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Title: A Study on Global Intellectual Property Right Governance: From the Perspective of Structure-Functionalism
Authors: Liu, Xuefeng
Keywords: Structure-functionalism;IPR governance;TRIPS Agreement;NGOs
Issue Date: Mar-2013
Publisher: NISCAIR-CSIR, India
Abstract: Using structure-functionalism as analyses method, this paper researches the functions of IPR NGOs, especially in the process of globalization, during which IPR NGOs took active part in the decision-making and enforcement of IPR international rules. The paper tries to answer following questions: What kind of new structures emerged in global IPR system? Why would they play such important role in global IPR governance? How to realize their functions? What influence would they bring? It was found that in the process of globalization, the structure of IPR management has changed and non-government organizations always play a crucial role in the making and implementation process of IPR rules. These changes have led to manifestations of features of the system functions hitherto unseen. Multiple subjects have integrated and expressed their interest by negotiation and competition, which has had profound impact on the operation of global IPR rules. It was also found that, owing to existing conflicts, the pluralistic structure of global IPR governance in international organizations, sovereign governments, enterprises, NGO's, while aiding the whole IPR system to maintain a dynamic equilibrium state, also manifests some negative features and potential function.
Page(s): 143-157
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.18(2) [March 2013]

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