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The Structure of International Intellectual Property Agreements and their Effects on Developing States

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International intellectual property law has become an important factor in international trade as the world economy has become increasing interconnected. The foundational international intellectual property agreement is the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement, negotiated in 1994 and required by the World Trade Organization of all its member…

International intellectual property law has become an important factor in international trade as the world economy has become increasing interconnected. The foundational international intellectual property agreement is the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement, negotiated in 1994 and required by the World Trade Organization of all its member states. The TRIPS regime establishes minimum standards of protection, but developed states, especially the United States, continually push other countries to enact more stringent laws. This paper explains the power dynamic underlying this international legal order, and furthermore answers how developing states respond. By drawing on Immanuel Wallerstein’s world systems theory, Alisha Holland’s forbearance – the practice of states with the capacity to enforce laws choosing no to do so – and existing empirical studies of seven East and Southeast Asian states’ actions in the realm of intellectual property law in recent years, I argue that the intellectual property agreements under scrutiny are created and pushed by developed American and Western European states to serve their own economic interests. This is supported by a pattern of hegemonic meddling and threats, often by the United States, seeking to influence the domestic laws of developing states, and as a result prompts those states to pursue policies of deliberately partial enforcement – a prime example of forbearance – in an attempt to retain legal legitimacy under international agreements and drive their own economic development. This stands as a refutation of the naïve understanding that developed states have weak intellectual property protections due to apathy, ignorance, ineptitude, or other such moral failings (as developed states such as the United States have claimed). Instead, developing states are pursuing rational and deliberate legal strategies of partial enforcement.
ContributorsDendy, Christopher (Author) / Sivak, Henry (Thesis director) / Thomas, George (Committee member) / School of Politics and Global Studies (Contributor) / Barrett, The Honors College (Contributor)
Created2017-05
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Supply Chain Strategies to Safeguard High-Tech Intellectual Property in Operations Outsourced to China

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The surge of United States high-tech firms offshoring operations to China was driven by economic incentives of the early 1990s, low costs of labor, and ample access to an abundance of resources required in high-tech manufacturing. The dawn of the 21st century served as the advent of technological advancement and…

The surge of United States high-tech firms offshoring operations to China was driven by economic incentives of the early 1990s, low costs of labor, and ample access to an abundance of resources required in high-tech manufacturing. The dawn of the 21st century served as the advent of technological advancement and innovation in congruence with China’s rapid ascension as a prime high-tech manufacturing hub. However, increased allegations of foreign intellectual property (IP) infringement in outsourced research and development (R&D) and manufacturing on behalf of China’s state-owned enterprises (SOE) have evoked concern amongst international speculators, who allege China of weakened intellectual property enforcement and collusive tactics with state-owned enterprises in the cultivation of an anti-competitive marketplace. This thesis applies a trilateral approach to determine the optimal legal, supply chain management, and business strategies to safeguard the intellectual property of high-tech firms with outsourced operations in China.<br/><br/>Firstly, this thesis explores China’s rapid acceleration of manufacturing capabilities in tandem with nationalist initiatives, historical background, and subsequent influence cultural notions; aspirations in attaining global dominance as a high-tech innovator via nationalist programs and incentives. Succeeding is a comparative analysis of intellectual property between the United States and China, associations between intellectual property protection and economic development, and global intellectual property agreeance as set forth by the World Trade Organization (WTO). Following is a legal analysis of China, which assesses legislation, judicial structure, and litigation. Lastly, is an assessment of supply chain management in China, which assesses high-tech outsourcing practices, the vulnerability of intellectual property in research and development, instances of patent infringement, unfair licensing practices, and trade secret misappropriation.
ContributorsPlunkett, Nina (Author) / Collins, Gregory (Thesis director) / Oke, Adegoke (Committee member) / Dean, W.P. Carey School of Business (Contributor) / Department of Supply Chain Management (Contributor) / Barrett, The Honors College (Contributor)
Created2021-05