Paradigm Shift in the Global IP Regime: The Agency of Academics

Morin, Jean‐Frédéric

doi:10.2139/ssrn.2278410

Cited by 6 publications

(6 citation statements)

References 64 publications

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“…Although a study of counter-hegemonic resistance exceeds the scope of this article, we note that both state and non-state forces-in both developed and developing countries-resist the dynamic of legal transplantation (Morin 2014). In the past, those forces obliged the US government to change its strategy from coercion to contractualization.…”

Section: Discussionmentioning

confidence: 92%

An Integrated Model of Legal Transplantation: The Diffusion of Intellectual Property Law in Developing Countries

Morin

Gold

2013

SSRN Journal

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Why do some countries adopt exogenous rules into their domestic law when those rules contravene their specific interests? We draw on the policy-diffusion literature to identify four causal mechanisms that we hypothesize explain the adoption of such rules. While existing literature treats these mechanisms as independent, we argue that each works in combination with the others to facilitate legal transplantation. While one mechanism-coercion-tends to initiate the transplantation process, it fades over time and three others largely supplant it: contractualization, socialization, and regulatory competition. These mechanisms act in a mutually supportive manner. We test our claims via a quantitative analysis of legal transplants in the field of intellectual property (IP) that incorporates an original index of IP protection in 121 developing countries over 14 years. This article concludes with a plea for theoretical eclecticism, acknowledging multi-causality and context-conditionality. Any comprehensive explanation of legal transplantation must include the identification of mutual reinforcement between causal mechanisms, rather than simply rank their relative contributions.

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Section: Discussionmentioning

confidence: 92%

An Integrated Model of Legal Transplantation: The Diffusion of Intellectual Property Law in Developing Countries

Morin

Gold

2013

SSRN Journal

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“…Even the Chinese government opposed ACTA officially at the TRIPS Council; domestic IP experts took an open and embracing attitude towards the ACTA and TPP (Figure ). The open and embracing attitude among the IP epistemic communities can be explained by Morin's viewpoint that IP epistemic communities actively collaborate with other transnational networks and promote a paradigm change (Morin, ).…”

Section: Resultsmentioning

confidence: 99%

China engages with the global intellectual property governance: The recent trend

Cheng

2019

World Intellectual Property

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As China becomes the second largest economy in the world, there have been increasing domestic demands requesting China to engage with the global governance of various issues more closely. In intellectual property (IP), China has recently engaged with global IP governance both responsively and actively. This paper answer the questions (a) how did China respond to the global IP up‐ratchet which sets higher IP standards; and (b) how did China actively promote its agenda for the global IP governance. This paper argues that China has a clearer and more consistent position in its responsive engagement than in active engagement. In other words, China is more affirmative in making defensive coalitions opposing TRIPS‐plus standards proposed by developed countries than promoting its own IP initiatives regionally or plurilaterally. China's positions in these defensive coalitions are the classic pro‐development, developing country positions. Its active IP engagement is more diversified. Specifically, China keeps a low profile and does not attempt to take the lead in IP negotiations at the Regional Compressive Economic Partnership. By contrast, China has emerged as a model exporter, focusing on IP capacity building in its IP arrangements in the Belt and Road Initiative (BRI) and BRICS.

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“…Earlier studies in the field of development assistance related to IP policy suggest that a wide range of views exist with respect to the appropriate level of IP protection in a country, and that capacity building and technical assistance by IGOs and foreign universities seem to have, relative to other providers of such technical assistance, an impact on the extent to which the recipient believes the country should have stronger IP protection or greater access, and policy flexibility in this area (Morin, 2013;2014). …”

Section: Existing Research and Literaturementioning

confidence: 99%

An Examination of Institutional Bias in Providers of Legal Advisory Technical Assistance on Selected Trade and Investment Issues

Adachi¹

2017

IRD

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Developing countries sometimes request the assistance of intergovernmental organizations to help write new laws, policies, and regulations where they did not exist, to review draft legislation, or to assist in the updating and amendment of outdated laws and policies. This paper seeks to examine the extent to which policy advice provided by intergovernmental organizations differs depending upon the provider, and assesses the extent to which developing countries are conscious of those biases when they request technical assistance. Advice on the sensitive topics of intellectual property, investment, and competition that have been provided to policy makers of developing countries by different multilateral agencies is examined. On the supply side, the paper draws upon advisory reports published by the secretariats of international organizations. On the demand side, this review is complemented by a survey of the extent to which those requesting advice in developing countries are conscious of policy bias when they ask for advisory services.

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Paradigm Shift in the Global IP Regime: The Agency of Academics

Cited by 6 publications

References 64 publications

An Integrated Model of Legal Transplantation: The Diffusion of Intellectual Property Law in Developing Countries

An Integrated Model of Legal Transplantation: The Diffusion of Intellectual Property Law in Developing Countries

China engages with the global intellectual property governance: The recent trend

An Examination of Institutional Bias in Providers of Legal Advisory Technical Assistance on Selected Trade and Investment Issues

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