IP in Global Governance: A Venture in Critical Reflection
2:2 World Intellectual Property Organization Journal 196-216
20 Pages Posted: 23 Jun 2013
Date Written: 2011
Courtesy of the TRIPS Agreement and the monumental transformations in innovative technologies, especially in the bio and digital arenas, the global IP order has been fundamentally altered since a decade and a half ago. Not only has global awareness of IP increased, the latter's significance as a flashpoint of tension in regard to its practical impact on every sector of the global socio-economic and cultural constitutive process is felt now more than ever before. Consequently, IP is a subject matter for the global governance discourse. This article reflects on the failure, successes, accomplishments, challenges as well as the unsustainable nature of current global IP order. It argues that the current order has run its course. It is now time for change. Spotlighting the changing political and economic landscapes currently being re-drawn by emerging regional and global economic powers of the South, the article speculates on the future direction of global IP law and policy. These new economic and power blocs bear the seed or agency of the present urgency for a new approach to global governance of IP. At the core of that urgency is the imperative for mainstreaming equity, development imperatives and, overall, public regarding considerations in the current calibration phase toward a new global IP order.
Keywords: TRIPS, technology, digital, biology, global, intellectual property, IP, socio-economic, cultural, sustainability, international, law, legal, policy, developing, equity
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