You are looking at 1 - 2 of 2 items

  • Author or Editor: Valbona Muzaka x
Clear All Modify Search
You do not have access to this content

Valbona Muzaka

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.