants, departures and consequences, which are the three parts of a turning points analysis. We conclude that the precipitants that led to negotiation turning points in the Ministerial/Council environment are exclusively internal and generally procedural. The precipitants creating turning points within the Committee environment are generally internal and substantive. These conclusions have implications for our understanding of international environments and their impact on negotiation process.

scholarly journals Turning Points in Multilateral Trade Negotiations on Intellectual Property

2012 ◽  
Vol 17 (1) ◽  
pp. 9-35 ◽  
Author(s):  
Larry Crump ◽  
Daniel Druckman
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Uruguay Round ◽  
Turning Points ◽  
Negotiation Process ◽  
Trade Negotiations ◽  
Multilateral Trade ◽  
Two Phases

Abstract Application of a turning points analysis to detailed chronologies of events that transpired prior to and during two matched cases of multilateral intellectual property rights (TRIPS) negotiations yields useful lessons for understanding negotiation process and effective negotiator behavior. The unfolding negotiation process is traced in the GATT Uruguay Round and prior to and during the WTO Doha Ministerial. Departures from earlier trends in the chronologies merit special attention. A departure is defined as a clear and self-evident change from earlier events or patterns in the form of an impactful decision taken by one or more parties. By coding the causes (precipitants) and effects (consequences) of the departures, we perform a turning points analysis. The turning points analysis, composed of three-part sequences, reveals the triggers and impacts of departures during the extended TRIPS negotiation process. The analyses will allow a comparison of the patterns that unfolded during the two phases of TRIPS negotiations, which will highlight the breakthroughs that occurred during the Uruguay Round and the crises that emerged later, prior to and during the Doha Ministerial. Improving the effectiveness of multilateral trade negotiations depends in part on understanding how critical turning points emerge.

International Seminar – Contributions to the Development Agenda on Intellectual Property Rights

2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Ana Celia Castro ◽  
Maria Beatriz Amorim Bohrer
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Law ◽  
Patent System ◽  
International Seminar ◽  
Development Agenda

TRIPS as it stands is against the interests of developing countries, and needsreform. In developing their own patent law, developing countries need to recognizethat there is now near consensus among informed observers that patentlaw and practice have, in some cases, overshot, and need to be reformed. Thatis the burden of the recent NAS/NRC report on “A Patent System for the 21stCentury.

scholarly journals Global Ruling. Intellectual Property and Development in the United Nations Knowledge Economy

2014 ◽  
Vol 11 (2) ◽  
pp. 113-145 ◽  
Author(s):  
Ondina Fachel Leal ◽  
Rebeca Hennemann Vergara de Souza ◽  
Fabrício Solagna
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Social Life ◽  
International System ◽  
Historical Context ◽  
Civil Society Organizations ◽  
World Intellectual Property Organization ◽  
International Agency ◽  
Development Agenda

This paper firstly provides an ethnographic account of the dynamic of events in Geneva in 2004, when meetings of various multilateral agencies and global civil society organizations were held simultaneously to discuss the proposal to include the Development Agenda as a key element of intellectual property rights (IPR), seeking to insert some public policy aspects into the existing legal frameworks on IPR. Secondly we describe the historical context for the emergence of the intellectual property system as global legislation, explaining how it came into being and the ways in which it intertwines with international trade, examining the extent of its impact and its interfaces with various domains of social life, including culture and knowledge. Finally, based on interviews, documents and minutes from international agency meetings, we reconstruct the three-year process of negotiating the Development Agenda at the World Intellectual Property Organization (WIPO), describing the role of its main actors. Since Brazil, a member state of the organization, assumed a lead role in promoting the Agenda, we examine the disputes that occurred during this process as political actors veered back and forth in their support for the international system to protect and enforce intellectual property rights, and the tensions generated as IPRs become barriers to the trade and development of developing nations.

Intellectual Property Rights, Resources Allocation and Ethical Usefulness

2011 ◽  
pp. 68-83
Author(s):  
Bruno de Vuyst ◽  
Alea M. Fairchild
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Uruguay Round ◽  
Rent Seeking ◽  
Trips Agreement ◽  
Resources Allocation

Intellectual property rights (IP) are established through the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement (part of the Uruguay Round Agreements creating the WTO) as global and uniform. This absolute IP may provide such opportunities for rent-seeking that misallocations may occur, resulting in a perception of IP as ethically unuseful.

Sign in / Sign up

Export Citation Format

Share Document