To facilitate a constructive, ongoing dialog on critical issues concerning global intellectual property law and policy, the Drake Intellectual Property Law Center publishes an Occasional Papers in Intellectual Property Law
series. This series features papers written by the Center faculty, distinguished visitors, and symposium participants.
#1 Peter K. Yu
"Intellectual Property, Economic Development, and the China Puzzle
"Forthcoming as a book chapter, this Paper examines the relationship between intellectual property protection and economic development in China. It begins by exploring the conventional linkage between intellectual property protection and foreign direct investment. It then examines why China expanded its intellectual property protection even though such expansion was unnecessary for attracting foreign direct investment. The Paper concludes by highlighting the country’s regional and sectoral disparities, its inadequate development of an enabling environment for effective intellectual property protection, and its improvements in intellectual property protection at both the microscopic and qualitative levels. It takes the view that a better understanding of the role of intellectual property protection in promoting economic development will help provide a more accurate forecast of when China will reach a crossover point at which it will find stronger intellectual property protection in its self-interests.
#2 Peter K. Yu
"Three Questions That Will Make You Rethink the U.S.-China Intellectual Property Debate
"Reprinted from a written symposium on intellectual property law in China, this provocative Paper argues that the failure to resolve piracy and counterfeiting problems in China can be partly attributed to the lack of political will on the part of U.S. policymakers and the American public to put intellectual property protection at the very top of the U.S.-China agenda. The Paper illustrates the argument by examining three questions that the author has asked when he engages in debate with U.S. scholars and policymakers over intellectual property protection in China. The Paper underscores the policy complexities involved in the U.S.-China intellectual property debate.
#3 Peter K. Yu
"Building Intellectual Property Coalitions for Development
"Commissioned by the EDGE (Emerging Dynamic Global Economies) Network of the University of Ottawa, this Paper begins by explaining how building intellectual property coalitions for development (IPC4D) can help less developed countries strengthen their collective bargaining position, influence negotiation outcomes, and promote effective and democratic decision making in the international intellectual property regime. The Paper then discusses four coordination strategies that can be used to develop these coalitions. It concludes with a discussion of the various challenges confronting the creation and maintenance of these coalitions. olars and policymakers over intellectual property protection in China. The Paper underscores the policy complexities involved in the U.S.-China intellectual property debate.
#4 Peter K. Yu
"The Global Intellectual Property Order and Its Undetermined Future
"Published in the inaugural issue of the new
WIPO Journal, this Paper highlights some of the key recent developments in the intellectual property field. It discusses the increasingly complex and incoherent international legal order governing the protection and enforcement of intellectual property rights. It also examines the increasingly polarized debate on intellectual property law and policy. The Paper points out that many middle-income developing countries are now approaching a crossover point at which they switch over to the more promising side of the intellectual property divide. This crossover process is likely to have significant implications for the future development of the intellectual property system.
#5 Peter K. Yu
"The U.S.-China Dispute over TRIPS Enforcement
"Forthcoming as a book chapter, this Paper examines the first WTO dispute between China and the United States over the protection and enforcement of intellectual property rights. It outlines the origin of the United States’ complaint against China and explores the challenges to filing such a complaint. It then discusses the key arguments made by both China and the United States as well as the major findings in the WTO panel report. The Paper concludes by focusing on the remedial actions China has taken to bring its law into conformity with the TRIPS Agreement. It further examines the key lessons for the United States, China, and other less developed countries, as well as intellectual property rights holders in general.
#6 Peter K. Yu
"Enforcement, Economics and Estimates
"Published in the second special issue of
The WIPO Journal, this Paper draws on the latest economic research to show that high intellectual property enforcement standards come with a hefty price tag and difficult trade-offs. It then outlines the challenges in measuring the cross-border economic impact of piracy and counterfeiting. The Paper concludes with an analysis of the various metrics that can be or have been used to develop cross-country comparative analyses. It also suggests new areas researchers can explore in their continuous search for a set of mutually satisfactory metrics that advance the international intellectual property enforcement debate.
#7 Peter K. Yu
"Of ACTA/TPP and SOPA/PIPA
"This Paper brings together two recently published essays discussing the ongoing efforts to strengthen intellectual property enforcement standards. The first essay, "ACTA and Its Complex Politics," was published in a special issue on the politics of intellectual property in
The WIPO Journal. It examines the "country club" approach the negotiating parties of the Anti-Counterfeiting Trade Agreement (ACTA) embraced to establish new and higher international intellectual property enforcement standards. It points out that the agreement is flawed not only because it is a country club agreement, but also because it is a bad country club agreement. The second essay, "The Alphabet Soup of Transborder Intellectual Property Enforcement," was published in the inaugural issue of
Drake Law Review Discourse. It identifies six different concerns and challenges ACTA poses to U.S. consumers, technology developers, and small and midsize firms. In addition, it explains why the Trans-Pacific Partnership (TPP) Agreement is likely to be more dangerous than ACTA from a public interest standpoint. It also explores the challenges posed by recent U.S. legislation, such as the Stop Online Piracy Act (SOPA) and the PROTECT IP Act (PIPA).
#8 Peter K. Yu "The Rise of China and Other Middle Intellectual Property Powers" This Paper brings together three recent articles discussing the latest intellectual property developments in China and other middle-income countries. The first article, "The Confucian Challenge to Intellectual Property Reforms," was published in a special issue on intellectual property and culture in
The WIPO Journal. It examines the longstanding claim that Confucianism has presented a major barrier to intellectual property reforms in China and other parts of Asia. The second article, "The Middle Intellectual Property Powers," is forthcoming as a book chapter from Cambridge University Press. It examines a group of middle-income countries that have played or will play important roles in the international intellectual property regime. The final article, "Five Oft-repeated Questions about China's Recent Rise as a Patent Power," was commissioned by the
Cardozo Law Review for its online symposium. This article focuses on five key questions that the author has been repeatedly asked in presentations or conferences exploring recent intellectual property developments in China.
#9 Peter K. Yu
"Toward the Development of a User-Friendly Copyright Regime
This Paper brings together three recent articles examining issues raised by digital copyright reform. The first article, "Can the Canadian UGC Exception Be Transplanted Abroad?" was published in the
Intellectual Property Journal Symposium on "User-Generated Content under Canadian Copyright Law." It discusses the efforts by the Hong Kong government to transplant copyright laws from abroad and its recent public consultation on the treatment of parody under the copyright regime. The second article, "The Confuzzling Rhetoric Against New Copyright Exceptions," is forthcoming from the inaugural issue of
Kritika. It scrutinizes seven arguments that the copyright industries have widely used in their opposition to the introduction of new copyright exceptions. The final article, "Digital Copyright Enforcement Measures and Their Human Rights Threats," was commissioned for a research handbook on human rights and intellectual property, edited by Christophe Geiger. Forthcoming from Edward Elgar Publishing, this book chapter examines the human rights threats posed by those digital copyright enforcement measures that have been incorporated into both domestic laws and international agreements.