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Applying Law Without Borders? Hong Kong’s Curious Practice and Problems of Applying Foreign Authorities From Multiple Jurisdictions Simultaneously
Full text linkApplying Law Without Borders? Hong Kong’s Curious Practice and Problems of Applying Foreign Authorities From Multiple Jurisdictions Simultaneousl
The Global South as a Player in the Climate Space: Private Litigants in European Courts Are Stepping Unto the Breach
Full text linkAnti-Blackness in Immigration: A Comparative Analysis Between the United States of America and the United Mexican States [Estados Unidos Mexicanos]
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Silencing the Guns: The Tigray Conflict, Right of Intervention, and the African Union\u27s Dilemma
Full text linkSilencing the Guns: The Tigray Conflict, Right of Intervention, and the African Union\u27s Dilemm
Fight for the Right to Safe Food in Bangladesh-Viewed Through the Prisms of International and Indian Laws: Mice Will Play While the Cat Stays Away
Full text linkDr. S.M. Solaima
“Equal Protection Can Follow You to the Bathroom:” The Eleventh Circuit’s Decision in Adams v. School Board of St. Johns County
Full text linkCompatible Management, and Ecological Forestry, in Pacific Northwest National Forests: Limits to Biodiversity Conservation
Full text linkThe End of the Pipeline Era or a Fresh Start? FERC Releases Updated Certificate Policy Statement for Interstate Gas Pipelines
Full text linkHumane Society v. USDA: D.C. Circuit Precedent Establishes Regulatory “Point of No Return” Occurs Before Publication, Reducing Executive Withdrawal Power
Full text linkNetwork Effects of the International Intellectual Property System
Full text linkThis Article provides a novel explanation for the global intellectual property (IP) paradox,i.e. the consistent growth of the multilateral IP system in spite of mounting evidence that its effectsare at best neutral, if not disadvantageous, for low-income and most middle-income countries andthus the majority of contracting states. It demonstrates that the multilateral IP system is deliberatelystructured as a virtual network that exhibits network effects similar to a social media platform. Themore members an IP treaty has, the more IP protection acceding states can secure for their nationals.Conversely, every accession enlarges the territory in which nationals of previous members can enjoyprotection. Due to these increasing returns to adoption, signing up to and remaining part of theglobal IP network is attractive, irrespective of the immediate effects of a treaty.
After introducing the global IP paradox in Part I, Part II of the Article summarizes coreconcepts of the economic theory of network effects. Part III lays out the basic structure of the globalIP network: its nodes, their complementarity, how the nodes are being connected, the openboundaries of the network, and its ownership. Part IV presents five legal measures that were takento cultivate the multilateral IP system and its network effects. It describes how rights acquisitionthroughout the network was improved, how the path of the system was set towards ever higher levelsof protection, how free-riders have been kept out, how the emergence of competing IP systems wasprevented, and how the IP system was attached to other networks in times of crises, in order to benefitfrom their legitimacy and pull-effects. The conclusion, Part V, highlights that since the conclusion ofthe TRIPS Agreement, the world has been locked into the multilateral IP system. It finally addressesthe question what, if anything, can be done to rein in the network effect of the system and possiblyroll back today’s acquis