Nobody downloaded yet

Critically discuss Susan Sell's proposition that: The TRIP's outcome constitutes structural, the power to shape the environment - Essay Example

Comments (0) Cite this document
Summary
Question: In the context of global intellectual property regulation, critically discuss Susan Sell's proposition that: "The TRIPs outcome constitutes structural power, the power to shape the environment and redefine options for others." (Sell, Private Power, Public Law (2003, 34) Introduction TRIPS has been the end-result of what Susan Sell calls structural power that could influence shape of things for others to follow…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.6% of users find it useful
Critically discuss Susan Sells proposition that: The TRIPs outcome constitutes structural, the power to shape the environment
Read TextPreview

Extract of sample "Critically discuss Susan Sell's proposition that: The TRIP's outcome constitutes structural, the power to shape the environment"

Download file to see previous pages This was in spite of pressure from the U.S. based pharmaceutical manufacturers association (PMA) ever since 1980 for revision of its laws to give patent protection of their pharmaceutical products. The PMA wanted to have 25-years protection But Chilean government revised its laws in 1990 giving patent protection for 15-year period, after tough negotiation. This facilitated monopoly pricing of their products as a result. This was probably for the first time in the history of commerce that a private lobby could prevail upon a government to enact or revise its existing laws. This soon was followed by Trade Related Aspects of Intellectual Property Rights (TRIPS) 1agreement to be enforced by the World Trade Organization (WTO) as a full-fledged intellectual property (IP) legislation that could make inroads into domestic laws of the member states. A powerful lobby representing the US based twelve member group eventually formed as a twelve-member Intellectual Property Committee. (IPC). The members represented pharmaceutical, entertainment and software industries and they managed to garner international support for patent protection of their intellectual property rights. ...
riat in 1988 for formulation of TRIPS in 1994 at the Uruguay round of talks.2 The emergence of TRIPS demonstrated the role of private power in international politics and its ability to solve their trade problems by presenting concrete proposals to governments. The TRIPS has thus acquired the status of public international law which has given most of what the private sector wanted through a global agreement on intellectual property rights.3 The objective of this paper is to examine how TRIPS demonstrates the ability of structural power to shape the trade environment. At this juncture, meaning of structural needs to be understood. According to Susan, structural power is the power of deciding the manner of accomplishing things, and the one that shapes frameworks wherein “States can relate to one another, relate to people, or relate to corporate enterprises”. Elements of structural are 1) all actors are subject to same constraints and opportunities, 2) it is context-dependent, and reciprocal that ensures power is not absolute. These elements help understand IPE in a more realistic way. Structural power consists of internal dimensions of power security, power of production, power of finance and power of knowledge. Security is the ability to protect from external and internal threats. Those who are capable of giving protection are able to determine, and restrict choices available to others. They, in the process, gain special advantages in the production or consumption of wealth and in other areas of social structure. Power of production enables one to decide what shall be produced by whom and by what means and the choice of combination of land, labour, capital and technology, and how to reward them. Thus, power lies with those owning factories, land and capital ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Critically discuss Susan Sell's proposition that: The TRIP's outcome Essay”, n.d.)
Critically discuss Susan Sell's proposition that: The TRIP's outcome Essay. Retrieved from https://studentshare.org/law/1402213-international-intellectual-property-law
(Critically Discuss Susan Sell's Proposition That: The TRIP'S Outcome Essay)
Critically Discuss Susan Sell's Proposition That: The TRIP'S Outcome Essay. https://studentshare.org/law/1402213-international-intellectual-property-law.
“Critically Discuss Susan Sell's Proposition That: The TRIP'S Outcome Essay”, n.d. https://studentshare.org/law/1402213-international-intellectual-property-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Critically discuss Susan Sell's proposition that: The TRIP's outcome constitutes structural, the power to shape the environment

New Right and 1970's - 1990's

...will discuss the social, economic and political issues which contributed to the rise of the New Right in the 1970's and 1980's. It will also discuss the effects it had on the Americans. Economic, social and political factors, which led to, the rise of the New Rights There exists more than one explanation for the rise of the New Rights. Nevertheless, it is unlikely that people could specifically point out the factors that led to the development of the New Rights (Vaguer 16). This is with a regards to the Conservatism era, which could be viewed as a continuation of an already set American tradition. The Conservatism era joins religious, moral and political principles into...
5 Pages(1250 words)Essay

1960's

...factor in American society. The conflict, of course, began when the French decided to release their colonial claims to Vietnam. The French army was driven from Vietnam in 1954, resulting in the Geneva Peace Accords. This created a temporary partition of Vietnam at the seventeenth parallel, until 1956, when nationwide elections would be held. While the Communist powers in the Soviet Union and China did want the entire nation of Vietnam to become Communist, they predicted that the 1956 election would accomplish their aims without bringing the United States into the conflict (The Wars for Vietnam: 1945 to 1975). Rather than initiate another conflict similar to Korea, the American government began a concerted effort to...
4 Pages(1000 words)Essay

S

...;” and those involving direct foreign management or ‘exported management’ such as: “sole direct foreign investment, joint ventures, and international services” (Ibid, pp. 19-27). Recent global developments have provided added venues for international business to enter foreign markets like the cross-border mergers and acquisition which since mid-1980s have been more utilised by MNEs in entering foreign markets (see illustration below) compared with FDI which was popularly used in 1950s-1960’s. (‘International Labour Organization’ n.d.) Moreover, MNE operation today is characterised by intra-firm trade which role is considered critical because it may help MNEs in two ways: cost reduction through...
12 Pages(3000 words)Essay

Revenue Budget(s)s

...Part 2 The changes in the surplus and deficit are attributed to the change in license system from an old style to a newer system. Part 3 If the number of vehicles failing inspection would increase then this would increase the revenue obtained from the vehicle inspection fees by an additional 15%. Therefore making standards tougher would result in more vehicles failing the inspection and subsequently lead to an increase in revenue. This would be beneficial to the organization. Part 4 a) If the new system is implemented at the beginning of the year, there would be higher deficits in general for that financial year. This is because the cost incurred by the organization in contracting outsiders for the licenses is much higher... 2 The changes in...
1 Pages(250 words)Case Study

Assignment s

...burdened is the local and receiving court system. Which forum does the plaintiff favor for the hearing? How each of the party’s case would be affected by the change of forum. Public policy. Discussion Majority of the plaintiffs in the case are Cyprian citizens, while the Kokis Airline is also a Cyprian Airline. Thus, it would be more convenient for the defendants and plaintiffs to attend the court hearing in either Greece or Cyprus. According to Lear, the doctrine of forum non conveniens is supposed to provide convenience to the parties above all else (1147). In Piper vs Reyno the fact that most of the evidence including the plane wreckage and witnesses could be found in Scotland or near Scotland was given as one of the...
2 Pages(500 words)Assignment

Critically discuss the proposition; ''organisational culture cannot be managed''

...Critically discuss the proposition; organisational culture cannot be managed Managing Organisational Culture The concept of managing organisational culture has been drawing much attention to the long-neglected and subjective side of organisational life (Alvesson, 2002). There has been more emphasis on cultural and symbolic aspects, which are relevant in a pragmatic context. It has resulted in most of the critical organisational aspects not receiving much attention, creating a difficulty in smoothening organisational management. There are confusion and varied discussions about the concept of organisational culture in organisational literature and practice....
10 Pages(2500 words)Essay

S- corporation

...Accounting and Finance Accounting and Finance Built-In Gains Tax for S-Corporations Inventory Fair Market Value $210,000 Less Adjusted Basis $180,000 Built-In Gains realized $30,000 Land Fair Market Value $120,000 Less Adjusted Basis $125,000 Built-In Loss ($5,000) Net Built-In Gain $25,000 Tax rate 35% Built-In Gains Tax $8,750 Taxable income for 2013 $65,000 Tax Rate 35% Tax liability $22,750 Lockhart’s Built-in Gains tax for the year2013 was $8,750. That is because Built-in Gains tax is paid based on the lesser of the corporations net recognized Built-In Gains or the corporations taxable income. In this case, the tax liability based on the taxable income would be $22,750, which is more than $8,750. 2....
1 Pages(250 words)Essay

Susan Power's Scared Wilderness

...Susan Power`s “Sacred Wilderness” This paper is dedicated to the novel “Sacred Wilderness” by Susan Power. This novel is marked to be written with passion and wisdom, tenderness and unexpected humor, touching on its pages what is memorable and worthy in human experience. According to the dictionaries, we say “the wilderness” in the meaning of "self-willed-land" or "self-willed-place". We set upon one`s intrinsic volition. The wilderness is often associated with the absence of people of humans, the place, opposed to civilization. “Sacred Wilderness” represents the four women`s lives. Different backgrounds and eras gave...
6 Pages(1500 words)Essay

China and Japan's environment

...China and Japan Environment China and Japan Environment Environmental policies of China and Japan and global climate change Solving the global climatic change crisis by limiting the amount of greenhouse gas that is emitted in the environment can be solved by developing policies that necessitate action for the leading greenhouse emitters including US, China Japan among others. This paper will emphasize the extent and ways in which environmental policies of China and Japan contribute to global climatic change. The position of the Japanese, as well as the Chinese government on climatic change, is continuous. China being the most affected country in emitting greenhouse gas, and deforestation...
2 Pages(500 words)Essay

S&S Air Company

...S&S AIR COMPANY Internal growth rate= (Return on Asset x Retention ratio Return on Asset x Retention ratio) Return on Asset= 2,029,766/19,986,170=0.10 Retention ratio= 1-dividend pay-out; Dividend pay-out= 610,000/2,029,766=0.3 1-0.3=0.7 IGR= (0.1 X 0.3)/1-(0.1 X 0.3) 0.03/0.97=0.031 3.1% Sustainable Growth Rate= (Net income/ Shareholder’s equity) x (1-retention ratio) (2,029,766/11,435,815) x (1-0.7) 0.18 x 0.3=0.053 5.3% Internal growth rate: This percentage of (5.3%) is the maximum growth S&S Company can grow with external financial aid. Sustainable Growth rate: Refers to the growth rate a S&S Air company can grow...
1 Pages(250 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Critically discuss Susan Sell's proposition that: The TRIP's outcome constitutes structural, the power to shape the environment for FREE!

Contact Us