ACTA and Its Complex Politics

WIPO Journal, Vol. 3, pp. 1-16, 2011

Drake University Law School Research Paper No. 12-16

17 Pages Posted: 3 Nov 2011 Last revised: 23 Oct 2012

Peter K. Yu

Texas A&M University School of Law

Date Written: November 3, 2011

Abstract

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.

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: https://ssrn.com/abstract=1953899

Peter K. Yu (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

HOME PAGE: http://www.peteryu.com/

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