Abstract

http://ssrn.com/abstract=309859
 
 

Citations (1)



 
 

Footnotes (503)



 


 



Toward a Nonzero-sum Approach to Resolving Global Intellectual Property Disputes: What We Can Learn from Mediators, Business Strategists, and International Relations Theorists


Peter K. Yu


Drake University Law School


Cardozo Law School, Public Law Research Paper No. 46

Abstract:     
Countries differ in terms of their levels of wealth, economic structures, technological capabilities, political systems, and cultural tradition. No two countries have the same needs or goals. As a result, policymakers face different political pressures and make different value judgments as to what would best promote the creation and dissemination of intellectual works in their own countries. These uncoordinated judgments eventually result in a conflicting set of intellectual property laws around the world.

As countries become increasingly interdependent in this globalized economy, these conflicting laws create tension and sometimes result in disputes. To minimize differences and prevent conflicts, countries use a variety of dispute resolution techniques, including self-help, coercion, mutual exchange of information, international agreements, and multilateral regimes. Commentators generally analyze these techniques by focusing on the number of parties involved in resolving an intellectual property dispute. Using a unilateral-bilateral-multilateral trichotomy, commentators suggest that one can infer some general characteristics of a dispute resolution arrangement by counting the number of parties involved in resolving a conflict.

This Article argues that, although the unilateral-bilateral-multilateral trichotomy provides some helpful insights into the nature of a dispute resolution arrangement, it provides very limited information about the effectiveness and future prospects of that arrangement. Thus, the Article proposes a new, but companion, analytical framework, which focuses on the approach used to resolve the conflict, instead of the number of parties involved. Drawing on the experiences of mediators, business strategists, and international relations theorists, this Article argues that the nonzero-sum approach is the most preferable approach used to resolve global intellectual property disputes.

Number of Pages in PDF File: 61

Accepted Paper Series


Download This Paper

Date posted: May 9, 2002  

Suggested Citation

Yu, Peter K., Toward a Nonzero-sum Approach to Resolving Global Intellectual Property Disputes: What We Can Learn from Mediators, Business Strategists, and International Relations Theorists. University of Cincinnati Law Review, Vol. 70, Forthcoming 2002. Available at SSRN: http://ssrn.com/abstract=309859 or http://dx.doi.org/10.2139/ssrn.309859

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
Feedback to SSRN


Paper statistics
Abstract Views: 4,479
Downloads: 686
Download Rank: 18,766
Citations:  1
Footnotes:  503

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.266 seconds