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Creeping IP

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My latest at the Diplomat dabbles in some constructivism:

As Susan Sell has argued, international IP protection is, in and of itself, a power play on the part of major economic actors.  The construction and maintenance of the rule systems owes itself to the entrepreneurial behavior of private business, working not only through the U.S. government, but also through international institutions.  As such, power relations are embedded within the rules of the IP system, and within our entire way of talking about intellectual property.  This is one reason why the IP provisions of the Trans-Pacific Partnership have proven so controversial.

But adherence to international institutional frameworks isn’t entirely voluntary. The demands of international organizations (and, in bilateral terms, of the EU and the United States) require the Chinese government to develop a position on intellectual property, a set of policies designed to support that position, and the bureaucracy necessary to execute those policies. While this bureaucracy may lack power initially, over time the state acquires what amount to habits of compliance, where it becomes more problematic to step outside the expectations of the international regime than to stay within them.  In China Goes GlobalDavid Shambaugh outlines this process with respect to China’s engagement with the various regimes of the liberal international economic order.  Thus, the development of a bureaucracy to manage IP rights, which China has begun, almost inevitably produces a policy shift towards compliance.

 

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