Lobbying or Politics? Political Claims Making in IP Conflicts

Abstract

The term intellectual property rights is a relatively recent invention. Privileges, copyrights, droits d'auteur, temporary monopolies were and are alternative terms to describe the governance of knowledge and information. Maybe even more than in other policy fields framing processes are central to define what is at stake in the field of what is nowadays known as intellectual property rights. Success or failure of actors trying to influence intellectual property policies will depend on their ability frame the issue in a way that resonates with decision makers and important allies.

Starting form this assumption, this paper examines the role of framing processes in two recent conflicts in the European Union over two EU directives in the field of IP policies. Based on our analysis of these cases, we argue that the construction of a coherent master frame was a precondition for successful mobilization, especially for resource-poor actors. Our findings challenges the notion that the success of oppositional actors always depends on their ability to construct a strong counter frame. Instead, we argue that displacement strategies, which attempt to re-frame an already existing hegemonic frame and give it a new meaning, may often be just as fruitful, especially where IP protection cannot easily be portrayed as a threat to some common normative value.

Keywords: Intellectual Property Rights, Framing, Social Movements, NGOs, Europe, Political Claims Analysis, Discourse Analysis

JEL Classification: O34, P16, D70