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Strategic Protection of Vital U.S. Assets Abroad: Intellectual Property Protection in the Trans-Pacific Partnership

Dahlquist, Kyla N

Abstract Details

2014, MA, University of Cincinnati, Arts and Sciences: Political Science.
In 2012, the United States Trade Representative (USTR) submitted a high-standards intellectual property (IP) provision to the Trans-Pacific Partnership (TPP) negotiation forum. Indications that this provision is incredibly aggressive were seemingly confirmed by a series of draft leaks on the Internet, leading to overwhelmingly negative assessments of the USTR and the U.S. trade agenda in the Asia-Pacific. However, these scholars and analysts have not adequately addressed the strategic element of the U.S. trade agenda regarding intellectual property. Arguments have been made regarding the strategic importance of the TPP negotiations, as a whole, to the U.S.: economically, politically, and even militarily. I will argue that the U.S. trade agenda regarding intellectual property in the Asia-Pacific region, specifically, is not counter to these strategic interests. Examining the reasoning behind this policy is the primary objective of this comparative analysis of the perceived intellectual property protections of TPP states. One of the primary, overarching purposes of this examination is to contribute to the discussion of intellectual property as an all-encompassing security issue. I propose that promoting the effective enforcement and implementation of intellectual property protections within other countries provides the United States with a mechanism for countering the unilaterally insurmountable security issues of the twenty-first century, including cyber-espionage and forced technology transfer. I will argue that it is the long-term external effects that provide the most persuasive explanation for U.S. behavior in the Trans-Pacific Partnership negotiations. The United States is still proceeding in a strategic manner, establishing long-term mechanisms for the protection of U.S. interests abroad through bilateral and small-scale trans-regional agreements with limited membership rather than global international institutions in an effort to hedge against the rising power in Asia: China. I have conducted a descriptive, exploratory analysis of the U.S. perception of the intellectual property protections provided in trade partner states. I have defined these protections according to the legal infrastructure and the enforcement capacity of that trade partner. In addition to China, four TPP negotiation members have been selected as case studies for this analysis based upon their Special 301 designations from 2001 to 2014: Canada, Chile, Peru, and Vietnam.
Thomas Moore, Ph.D. (Committee Chair)
Richard Harknett, Ph.D. (Committee Member)
241 p.

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Citations

  • Dahlquist, K. N. (2014). Strategic Protection of Vital U.S. Assets Abroad: Intellectual Property Protection in the Trans-Pacific Partnership [Master's thesis, University of Cincinnati]. OhioLINK Electronic Theses and Dissertations Center. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1408709770

    APA Style (7th edition)

  • Dahlquist, Kyla. Strategic Protection of Vital U.S. Assets Abroad: Intellectual Property Protection in the Trans-Pacific Partnership. 2014. University of Cincinnati, Master's thesis. OhioLINK Electronic Theses and Dissertations Center, http://rave.ohiolink.edu/etdc/view?acc_num=ucin1408709770.

    MLA Style (8th edition)

  • Dahlquist, Kyla. "Strategic Protection of Vital U.S. Assets Abroad: Intellectual Property Protection in the Trans-Pacific Partnership." Master's thesis, University of Cincinnati, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1408709770

    Chicago Manual of Style (17th edition)