'Globalization': A Future Trend or a Satisfying Mirage?

49 J.Copyright Society 313 (2001)

36 Pages Posted: 25 Feb 2013

See all articles by Doris Estelle Long

Doris Estelle Long

University of Illinois Chicago School of Law; VeraKen Productions; Doris Long Consulting

Date Written: February 23, 2001

Abstract

The operational premise of this Article is that a comparison of economic globalization trends and philosophies may provide useful insights into the intellectual property harmonization process, exposing both its present short-comings as well as future directions. Globalization may serve as a both a descriptive paradigm for IPR harmonization and a predictive tool for future problems and solutions. Given the trade related nature of intellectual property harmonization since TRIPS, economic globalization processes appear to be the closest analogue to international harmonization processes. In determining whether the intellectual property equivalent of globalization -- IPR harmonization -- is a positive future trend in international law or a harmful mirage on which too much time, money and effort is wasted, the Article explores the trends and problems of globalization to their IPR corollaries. Among the trends examined are regionalism, the increasing empowerment of supranational agencies, the erosion of domestic control over local policy, and the cultural backlash that has developed, represented by inter alia current debates over the role of intellectual property protection for traditional knowledge and other works of indigenous creativity and innovation and the cultural divide on the Internet. I contend that a close examination of present harmonization efforts in areas such as IPR enforcement and moral rights demonstrates that much IPR harmonization is a mirage, which fails to establish effective standards. I conclude by suggesting that we must “democratize” the IPR harmonization process to promote cultural inclusiveness so that the standards achieved represent an actual international accord. Without such efforts, harmonization will remain a phantom ideal.

Keywords: globalization, harmonization, international standards, intellectual property, regulatory processes

JEL Classification: K33, M30, M39

Suggested Citation

Long, Doris Estelle, 'Globalization': A Future Trend or a Satisfying Mirage? (February 23, 2001). 49 J.Copyright Society 313 (2001) , Available at SSRN: https://ssrn.com/abstract=2223295

Doris Estelle Long (Contact Author)

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