The dynamics of bilateral intellectual property negotiations: Asia and the United States.

摘要

The current study analyzes the contemporary dynamics of intellectual property (IP) negotiations between developing Asian countries and the United States during the last two decades. The current study approaches the question about how target countries negotiate, legislate, and enforce IP rights in response to U.S. pressure. It extends beyond the question whether external pressure or the threat of economic sanctions is successful in generating negotiation outcomes, and focuses on specific themes such as: external pressure to strengthen IP protection under Special 301, domestic (non-U.S.) governments' responses to IP pressure, domestic (non-U.S.) citizens' and non-copyright industries' responses to IP pressure, the U.S. government's and industries' responses to enforcement outcomes, U.S. industry pressure to strengthen IP protection, domestic (non-U.S.) copyright industries' (i.e., industries that focus on making products that are protected by copyrights) responses to IP pressure, and the overall nature of IPR disputes and negotiations.;The process of literature review helps the researcher set the current study in the context of IPR disputes and justify why the current study can be of interest to academics as well as practitioners. Using grounded theory and case study principles, the current study seeks to integrate multiple sources of references to describe and interpret significant milestones in modern copyright policy development in Asian countries in response to U.S. pressure. Using a comparative (multiple) case study approach, the current study seeks to provide a cumulative analysis of Asian/U.S. cross-jurisdiction relationships in the IPR domain.;Based on the three cases detailed in the current analysis, it is possible to build a more comprehensive model of key factors in bilateral IP negotiations between Asian countries and the U.S. It is important to note that none of the cases studied represents a perfect example of the model. Rather, the deviations from the comprehensive model represent important factors to consider both when studying negotiations in this area of concern, and when considering the impacts of various initiatives on relationships in the IPR arena. A summary of the key factors identified in the case studies, organized by the key stakeholders in IP negotiations, is provided.