Table of Contents

Individualism and Collectiveness in Intellectual Property Law

Individualism and Collectiveness in Intellectual Property Law

ATRIP Intellectual Property series

Edited by Jan Rosén

Individualism and Collectiveness in Intellectual Property Law embraces fundamental, eternal and yet very contemporary elements in IP law dealt with in all parts of the world. There are certain classic values embedded in the protection of human effort and the creativeness of individuals. This book examines the relationship of those values to the questions inherent both in individual creativeness in a collective setting, and in the tendency to build national, regional or global monopolies based on IP rights. The respect for original ownership, the occasional need for collective management of IP rights, the idiosyncrasies of co-ownership of rights and the ever present tension to be found in encounters between exploitation of IP rights and competition law are extensively exposed in this book.

Chapter 12: Multinationals’ Global Governance on the Internet

Hong Xue

Subjects: law - academic, intellectual property law

Extract

Hong Xue* When you cross the border, the game will be same but the rules will be different. (An advertisement at Stockholm-Arlanda Airport) Multinational corporations have been governing the world indirectly through lobbying and other means. Businesses are seen actively involved in not only technological standard-setting but law-making. All through the formation process of the TRIPS Agreement, the pharmaceutical industry, software industry, music industry, Hollywood and international brands industry had monitored the agenda-setting, negotiation contents and final result to secure their intellectual property interests.1 Nothing has been changed at the time of the Anti-Counterfeit Trade Agreement. When the draft text was kept from the public, the United States Trade Representative (USTR) stated that it had “consulted with an array of experts from various IP and tech industries.”2 The trustworthy insiders who had the privilege to access the draft were from leading businesses (Google, eBay, Sony, Time Warner, etc.), the Industry Trade Advisory Committee on Intellectual Property Rights (Motion Picture Association of America, Inc., International Intellectual Property Alliance, International, Recording Industry Association of America, Entertainment Software Association, etc.) and the Industry Trade Advisory Committee on Information and Communications Technologies, Services, and Electronic Commerce (Software and Information Industry Association, Verizon Communications Inc., etc.).3 * Hong Xue, Ph.D of Law, Professor of Law, Director of Institute for the Internet Policy & Law, Beijing Normal University, China. The chapter is based on the presentation made at ATRIP 2010 Congress held in Stockholm University. 1 See Peter Drahos, Information Feudalism: Who Owns the Knowledge Economy...

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