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

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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…
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Critically discuss Susan Sells proposition that: The TRIPs outcome constitutes structural, the power to shape the environment
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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
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