The Capture of International Intellectual Property Law through the U.S. Trade Regime by Margot E. Kaminski :: SSRN

This paper finds that the IP law in recent U.S. free trade agreements differs subtly but significantly from U.S. IP law. These differences are not the result of deliberate government choices, but of private capture of the U.S. trade regime. 

US trade negotiations on IP have always seemed heavily biased to me. For a while, it appeared that the bias reflected Congressional bias in favor of  “strong IP.” The extreme example of that bias was Congress being taken completely by surprise – dumbfounded, even – by the outcry over  the SOPA and PIPA bills. To most of Congress, these bills were common sense. To much of America, they were horrible. See e.g. http://www.forbes.com/sites/larrydownes/2012/01/25/who-really-stopped-sopa-and-why/

But this paper seems to say that US trade negotiators on the TPP treaty are going beyond the US law.  The Capture of International Intellectual Property Law through the U.S. Trade Regime by Margot E. Kaminski :: SSRN.

Of course the big news on TPP negotiation is the leaked draft of the TPP treaty, leaked by Wikileaks.  Unfortunately this article is not updated with insights from that draft, but it contains a variety of detailed examples in existing treaties. Another quote:

 

The USTR’s paraphrasing changes domestic rules into international standards; codifies domestic judicial interpretations as international rules; and omits parts of domestic law that balance IP protection against other values. These distortions shift the cost of lawmaking so that the advising industries bear fewer costs in obtaining the kind of law they want in implementing countries. 

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One thought on “The Capture of International Intellectual Property Law through the U.S. Trade Regime by Margot E. Kaminski :: SSRN

  1. Pingback: Joe Stiglitz disses TPP treaty: it’s for corporations, not people | Art and Science in Technology - Roger Bohn's Blog

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