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The Dynamics of intellectual property protection in the Arab Gulf states

Price, David (2007). The Dynamics of intellectual property protection in the Arab Gulf states. International Review of Business Research Papers,3(1):147-161.

Document type: Journal Article
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IRMA ID 77487793xPUB18
Title The Dynamics of intellectual property protection in the Arab Gulf states
Author Price, David
Journal Name International Review of Business Research Papers
Publication Date 2007
Volume Number 3
Issue Number 1
ISSN 1832-9543   (check CDU catalogue  open catalogue search in new window)
Start Page 147
End Page 161
Total Pages 15
Place of Publication Australia
Publisher World Business Institute
Field of Research 1503 - Business and Management
1801 - Law
HERDC Category C1 - Journal Article (DEST)
Abstract This article discusses the performance of the Arabian Gulf Cooperation Council (GCC) member states (namely, Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the UAE) in protecting intellectual property rights, in the context of their accession to World Trade Organisation (WTO) membership, compliance with the requirements of the WTO’s Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS), and the post-TRIPS environment.In the span of a single generation, the intellectual property (IP) protection legislative frameworks of the GCC member states have undergone dramatic change and development - and that change is continuing. The change has been characterized by a major trend towards codification of laws, and an increasing substitution of institutionalised procedures for the former discretionary exercise of personal authority largely based on local application of Shariah law. Nevertheless, the states’ intellectual property laws still contain idiosyncrasies peculiar to themselves and to the GCC. The driving force behind this development has been primarily external, and hence a dichotomy has arisen between the formal expression in the legislation and its practical application through the enforcement efforts. The dichotomy arises because of these external pressures to adopt laws for which the states do not yet have the expertise, infrastructures or cultural mores to effectively execute to the level of satisfaction sought by the more demanding developed countries. Even though the GCC states have regimes that are largely TRIPS-compliant, they now face ongoing pressures from developed countries, notably the United States, to adopt even higher standards of protection - TRIPS-plus standards. The pressure is applied through bilateral investment treaties and free trade agreements, which are then being promoted by the developed countries as representing the new international consensus on intellectual property protection standards. Accordingly, intellectual property protection in the Gulf region is still, in essence, “work in progress”.
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