Cat and Mouse and form shifting in the battle over both intellectual property protection and enforcement

. 

A

IP as public policy. 

A pice of public policy not an end in itself. 
Ownership, authorship and invention.

Patents
Governing the introduction of technology into new territories. 
Temporary monopoly privileges. 
Counterfeiting as theft or a tool for growth...and development.

1. Public Policy: the refusal to recognize foreign copyright laws. In the interest of public good (literacy)

2. To develop the land and to help feed a growing population. 

3. Jobs 

4. Health 

5. Innovation 

1970s and 80s TRIPS WOrld Trade Organization.
US businesses redefine IP as a trade issue. 
DIsney, Microsoft and Pharmaceuticals (defining it as a trade issue). 

Twin Deficits and Budget Deficit. 
Export surpluses....firms that were based in IP. Collective action situation...small groups with similar interests Manser Olson

B

Form shifting. CAT and MOUSE
Fair use?
Tom and Jerry

TOM CAT

Industry association, trade representatives offices, IP Organizations.
Goals is to ration IP and make it scarce. 
Larger, stronger and more resources. 

JERRY MOUSE

Developing countries, NGOs, Medicines San Frontiers, IT firms like Google, 
Goals is to increase access to IP 
Smaller, weaker and fewer resources. 
Google is tiptoeing into this space now.

C

Horizontal from shifting to multilateral organizations.
World IP association. 
Treaties general agreement on trade and tariffs. GATT,TRIPPS
In exchange for IP protection for agricultural access....
1994

HIV and its effects in the third world. 
The high cost of medicine?
World Health Assembly

Trade (CAT)versus Health (MOUSE)?
Trade versus AId?
1999 WHO access to medicine. 
Public health should not be compromised in exchange for anything. 
MEDICINES ACT. 
Doha Declaration:
Horizontal form shift. 

WIPO world intellectual property organization Development Agenda (2004)
(2007).
SPLT 
Development Considerations 
AGOA and DOHA

USTR international enforcement agreements. 

D

Vertical Form shift moving to a lower level.
Used by powerful states whose vital interests are at stake and whose positions are vastly different from the vast majority of states. 

Transpacific partnership trade-agreement
TRIMS 
NAFTA, BAFTA 
Regional agreements. 
To get vertically what they cannot get laterally. 
Most of these agreements are based on IP. 

Naming and shaming. 
ONLINE PIRACY and IP protect ACT.

Anti counterfeiting trade agreement. 
Streaming, bit torrents and file sharing PIPA and SOPA. Domestic U.S laws....block US users and US companies like PayPal from processing credit cards payments with these companies. 

IP lobbies and digital content and software. 
Revolving door. 


PUBLIC
Wikipedia James Wales(Black Page) going dark 
Aaron Shwarz RSS 
Safe Harbors 

PRIVATE
ACTA and TPP

Anonymous...GUY FAWKES
WB

Lobbyists were flabbergasted. 
Domestic policy affected foreign activities and U.S trade. 
Feb 12th 2012.

IP Chapter: US Isolation in IP. 
ACTA and TPP.

Chairman of the Trade Commission. 
IPS Safe Harbors.
IP Protection through Vertical form shifts. 
CHINA, INDIA, BRAZIL, SOUTH AFRICA (BRICS).

E

Enforcement 
SSRC 
Pricing and IP
$300 software. 

Democratic deficit. 

F

Leaks and legitimacy. 
Manning and Snowden.

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