Global Political Economy of Intellectual Property †Free Samples

Question: Discuss about the Global Political Economy of Intellectual Property. Answer: Introduction: The European Union is one of the most known and significant trade partner of the United States where the trading of goods are protected under the Intellectual Property Rights which makes a big challenge for the American business entities where they are forced to move myriad of law in the collaboration with the federal intellectual property law of the European Union and the intellectual property law of the member states. The European Court of Justice has also make important role in the trading under the Intellectual Property Rights where they also get involved with the conflicts between the national law of the member states and the articles of the Treaty of the functioning of the European Union which make a great involvement for the free movement of goods across National lines for the trading purposes (Ward 2016). However it has found that globally the international law has already make the development on the trade law which make the trading system more wide according to the sovereign government according to their economics where it also help to develop to introduce several rules for economic integration people countries forms and those parties who want to make the contract in the decision making process which is more predictable in globally (Drahos 2016). The European Union has make a common market which are required for the free flow of goods, services, capital and labor which helps to the harmonization in the education, health, social security, safety and intellectual property rights. It also makes the law which depends in the Treaty regulation, decision and directives. Therefore it make the best influence on the European Union on international trade which helps United States has become one of the economic powerful country. But somehow it make difference between the European Union and the United States where they make the innovation and regulation completely different for balancing between the intellectual property rights and the free movement of the goods which helps them to calculate the market value according to their law governing body (Thumm 2013). The basic purpose of such work has defined where European Union has make a protocol of the protection of intellectual property rights, treaty for the free movement of goods and undistorted competition. The Amsterdam Treaty makes one of the most influences for maintaining the balance between the uninterrupted free trade of goods and services which helps to protect the intellectual property rights. Under the treaty the article 101 has been made for the free movement of goods and prohibits the trade agreements between the business association members States who are fixed prices limit protection and rest purposes for the supply and many other commercial activities. The article 102 also helps to protect the business entity from any dominant position according to the Marketplace and any enumerates conditions which are related in the abuse of the dominant position fair it makes powerful remedies for every member state that are related in the business practices (Drahos 2016). However most of the time a conflict has been arises between the protection of intellectual property right and the free movement of goods and disordered competition where the existence of the intellectual property rights make the limitation on the owners assertion of rights. Therefore the exhaustion of rights doctrine prohibits the intellectual property right holder from every exercising right over the goods or the services which has been sold for once. Therefore it is important for the Intellectual Property Rights holder that he must choose between the maintaining complete controls of the protected product domestically or choose the potential financial rewards for placing the product according to the market value to another States. However the Intellectual Property Rights make the free movement of the goods in the European market (May 2013). Different kinds of barriers are also sounds like parallel imports, compulsory licensing, and European Union law supplement the national law, lan guage requirements and licensing agreements. However despite such various the law has been make a area of Trademark law and lesser degree patent law and copyright law in the free movement of goods in the European Union which helps to make the European Union and its law more United by legally for the free movement of the goods in such area which also keep handle that every disputes and other associated issues as per their tribunals (Roffe 2014). Reference Drahos, P., 2016. A philosophy of intellectual property. Routledge. May, C., 2013. The global political economy of intellectual property rights: The new enclosures? (Vol. 3). Routledge. Roffe, P., 2014. Intellectual property chapters in free trade agreements: their significance and systemic implications. In EU Bilateral Trade Agreements and Intellectual Property: For Better or Worse? (pp. 17-40). Springer Berlin Heidelberg. Thumm, N., 2013. Intellectual property rights: national systems and harmonisation in Europe. Springer Science Business Media. Ward, D. ed., 2016. The European Union and the culture industries: Regulation and the public interest. Routledge.