TECHNOLOGICAL INSTITUTE OF THE PHILIPIPINES

1338 Arlegui St. Quiapo, Manila

Assignment No. 4
ITE 002 / CS11KA1
Mon, 1:30 pm 4:30 pm

Submitted by:
Mikaalora T. Alcantara

Submitted to:
Mrs. Aimee G. Acoba
1. Globalization of Information: Intellectual Property Law

Implications
Abstract
The globalization of information, facilitated by the Internet, has significant
implications
internationally.

for

intellectual

Assessment

of

property
these

regimes

implications

domestically
and

their

and

probable

outcomes

is

unavoidably

value-driven.

Many

commentators

foresee

harmonization of intellectual property laws but some predict disparity in

political economy outcomes. Some also see profound effects on sovereignty.
A critical review of recent literature on these topics discloses a prevalent and
rather persuasive view: that globalization of information and the impact of
the Internet tend toward an international standard of strengthened
intellectual property laws and the erosion of sovereignty notions, with the
economic benefits flowing primarily to developed nations and transnational
corporations. The prevalence of this view in the recent literature may reflect
an effort to bring less heard voices to the forefront of the discussion.
By Kim Nayyer
Date: January 7, 2002
Publisher: First Monday, 1995-2014
Copyright: 2002, First Monday
Type of research : Journal
Conclusion
There are different ways of understanding the issue of the implications of
globalization of information on intellectual property laws, and these derive
from different ways of understanding the central concepts. The literature of
recent years is replete with discussion of globalization and the growth of
digital information, and the influence these developments are having on
domestic and international intellectual property regimes.
A clear effect of globalization of information is a trend toward harmonization
or standardization of intellectual property laws, in the direction of greater
protection. Whereas this trend might appear to relate to positive economic
effects, the literature of recent years suggests that these effects may be
positive

primarily

for

intellectual

property

producing

nations

and

transnational corporations. It may also be diminishing the sovereignty of

states in favour of the strength and power of private entities. It is possible

that the prevalence of such writings in the literature is a response to the
movement

toward

harmonization

and

stronger

intellectual

property

protections - an attempt to ensure some of the less heard voices are

expressed.
Recommendation
For a challenging but insightful review of globalization of intellectual property
and sovereignty issues, touching on topics such as the property and
sovereignty origins of the romantic author concept, public and private
information production, and the political economy of globalized intellectual
property, see K. Aoki, 1996. "Intellectual) property and sovereignty: Notes
toward a cultural geography of authorship," Stanford Law Review, volume 48,
number 5, pp. 1293-1355. For a more thorough discussion of globalized
intellectual property law and implications for indigenous knowledge, see R.J.
Coombe, 1998. "Intellectual property, human rights & sovereignty: New
dilemmas in international law posed by the recognition of indigenous
knowledge and the conservation of biodiversity," Indiana Journal of Global
Legal

Studies, volume

6,

number

1,

athttp://ijgls.indiana.edu/archive/06/01/coombe.shtml.

2. China and Intellectual Property Rights

Abstract
This paper addresses the issue of Chinas non-adherence to intellectual
property regulations required by World Trade Organization members. It
compares the two prevailing viewpoints of why intellectual property
violations are so common in China. In particular the paper will examine the
conflicting views of realists and constructionists on the issue of Chinas
copyright laws. After extensive research from both viewpoints, the paper will

argue that realist explanations for Chinas behavior are supported by more
theoretical and historical evidence. The conclusion is that China elects not to
enforce intellectual property law, not because of a cultural standard, but
because at this point in time there is not enough benefit for the cost of
enforcing these regulations.
By Sawyer Eastwood
Date: March 24, 2014
Publisher: Journal of International Region, Articles, Asia, Extended
Works
Copyright: 2014 Sigma Iota Rho
Type of research : Journal
Conclusion
In light of all this evidence it becomes clear that Confucian Ethics has little to
nothing to do with Chinas enforcement of WTO IPRs, but instead the Chinese
government has no interest in enforcing them at this time. The reader should
not leave this paper with the impression that China will never adapt IPRs
though, as that would be a grave misreading of this analysis. China as an
international actor is rational and self-serving. Like all of the nations acting
from the realist point of view, China will have no problem adopting a policy
consistent with the rest of the WTO members, but only when it serves their
interests. Understanding this concept is key in understanding why China
behaves as it does in international politics.
Recommendation
For a

more thorough discussion of China and intellectual property rights

from an author's perspective, see Tobias Bender, How to Cope with Chinas
(Alleged) Failure to Implement the TRIPS Obligations on Enforcement, The
Journal

of

World

Intellectual

Property

(2006):

230.

Randal Alexander, Chinas Struggle To Maintain Economic Viability While

Enforcing International And Domestic Intellectual Property Rights, The John
Marshall Review of Intellectual Property Law 4 (2005): 619. Bender, How to
Cope, 232.

3. The Legality of Intellectual Property Rights under Islamic Law

Abstract
Intellectual

property

rights

are

not

regulated

by

Islamic

law

and

jurisprudence per se. The issue is whether the principles of Islamic law can
be constructed in a way to provide support for such protection. This paper
assesses the extent to which Islamic law and its sophisticated tools have an
impact on the protection of intellectual property. First it presents Sharas
main sources; the Quran, the Sunna, Ijma and Qiyas and explains how many
principles

derived

therefrom

can

accommodate

intellectual

property

protection. It also sets out hurdles that have the potential to circumscribe
such protection. Then it moves on to consider the effect of secondary
sources. The following section examines the dynamics of interpretation of
Islamic law over history and explores the impact that Shara has on the
enactment of legislation of modern governments. The concluding section
briefly considers some tensions between the Western and the Islamic view
on intellectual property and the role of economics within Islamic law and
society. The arguments presented in this paper reveal that a Shara based
system is flexible and adaptable and that this flexibility is to be used in order
to face economic reality.
By Silvia Beltrametti
Date: 2009
Publisher: Mach, T. et al. (Eds). Prague, Digital Islam

Copyright: 2014 Digital Islam

Type of research : Journal
Conclusion
For most predominantly Muslim societies religion is a major component of
life. Many Muslims seek to ensure that everything they do is consistent with
Shar'a. Therefore it is crucial that any law which is to be effective complies
with the principles of Islamic law. As the analysis above has shown, an
accurate understanding of the principles of Shar'a can be construed to
provide support for the protection of intellectual property law.
Shar'a is not only what is expressly delineated in the Qur'an and the Sunna,
but also what the Muslim community believes it should be. This is why for
most of its history Islamic law offered the most liberal and humane legal
principles and adaptability to context. The best approach to Islamic principles
is combining the letter of the law as set out in religious texts and other
sources of jurisprudence with a reasoning that captures the spirit of the law.
These are to be inextricably intertwined if a reasoning is to be sound and
appealing.
Not providing for the protection of intellectual property rights hinders
innovations

and fails

to stimulate economic development. Economic

development is not an imposition of a new commercial western capitalism

but as an innate concept in Islamic law. The Qur'an is explicit in the positive
approach to economic development and Shar'a is compatible with modern
economic theory.
One question still remains: who is authorized to develop new interpretations?
Understanding Shar'a developed out of a dynamic between religion and
state, and as time went by the emphasis shifted in favour of the state, but
the state always allowed elements of Shar'a to be present in various ways
partly because it was a way to secure public approval and legitimacy. At the

end of the day the effectiveness of a law is ultimately dependent on it being

recognized by society. A state may implement laws that can be wholly or
partially Shar'a compliant, but the ultimate judge on the acceptance and
effectiveness of such laws is the public at large.
Recommendation
Although most scholars accept the difference in nature between the Qur'an
and the Sunna, some scholars argue that Qur'an and Sunna together are the
primary sources of law (see Heba A. Raslan - Shar'a and the Protection of
Intellectual Property: The Example of Egypt , 47 IDEA: The Intellectual
property Law Review 497, 2007 at 505) and others consider the Qur'an as
the only primary source of law, (see Knut S. Vikr - Between God and the
Sultan: A History of Islamic Law, Oxford University Press,2005 at 32).
Sometimes Qiyas is considered before Ijma (see again Vikr at 31).