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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: 17

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Date posted: November 3, 2011 ; Last revised: October 23, 2012

Suggested Citation

Yu, Peter K., ACTA and Its Complex Politics (November 3, 2011). WIPO Journal, Vol. 3, pp. 1-16, 2011; Drake University Law School Research Paper No. 12-16. Available at SSRN: http://ssrn.com/abstract=1953899

Contact Information

Peter K. Yu (Contact Author)
Drake University Law School ( email )
151 Cartwright Hall
2507 University Avenue
Des Moines, IA 50311
United States
(515) 271-2948 (Phone)
(515) 271-2530 (Fax)
HOME PAGE: http://www.peteryu.com
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