Cooperation, Harmonization and an Institutional Analysis of WIPO and the WTO
Chapter 6: Institutional Analysis: WIPO and the WTO
Both the normative and positive perspectives – what should international institutions do to foster international cooperation, and what features actually drive the behaviour of institutions – should be kept in mind when considering international institutions. For example, it may be normatively desirable for an institution’s officials to facilitate cooperation by suggesting new approaches to cooperation, for instance suggesting specific clauses for agreements. However, this does not address the question of what suggestions an institution’s officials might be likely to make. From a positive perspective, a comprehensive understanding of the behaviour of institutions is complex and nuanced, less deterministic and more multi-stranded and messy.1 Trebilcock suggests looking to three factors that give an impetus to institutional behaviour: (a) the interests of various concerned interest groups; (b) ideas; and (c) the structure of regulation-making institutions. These are known as the “3-I” factors.2 They are intertwined, and to some extent it may be difficult to separate these factors. For example, structure can determine what interests have influence, and thus can also affect the ideas proposed by officials of an organization. In this chapter, ideas, interests and institutional structure are the primary framework used to analyze the behaviour of WIPO and the WTO. Regime theory is the normative framework against which this understanding of the behaviour of WIPO and the WTO is considered. 1 TWO INSTITUTIONS? ONE INSTITUTION? As argued earlier, there are two grounds for international cooperation in the patent field: the reciprocal recognition of patents, and cooperation in patent prosecution. As briefly summarized in...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.