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Global Dimensions of Intellectual Property Rights in Science and Technology (1993)
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. "1 The Global Dimensions of Intellectual Property Rights in Science and Technology." Global Dimensions of Intellectual Property Rights in Science and Technology. Washington, DC: The National Academies Press, 1993.

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Global Dimensions of Intellectual Property Rights in Science and Technology

indigenous innovators, the governments of these countries will face more pressures to enact and enforce strong protection. Again, the overarching issue is one of balance.

Advances in computer software, semiconductor chips, and biotechnology have set off major debates over how to protect the innovator's rights in those new technologies. It is not yet possible to determine the adequacy of the solutions reached. Emerging technologies, such as artificial intelligence and biochips, raise even more difficult intellectual property issues for the future. The rapidity of technological change in these fields means that actions taken now to deal with IPR problems, whether on the national or the international level, will have to be reevaluated continually and in all likelihood revised in the years to come.

One of the major questions posed as new technologies emerge is whether existing rights can provide adequate protection or whether a new form of rights is needed. Countries typically have dealt with this issue at the national level, and the resulting divergent national approaches to protection have made international agreement more difficult to achieve. This raises, in turn, a related question about the kinds of institutional structures and processes that can facilitate the development of international norms for protecting new technologies and the continuing review that will be necessary.

Intellectual Property Rights as a Trade Issue

The U.S. government has taken a multifaceted, trade-oriented approach to the international IPR issue, an approach that consists of multilateral and bilateral negotiations, as well as unilateral trade measures. General policy questions concern the effectiveness and long-term implications of this overall approach and its various components. For example, what kinds of tradeoffs between IPRs and other trade policy objectives will result? How can the United States develop a consistent policy for worldwide protection of intellectual property when actions are being taken in many different forums?

An international code on patents, trademarks, and copyrights currently is being negotiated as part of the Uruguay Round of GATT. The GATT is viewed by some as having several advantages for achieving worldwide IPR protection. It represents a significant shift in approach, away from the World Intellectual Property Organization (WIPO), the U.N. agency that administers most major international IPR conventions, where strong intellectual property protection has been effectively opposed by the developing countries.

As the premier world trade forum, GATT places intellectual property issues in a trade context and links them to other trade and investment issues, thereby potentially bringing enormous bargaining power to bear. On

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Front Matter (R1-R12)
I Introduction (1-2)
1 The Global Dimensions of Intellectual Property Rights in Science and Technology (3-18)
2 Intellectual Property Institutions and the Panda's Thumb: Patents, Copyrights, and Trade Secrets in Economic Theory and History (19-62)
II The Case For and Against a Uniform Worldwide Intellectual Property Rights System (63-64)
Introduction (65-67)
3 Why a Uniform Intellectual Property System Makes Sense or the World (68-88)
4 Harmonization Versus Differentiation in Intellectual Property Right Regimes (89-106)
5 Unauthorized Use of Intellectual Property: Effects on Investment, Technology Transfer, and Innovation (107-145)
Discussion (146-148)
III National and International Approaches to Intellectual Property Rights (149-150)
Introduction (151-154)
6 Comparative National Approaches to Intellectual Property Rights (155-174)
7 Update on international Negotiations on Intellectual Property Rights (175-182)
Discussion (183-186)
IV Scientific and Technological Advance and Its Impact on the Role of Intellectual Property Rights (187-188)
Introduction (189-191)
8 Trends in Global Science and Technology and What They Mean for Intellectual Property Systems (192-207)
9 Sectoral Views (208-220)
10 Intellectual Property Rights and Competitive Strategy (221-240)
Discussion (241-246)
V Adapting Intellectual Property Rights to New Technologies (247-248)
Introduction (249-255)
11 Adapting the Intellectual Property System to New Technologies (256-283)
12 A Case Study on Computer Programs (284-318)
13 Biotechnology Case Study (319-328)
14 Semiconductor Chip Protection as a Case Study (329-338)
15 Optoelectronics (339-350)
Discussion (351-354)
VI Global Intellectual Property Rights Issues in Perspective (355-356)
Introduction (357-359)
16 Global Intellectual Property Rights Issues in Perspective: A Concluding Panel Discussion (360-383)
Disccusion (384-390)
Coda: Issues for Future Research (391-394)
VII Appendix (395-396)
A: Conference Agenda (397-400)
B: Biographies of Contributors (401-418)
Index (419-442)