Intellectual Property Monopolies: Towards a New Mercantilism?

Download
2016-03-01
Dolcerocca, Antoıne
The agreement on the Trade-Related Aspects of Intellectual Property (TRIPs), signed within the GATT framework in 1994, set the international standards and objectives for the protection of intellectual property. Although the agreement was very favorable to western intellectual property oriented firms, the few concessions to developing countries, such as a ten-years delay to implement harsher intellectual property regulations, left some core country corporations dissatisfied. Indeed, as soon as the TRIPs agreement was signed, intellectual property firms, along with and via their respective states, started pushing for harsher intellectual property legislations in bilateral Free Trade Agreements, thus bypassing global regulations. Drawing from the debate on the state and globalization, as well as the question on the relation between intellectual property and capital accumulation, this paper exposes the new collusions between state and capital that rendered possible the emergence of strong intellectual property protection legislations virtually all over the globe, and proposes to interpret that evolution as a signal telling of the new functioning of the world economy. The author makes the case that one can define the current IP regime as a mercantilist system in which states, far from losing power against the growing internationalization of economic regulations, put their capacities in service of “their” IP-intensive corporations. In conclusion, the author suggests a further research agenda in which intellectual property issues can provide a window into our understanding of current trends in the workings of the world economy.
Siyasal Bilgiler Dergisi

Suggestions

Enforcement of intellectual property rights in a general framework and evaluation of enforcement measures in the EU context
Coşkun, Asu; Aşçıoğlu Öz, Gamze; Department of European Studies (2006)
This thesis analyzes the enforcement measures for the protection of intellectual property rights in an international and regional framework. The challenges posed by the digital technology; the difficulties faced by right holders, judiciary, public agencies, international and regional organizations in the implementation stages will be discussed by referring to the legal texts such as the TRIPS Agreement, the EU Enforcement Directive and Regulations. All dimensions of counterfeiting and piracy will constitute...
Commons and the Public Domain: A Review Article and a Tentative Research Agenda
Dolcerocca, Antoıne (2016-03-01)
This article critically examines the concepts of the commons and the public domain as developed in the literature on law and economics, and in the legal literature on intellectual property. It aims to accomplish two things: reviewing the literature laying out diverse meanings associated with these terms and reintroducing them into radical political economy. The study of the commons and the public domain have long been neglected in the area of radical political economy, and the way these concepts have been d...
Do regional trade agreements actually increase Turkey’s foreign trade?
Mavuş Kütük, Merve; Akbostancı Özkazanç, Elif (Orta Doğu Teknik Üniversitesi (Ankara, Turkey), 2016-4)
After the deadlock of World Trade Organization Doha trade negotiations since 2000, trade agreements like Customs Union (CU) and free trade agreements (FTAs) gained further importance in foreign trade. The aim of this study is to analyze the role of regional trade agreements (RTAs) of Turkey in her foreign trade. Effects of the RTAs on Turkey’s foreign trade are analyzed through gravity model in line with the study of Anderson and van Wincoop (2003). The study covers Turkey’s trade flows with 126 trade ...
Üç boyutlu marka olarak korunan ikonik mobilya tasarımları
Oğuz, Ezgi; Korkut, Fatma (null; 2018-12-28)
Mobilya tasarımları, fikir ve sanat eserleri sahiplerinin hakları, patent, tasarım, marka ve haksız rekabet gibi birçok fikri mülkiyet koruma türüne konu olurlar. Üç boyutlu marka koruması, marka hukukunda gelişen bir alan olmasına ve dikkate değer ekonomik etkisine rağmen fikri mülkiyet ve tasarım alanyazınında yeterince irdelenmemiştir. Bu çalışmanın amacı, üç boyutlu marka olarak korunan mobilya tasarımlarının tasarım ve fikri mülkiyet biyografilerini araştırarak üç boyutlu marka koruması ile diğer ...
Comparison of an Emerging Seat of Arbitration and Leading Arbitration Seats and Recommendations for Reform
Birgönül, Mustafa Talat; Dikmen Toker, İrem (2018-02-01)
Arbitration is an increasingly popular alternative form of resolution for construction disputes. After the establishment of the Istanbul Arbitration Center, the question of whether international parties would prefer it instead of other popular venues has arisen. Previous studies have found that the reasons for preferring one seat of arbitration over others are strongly related to judicial attitudes toward arbitration and the legal infrastructure. Therefore, the aim of this paper is to compare the Turkish le...
Citation Formats
A. Dolcerocca, “Intellectual Property Monopolies: Towards a New Mercantilism?,” Siyasal Bilgiler Dergisi, pp. 217–235, 2016, Accessed: 00, 2020. [Online]. Available: https://hdl.handle.net/11511/33147.