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ACTA and Its Complex Politics
The WIPO Journal
  • Peter K. Yu, Texas A&M University School of Law
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Written for a special issue on the politics of intellectual property, this article 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 article then situates ACTA in the context of a recent trend of using bilateral, plurilateral and regional trade and investment agreements to circumvent the multilateral norm-setting process. It contends that this disturbing trend could upset the political dynamics in the current international intellectual property regime.

The article concludes with a discussion of the multiple layers of complex politics behind the ACTA negotiations: international, domestic and global. It focuses on developments both within the new intellectual property enforcement club and without.

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World Intellectual Property Organization & Thomson Reuters
Peter K. Yu
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Citation Information
Peter K. Yu. "ACTA and Its Complex Politics" The WIPO Journal Vol. 3 Iss. 1 (2011) p. 1 - 16
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