Making global public policy: Business and global patent protection standards

TY - CHAP

T1 - Making global public policy

T2 - Business and global patent protection standards

AU - Muzaka, Valbona

N1 - Publisher Copyright: © Aynsley Kellow, Tony Porter and Karsten Ronit 2021.

PY - 2021/1/1

Y1 - 2021/1/1

N2 - Adopting an international political economy perspective, this chapter offers an analysis of why private business actors have been historically successful in shaping the international patent system and in using this aspect of public policy to promote their commercial interests. Simultaneously focusing on business groups’ mobilisation, the role of states, and on the competitive pressures emanating from the dynamics of the global economy, alongside other structural factors, the chapter demonstrates how patent protection levels have expanded from the first international patent convention of the late 19th century, to the 1995 WTO TRIPS Agreement, and during the post-TRIPS period in which business actors simultaneously took on the role of “TRIPS’ guardians” and of “TRIPS Plus advocates”, unleashing in the process a new era of ratcheting intellectual property (IP) protection levels worldwide. Their success is visible in the impressive growth of the global IP markets today. The chapter concludes by arguing that if such ratcheting up continues, a tragedy of the anti-commons may ensue, leading to less investment and innovation on account of increased costs of knowledge as input, increased legal challenges and, more generally, diminished diffusion of knowledge and ideas.

AB - Adopting an international political economy perspective, this chapter offers an analysis of why private business actors have been historically successful in shaping the international patent system and in using this aspect of public policy to promote their commercial interests. Simultaneously focusing on business groups’ mobilisation, the role of states, and on the competitive pressures emanating from the dynamics of the global economy, alongside other structural factors, the chapter demonstrates how patent protection levels have expanded from the first international patent convention of the late 19th century, to the 1995 WTO TRIPS Agreement, and during the post-TRIPS period in which business actors simultaneously took on the role of “TRIPS’ guardians” and of “TRIPS Plus advocates”, unleashing in the process a new era of ratcheting intellectual property (IP) protection levels worldwide. Their success is visible in the impressive growth of the global IP markets today. The chapter concludes by arguing that if such ratcheting up continues, a tragedy of the anti-commons may ensue, leading to less investment and innovation on account of increased costs of knowledge as input, increased legal challenges and, more generally, diminished diffusion of knowledge and ideas.

UR - http://www.scopus.com/inward/record.url?scp=85129848764&partnerID=8YFLogxK

M3 - Chapter

AN - SCOPUS:85129848764

SN - 9781788979115

SP - 124

EP - 139

BT - Handbook of Business and Public Policy

PB - Edward Elgar Publishing Ltd

ER -