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- Title
Network Effects of the International Intellectual Property System.
- Authors
Peukert, Alexander
- Abstract
This Article provides a novel explanation for the global intellectual property (IP) paradox. i.e. the consistent gi·owth of the multilateral IP system in spite o# mounting evidence that its effects are at best nemral, if not disadvantageous, fbi· low-income and most middle-income countries and thus the majority of contracling states. It demonstrates that the multilateral IP system is deliberately struclured as a virtual network thal exhibits network ellbcts similar to a social media piallbrm. The more members an IP n·eaty has, the more IP protection acceding states can secure for their nationals. Conversely, every accession enlarges the territory in which nalionals of previous members can enjoy protection. Due to these increasing irturns to adoption, signing up to and remaining part of the global IP network is attractive, irrespective of'the immediate effects of a treaty. Afier introducing the global W paradox in Part L Part II of the Article summarizes core concepts of the economic theory of network effects. Part Ill lays out the basic structure of the global IP network: its nodes, their complementarity, how the nodes are being connected, the open boundaries of the network, and its ownership. Part IV presents five legal measures that were taken to cultivate the multilateral IP system and its network e#ects. It describes how rights acquisition throughow the network was improved, how the path of the system was set towards ever higher levels of protection, how free-riders have been kept out, how the emergence of competing IP systems was prevented, and how the IP system was attached to other networks in times of crises. in order to benefit from their legitimacy and pull-effects. The conclusion. Part K highlights that since the conclusion qf the TRIPS Agreement, the world has been locked into the multilateral W system. It finally addresses the question what, ifanything, can be done to rein in the network effect of the system and possiblv roll back today's acquis
- Subjects
INTELLECTUAL property; SOCIAL media; ECONOMIC development; INTERNATIONALIZED territories; DATA analysis
- Publication
Tulane Journal of Technology & Intellectual Property, 2022, Vol 24, p81
- ISSN
1533-3531
- Publication type
Article