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A New Approach to U.S. Copyright Policy against Piracy in China
Unformatted Document Text:  3 have been portrayed as ‘protection for monopolies’ of benefit to exporters at the expense of developing country imports by allowing driving out local competition, and diverting R&D away from the needs of themselves (Deardorff, 1990; Economist, 2001; Lesser, 2001; Lohr, 2002; Shiva, 2000; UNCTAD, 1975). Gaps in economic and technological standing in the world community have been a starting point to explain the divergence in each country’s policies regarding intellectual property. Ironically, however, it is undeniable that this inveterate argument has been a dead end to block viable policy discussions over intellectual property rights protection in the global economy by reducing all problems to a country’s economic wealth. Most policy studies by economists only deal with the costs and benefits of the intellectual property policy that are quantifiable. However, “the positivistic and apparently empirical nature of economic analyses makes economists more forceful in the policymaking process than those making predictions or voicing concerns that are based more on an intuitive, philosophical, or even historical basis” (Bettig, 1996: 107). Despite the importance of the issue, academic debates up to date have been one-sided, “focusing primarily on the unfair competition aspect” (Yu, 2001: 93). On the contrary, little attention has been paid to historical, political and cultural differences concerning intellectual property rights. Intellectual property laws grew out of a particular model of economic systems at a particular time in history. The concept of ‘property’ is a tremendously dynamic depending on its historical sociological stage (Steidlmeier, 1993). For instance, land as private property had different meanings in the middle ages, which meant feudal institutions of property. In many areas about hundred years ago, slaves and even women were considered legitimate property. Bettig (1996) indicates that the concept of intellectual property right has its roots in the rise of capitalism and the development of the printing press in Europe. On the other hand, many Asian countries, for example India, based on early oral culture, have not focused personal ownership of ideas (Bettig, 1996; Garmon, 2002). Likewise, throughout history, notions of intellectual property rights have reflected cultural values, which are inseparable from cultural and traditional values. Countries in different stages of development face very different benefits and costs of protection of intellectual property rights. These different stages consist of not only

Authors: Mun, Seung-Hwan.
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have been portrayed as ‘protection for monopolies’ of benefit to exporters at the expense
of developing country imports by allowing driving out local competition, and diverting
R&D away from the needs of themselves (Deardorff, 1990; Economist, 2001; Lesser,
2001; Lohr, 2002; Shiva, 2000; UNCTAD, 1975). Gaps in economic and technological
standing in the world community have been a starting point to explain the divergence in
each country’s policies regarding intellectual property. Ironically, however, it is
undeniable that this inveterate argument has been a dead end to block viable policy
discussions over intellectual property rights protection in the global economy by reducing
all problems to a country’s economic wealth.
Most policy studies by economists only deal with the costs and benefits of the
intellectual property policy that are quantifiable. However, “the positivistic and
apparently empirical nature of economic analyses makes economists more forceful in the
policymaking process than those making predictions or voicing concerns that are based
more on an intuitive, philosophical, or even historical basis” (Bettig, 1996: 107). Despite
the importance of the issue, academic debates up to date have been one-sided, “focusing
primarily on the unfair competition aspect” (Yu, 2001: 93). On the contrary, little
attention has been paid to historical, political and cultural differences concerning
intellectual property rights.
Intellectual property laws grew out of a particular model of economic systems at a
particular time in history. The concept of ‘property’ is a tremendously dynamic
depending on its historical sociological stage (Steidlmeier, 1993). For instance, land as
private property had different meanings in the middle ages, which meant feudal
institutions of property. In many areas about hundred years ago, slaves and even women
were considered legitimate property. Bettig (1996) indicates that the concept of
intellectual property right has its roots in the rise of capitalism and the development of
the printing press in Europe. On the other hand, many Asian countries, for example India,
based on early oral culture, have not focused personal ownership of ideas (Bettig, 1996;
Garmon, 2002). Likewise, throughout history, notions of intellectual property rights have
reflected cultural values, which are inseparable from cultural and traditional values.
Countries in different stages of development face very different benefits and costs
of protection of intellectual property rights. These different stages consist of not only


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