WIPO Journal, Vol. 3, pp. 1-16, 2011
17 Pages Posted: 3 Nov 2011 Last revised: 23 Oct 2012
Date Written: November 3, 2011
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: 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
By Peter Yu
By Peter Yu