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Comment: Whose Rules, Whose Needs? Balancing Public and Private Interests

Published online by Cambridge University Press:  05 May 2010

Geoff Tansey
Affiliation:
Consultant, Quaker United Nations Office Geneva
Keith E. Maskus
Affiliation:
University of Colorado, Boulder
Jerome H. Reichman
Affiliation:
Duke University, North Carolina
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Summary

This comment is a broad personal reflection on some major issues arising in the world of intellectual property (IP) today. It is based on my experiences over the past few years, especially with the Quaker United Nations Office (QUNO) in Geneva.

Background

Fundamentally, I came to see that IP rules matter because they increasingly affect the distribution of power and wealth and determine the roups that drive and control the direction and pace of change and the dimensions of the space within which we all work and exist. I have always remembered a Wizard of ID cartoon from years ago in which the King says “he who make the rules gets the gold.” And that, in essence, is what today's IP rules are about.

The globalized rules on IP are part of a broader rewriting of the rules of the world, a development I first came to understand through my work on the global food system. At the heart of this reformation lie issues of power and control, risks and benefits – who has what power to control their part of the system and thereby to minimize risks and maximize benefits. Two key trends are evident in the food system, for example. One is an increasing concentration of economic power within any sector. The other is use of various tools by the different actors in the system (input suppliers, farmers, traders, manufacturers, processors, distributors, retailers, caterers) to maximize control of the operations they perform as much as possible.

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