ACTA and Its Complex Politics
Peter K. Yu
Drake University Law School
November 3, 2011
WIPO Journal, Vol. 3, pp. 1-16, 2011
Drake University Law School Research Paper No. 12-16
Written for a special issue on the politics of intellectual property, this article examines the "country club" approach the negotiating parties of the Anti-Counterfeiting Trade Agreement (ACTA) embraced to establish new and higher international intellectual property enforcement standards. It points out that the agreement is flawed not only because it is a country club agreement but also because it is a bad country club agreement.
The article then situates ACTA in the context of a recent trend of using bilateral, plurilateral and regional trade and investment agreements to circumvent the multilateral norm-setting process. It contends that this disturbing trend could upset the political dynamics in the current international intellectual property regime.
The article concludes with a discussion of the multiple layers of complex politics behind the ACTA negotiations: international, domestic and global. It focuses on developments both within the new intellectual property enforcement club and without.
Number of Pages in PDF File: 17Accepted Paper Series
Date posted: November 3, 2011 ; Last revised: October 23, 2012
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