Globalization and Intellectual Property Rights Essay

Download this Essay in word format (.doc)

Note: Sample below may appear distorted but all corresponding word document files contain proper formatting

Excerpt from Essay:


As we can see in the preliminary discussion above, in the face of the extension of copyright and patent-heavy cultures from western nations to global trade relationships, the very conflict between capitalism and social progressivism is implicated. Indeed, many socially conscious global economic groups are protesting international intellectual property laws that they say are burdensome to developing economies and which favor the sense of entitlement and ownership typically reserved for those individuals and entities with greater resources at their disposal. Critics cite the World Trade Organization (WTO) and global legislation which it has sponsored such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) as fundamentally flawed and unfairly biased to benefit the wealthy. This helps to characterize a major aspect of the philosophical debate which currently differentiates the relevant perspectives of nations such as China, on one hand, and Canada and the United States on the other.

Globalizing groups and nations are concerned with the issue of protecting such commercial properties as those which might be defined as 'intellectual' in nature. Intellectual property is that property which, though represented in terms of words, images, ideas or designs, can nonetheless be demonstrated to have quantifiable and qualified economic value. This is a core social issue relating directly the philosophical orientation of different social contexts, with capitalist nations such as Canada and the United States taking a highly stringent position on the subject and with more socialist oriented nations such as China taking a fundamentally non-proprietary approach. Thus, with the growth of international trade, this issue has prompted widespread disagreement and sweeping legislation designed to resolve these differences. As the legislation currently in place clearly favors the ideals of proprietary economies, it represents a core social conflict with widespread implications. (Chengsi, 1)

There is a direct impact of globalization which TRIPS is essentially designed to prevent. This may be noted in the manner in which the Chinese have come to rather voraciously consume Western-borne culture content, and particularly film content. Here, the implications of globalization become ever more obfuscating with some of the challenging differences in cultural perspective and policy producing a pattern which has discontented many in, for instance, the American film industry. Indeed, while Americans attempt to co-opt and formulize that which is profitable from Chinese cinema, China has simply become the world's capital for the unauthorized piracy of American cultural content. Though the United States government and film associations have expressed continued grievance over the matter, policy differences have prevented the Chinese government from truly addressing what is essentially a differential in the understanding of 'copyright.'

The concept has, Chinese social theorists have argued, unquestionably capitalist and western implications which are not consistent with Chinese values. To this end, it is argued that "copyrighting' culture is connected to the political economy of capitalist development in general and the United States' national interest in particular. If the United States is the culture Empire, this Empire is maintained largely through the global copyright regime's ensuring that all players in the culture industry comply with it rules." (Pang, 11)


In sum, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is aimed at imposing stronger regulatory means to supporting the protection of patents and of intellectual property, operating under the premise that this will help to stimulate innovation, profitability and self-sufficiency in developing countries. This issue continues to prompt broad social discontent over the implications of globalization.

As we can see in such cases as that still persisting between the China and its western counterparts, national unwillingness to yield to enforcement regulations continues to be a problem for the WTO. Specifically, piracy of intellectual property continues to be an issue at the center of international debate. Nations which have led the global community in the exportation of pharmaceuticals, technological patents and media content, such as Canada, the United States, the European Union and Japan all have a significant economic stake in ensuring that due compensation is had for such intellectual property. Atpresent, legislative disagreement suggests ones of the core cultural conflicts of globalization, here a perpetrator in the philosophical divergence over intellectual property rights.

Works Cited:

Archibugi, D. & Filipetti, A. (2010). The Globalisation of Intellectual Property Rights: Four Learned Lessons and Four Theses. Global Policy, 1(2).

Chadha, A. (2005). TRIPS and Patenting Activity: Evidence from the Indian Pharmaceutical Industry. University of Connecticut: Department of Economics.

Chengsi, Z. (2000). The TRIPS Agreeement and Intellectual Property in China. Duke Journal of Computers and International Law.

Nayyer, K. (2002). Globalization of Information: Intellectual Property Law Implications. First Monday, 7(1).

Pang, L. (2005). Cultural Control and Globalization in Asia. Routledge.

Toderian, A.…[continue]

Cite This Essay:

"Globalization And Intellectual Property Rights" (2013, August 12) Retrieved October 24, 2016, from

"Globalization And Intellectual Property Rights" 12 August 2013. Web.24 October. 2016. <>

"Globalization And Intellectual Property Rights", 12 August 2013, Accessed.24 October. 2016,

Other Documents Pertaining To This Topic

  • Intellectual Property Rights Several Countries

    However, the rights have some confinements incorporating the limitations and other considerations of issues like their contradiction with the fundamental rights and the codified provisions in force. The legal issues involving intellectual property rights have two dimensions. Firstly, those that provide exclusive rights only in the sphere of copying / reproduction of the item or act safeguarded and secondly, those which provide a right to deter others from doing

  • China s Intellectual Property Rights Current Issues Strategic Considerations...

    China's Intellectual Property Rights: Current Issues, Strategic Considerations And Problem Solving In this paper, the focus is primarily on the Intellectual Property Rights (IPR) that are given to individuals within the Republic of China. The paper starts off by defining IPR and the different ways that IPR is provided like copyright infringement. The paper them moves on to define IPR and its progression in China through the imperialistic years, the era

  • Intellectual Property and Online Learning

    Johnson reports that "in 1998, the Digital Millennium Copyright Act (DMCA)1 severely limited the use of copyrighted materials in distance learning. In 2002, the Technology, Education, and Copy- right Harmonization Act (TEACH Act) relaxed these restrictions under specific conditions. These two laws significantly changed the way educators could use copyrighted material in the digital class- room." (Johnson, p. 66) In the section hereafter, the research considers the implications of this

  • Globalization s Affect on Public Health the Objective

    Globalization's Affect On Public Health The objective of this study is to examine the affect of globalization on public health. Mendoza (2007) writes that the World Health Assembly (WHA) "ratified the new International Health Regulations" in May 2005. (p.79) The revised IHR is reported to empower the World Health Organization (WHO) and member states to meet the 21st Century global health challenges affecting international traffic and trade." (Mendoza, 2007, p.79) The

  • Neoliberalism and Globalization

    Neoliberalism and Globalization Globalization may be an overused word, although the new version of international capitalism is still so recent that the actual system on the ground has outrun the scientific and theoretical vocabulary that describes it. As a system, international capitalism is rapidly eliminating geographical and political boundaries, as Marx predicted in the 19th Century. In the global, postmodern economy, branding also involves relentless synergy and tie-ins between various diverse

  • Rebuilding the Alliance to Rebuild Globalization by

    Rebuilding the Alliance to Rebuild Globalization, by John Micklethwait and Adrian Wooldridge, Section 4,-Page 6, Column 1, 4/13, 2003. This article argues that the concept of globalization as an unstoppable and inevitable (and generally good) force in 21st-century society must be questioned as recent rifts in the Western alliance have grown more serious. This article makes the important point that there are long-standing structural constraints to the process of globalization. Empires

  • Andean Indigenous Interest and Rights Regarding the Politics of the...

    Anthropology Andean Indigenous Interest and Rights regarding the Politics of the Amazon In today's society, there is a tremendous need for global initiatives to support biodiversity, conservation and the protection of nature, as well as the culture of local inhabitants, especially those living in the Amazon. In recent years, many governments and coalitions have partnered with communities and native leaders to protect biodiversity and culture. Grass-roots organizations and scientific discoveries have increased awareness

Read Full Essay
Copyright 2016 . All Rights Reserved