Verified Document

Globalization And Intellectual Property Rights Essay

Research:

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...

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)
Response:

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. (2013). CSA Group Announces Support for Canada's Proposed Combating Counterfeit Products Act. Market Wire.com.

Sources used in this document:
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).
Cite this Document:
Copy Bibliography Citation

Related Documents

Property Rights in the Scenario
Words: 1257 Length: 3 Document Type: Essay

This is more democratic than 'republican' in spirit, and while Locke might support it to some degree, Meyer very likely would not and state that the property owner's will alone should prevail. It should be noted that in contrast to Danny, the other children view their mother's decision in more emotional, moral terms than Locke might, as rather than invoke the law and property rights they stress considerations such

Property Right Security in Russia
Words: 361 Length: 1 Document Type: Term Paper

Do you think that mass deprivatization is in the long run best interests of Russia? I do not consider that mass privatization is in the best interest of Russia, not for the short-term nor the long one. As it was mentioned above, this political decision will impact on the country's overall welfare, employment will increase (flight of capital, the growth reduction registered by the import-export companies as a result of Rubbles

Property Rights in Locke and
Words: 1031 Length: 3 Document Type: Term Paper

At a minimum, a sovereign person owns themselves, pointing to the idea of individual civil rights that also arise from the state of nature and are independent of the state. Such a philosophy does not automatically translate into democracy. Indeed, Locke felt that legitimate contracts could exist between citizens, oligarchies, monarchies or tyrannies. However, Locke's idea of civil virtue had deep effects upon the American and French Revolutions. Locke's

Property Rights What Are the
Words: 738 Length: 2 Document Type: Term Paper

S. Attorneys 1). However all of this comes out in the end, one thing is certain: the status of something as private property appears to hinge on its being in significant measure an intentional object -- its status as a private owned entity has to do with in what mental relation is stands with an agent. (Machan 4) The law has always protected tangible property and real property from theft. It has

Property Rights Theories of Natural
Words: 625 Length: 2 Document Type: Research Proposal

One might sell their property or hire others to work it, but this can only occur after initial ownership has been made through use. This theory finds no small amount of agreement in the twentieth century Robert Nozick's assertion that any properly justly obtained can be justly redistributed along whatever lines the owner sees fit. Nozick also maintains that people are ends in and of themselves, and must be treated

Intellectual Property Rights Several Countries
Words: 1430 Length: 3 Document Type: Term Paper

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

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now