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- Title
Narrowing the Gaps in Global Disputes: the Case of Counterfeits in Kenya.
- Authors
Chorev, Nitsan
- Abstract
This article investigates the nature and potential trajectories of global disputes. Conventional accounts of global disputes often see them as inherently open-ended so that actors can always roll back previous defeats; alternatively, path-dependent accounts emphasize the likelihood of those who prevail in early struggles to reproduce their advantaged position. Like path-dependent accounts, I argue that disputes are nested, so that the goals and possible outcomes of new disputes are bounded by the results of earlier disputes-but rather than enlarging the gap between the parties to the dispute by reproducing advantages, nested disputes, on the contrary, lead to the narrowing of positions and to lower stakes. I illustrate this argument by describing two constitutive moments in the debate over intellectual property rights in Kenya: first, the debate around the Industrial Property Act over the exceptions to intellectual property rights; second, the debate around the Anti-Counterfeit Act over whether anti-counterfeit measures should apply to medicines.
- Subjects
AFRICA; INTERNATIONAL conflict; INTELLECTUAL property -- International cooperation; INTELLECTUAL property; AGREEMENT on Trade-Related Aspects of Intellectual Property Rights (1994); GENERIC drugs; HISTORY of Kenya, 1963-; DRUG counterfeiting; WORLD Health Organization; TWENTY-first century; HISTORY; DRUG laws
- Publication
Studies in Comparative International Development, 2015, Vol 50, Issue 2, p157
- ISSN
0039-3606
- Publication type
Article
- DOI
10.1007/s12116-015-9183-5