Outsourcing from the Perspectives of International Protocols, Law, Intellectual Property, and Taxation

57 Pages Posted: 8 Jan 2009 Last revised: 17 Oct 2013

Amar Gupta

Massachusetts Institute of Technology (MIT)

Gio Wiederhold

Stanford University

David Branson Smith

McGuire Center for Entrepreneurship, Eller College of Management, University of Arizona

Devin Sreecharana

University of Arizona

Date Written: January 7, 2009

Abstract

"I am a programmer with a Masters degree from a prominent college in the United States. I work 10 hour days and come in on weekends on a regular basis for my company. I pay my taxes and still manage to give back to my community. So why is my country doing nothing when my job is being threatened by international competition?"

"I am president of a company that took a hard look at cost numbers before embarking on outsourcing. Apart from the cost of labor, equipment, and incidentals, are there other aspects that we should have looked at?

This paper attempts to delineate the relevant pieces of information needed to address the above types of questions, as well as other outsourcing related questions, such as:

* What is the United States doing to encourage/discourage outsourcing? Are these actions legal under current international trading rules?

* Is the United States a net beneficiary or net loser when outsourcing occurs?

* How will the continued outsourcing of professional service activities impact different industries?

* How can intellectual property be equitably protected in an economy that involves growing levels of outsourcing?

* How can intellectual property be equitably valued and shared amongst concerned constituencies in an environment characterized by significant outsourcing?

* What is the 'ultimate scenario' for outsourcing, and how will this impact the jobs of those in the U.S. and abroad?

Keywords: Offshore Outsourcing, Outsourcing, Law and Outsourcing, Intellectual Property, Taxation, International Protocols

Suggested Citation

Gupta, Amar and Wiederhold, Gio and Smith, David Branson and Sreecharana, Devin, Outsourcing from the Perspectives of International Protocols, Law, Intellectual Property, and Taxation (January 7, 2009). Arizona Legal Studies Discussion Paper No 09-18. Available at SSRN: https://ssrn.com/abstract=1324242 or http://dx.doi.org/10.2139/ssrn.1324242

Amar Gupta (Contact Author)

Massachusetts Institute of Technology (MIT) ( email )

77 Massachusetts Avenue
Building 32-256
Cambridge, MA 02139
United States
617-253-0418 (Phone)

Gio Wiederhold

Stanford University ( email )

Stanford, CA 94305
United States

David Branson Smith

McGuire Center for Entrepreneurship, Eller College of Management, University of Arizona ( email )

Tucson, AZ 85721
United States

HOME PAGE: http://next.eller.arizona.edu/people/

Devin Sreecharana

University of Arizona ( email )

Tucson, AZ 85721
United States

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