Conflict and complementarity in trade, cultural diversity and Intellectual Property rights
| Autor | Tomer Broude |
| Páginas | 285-298 |
285
CONFLICT AND COMPLEMENTARITY
CULTURA, COMERCIO Y DERECHOS INTELECTUALES
Conflict and complementarity in trade, cultural
diversity and Intellectual Property rights
TOMER BROUDE *
“I am Proud of my humanity when I can acknowledge the poets and artists
of other countries as my own. Let me feel with unalloyed gladness that all the
great glories of man are mine”.
Rabindranath Tagore. LETTERS TO FRIEND (1928)
Summary: I. Context. 1.1 Introduction. 1.2. Globalization. 1.3. Fragmentation. II. Concepts. 2.1. Allegory. 2.2.
Culture. 2.3. Diversity. 2.4. Markets. 2.5. Innovation. 2.6. Tradition. 2.7. Rights. III. Conclusions
I. CONTEXT
1.1. Introduction
In his universal cultural possessiveness, the great Indo Bengali poet —a cultural cos-
mopolitan who valued both community and progress— was surely speaking figuratively
rather than literally, but there is no doubt that the enjoyment of the culture of “other coun-
tries” is dependent on effective access, and that such access is intertwined with questions
of commerce, ownership and property. In addition, just as they may cause great joy to
those who indeed gain access to them, foreign cultural expressions are perceived by many
as a threat to their own culture. What is the balance between these considerations, and
how is it to be achieved?
This article generally addresses the interrelationship between international trade regu-
lation, the international protection of Intellectual Property rights, and the protection and
promotion of cultural diversity. As we shall see, the relationship is complex, multifaceted,
and replete with varied and at times counterintuitive and contradictory interactions. This
complexity notwithstanding, the main themes explored here will be the simpler binary
notions of conflict and complementarity, suggesting a rough map of the territory in which
these fields have the potential to clash with each other; and in contrast, the areas in which
they appear to be mutually supportive. To be more precise, I will focus on areas of conflict
* © 2009, Tomer Broude and WTO & International Health Law and Policy (AJWH). Originalmente publicado
en el Asian Journal of WTO & International Health Law and Policy (AJWH), Vol.2, Issue 2, pp 345-368
(2007). Se reproduce este artículo con autorización expresa del autor.
Anuario Andino de Derechos Intelectuales.
Año VI - N.º 6. Lima, 2010
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