RegNet Research Paper Series Vol. 4, No.8

Author/s (editor/s):

Cheng, Wenting
Forsyth, Miranda
Braithwaite, John
Li, Zonghui
Campbell, Kirsty
Wilson, Derick

Publication year:

2016

Publication type:

Working paper

RegNet Research Paper No. 2016/120

Practices of Collective Management of Copyright on Musical Works and Related Rights on Audio-Video Products in China

Zonghui Li, Law School of Hohai University and Wenting Cheng, School of Regulation and Global Governance (RegNet), Australian National University (ANU)

Collective management of copyright on musical works and audio-video products in China had a late start in relation to the global pace. There are currently five collective management organisations (CMOs) in China, with the Musical Copyright Society of China for musical works and the China Audio-video Copyright Association for audio-video products being the most dominant. This paper identifies three problems in the institutional design of copyright collective management in China: vague standards for jurisdiction, weak regulation of the CMO monopoly, and the quasi-official status of CMOs. It also discusses three controversies in relation to these collective management practices: the controversial standard setting of licensing fees, the lack of transparency in the distribution of licensing fees, and difficulties that CMOs face when undergoing litigation processes. The paper argues that these controversies can be better managed by establishing regulations on abuse of monopoly power by CMOs, the proper use of their quasi-official status, and an improvement in judicial techniques and transparency in governance.

RegNet Research Paper No. 2016/121

Intellectual Property Protection and Development: The Case of Sustainable Sea Transport in Pacific Island Countries

Miranda Forsyth, School of Regulation and Global Governance (RegNet), Australian National University (ANU)

Intellectual property regulation, taken at its broadest level, is concerned with the production, access to, use of and control over knowledge and a wide range of other intangible resources. These include, but are not limited to, inventions, ideas, songs, designs, aspects of cultural heritage, and genetic resources. All such intangible resources are vital to the operation and development of any society. They are crucial to issues as diverse as the development and dissemination of new technology, the creation of artistic productions and the observance of ritual practices. This paper is concerned with the impact of intellectual property laws on development in countries in the global South, particularly focusing on the small island states in the Pacific islands region. It is based on the observation that much of the literature and policy on intellectual property and development proceeds on the basis that there is only one model of each, namely the global model of intellectual property underpinned by the World Trade Organisation’s Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) and a neoliberal development framework which is informed by a belief in free trade, open markets, privatization, deregulation and support for the private sector. I argue, conversely, that there are multiple models of both. These other models, however, tend to be obscured by the dominant narratives around development and intellectual property that lead to the universalisation of the models and approaches from the global North. Exposing the plurality of models should enable a far more creative and multidimensional approach to intellectual property policy in developing countries, particularly those whose levels of technological development and social structures are very different to those where the global intellectual models and frameworks have been, and continue to be, created. This argument is interrogated by focusing on a particular developmental problem facing many small island developing states, namely sea transport. Part one of the paper briefly explores the problem of sea transport, the way in which it has been addressed to date within the dominant development paradigm, and the intellectual property issues this gives rise to. Part two of the paper then turns to investigate an emerging new developmental approach to sea transport and identifies the very different range of intellectual property issues that arise through considering the issue though this lens. Through this discussion I illustrate the ways in which new approaches to intellectual property are being forged at local as well as national and international levels, and also challenge the distinctions being drawn between the regulation of so-called “traditional” knowledge and modern knowledge.

RegNet Research Paper No. 2016/122

Responses to and Issues Arising from Recent Cases of Sorcery Accusation Related Violence in PNG

Miranda Forsyth, School of Regulation and Global Governance (RegNet), Australian National University (ANU)

This paper details a number of recent networked actions that have led to positive directions in the fight against sorcery accusation related violence in PNG. It also identifies some common themes and issues arising from these responses to analyse current responses and identify potential future directions. There is a common narrative in PNG that cases of sorcery related violence are rising, and that this is despite hard work by a range of actors. There is currently no reliable data about whether or not the cases are actually on the rise overall or are just more visible today (as a result of Facebook, newspaper reports etc). Regardless of whether there is in fact an upwards trend in the numbers of cases, sorcery accusation related violence is currently a major problem in many parts of the country, particularly the Highlands and Bougainville. This makes it crucial to uncover and to monitor and evaluate the effectiveness (or non-effectiveness) of the mechanisms that are being used to combat this type of violence. The Sorcery National Action Plan (“SNAP”) was passed by the National Executive Council in July 2015, together with funding of three million kina. Although the funding has not as yet been formally allocated, the SNAP is being actively implemented under the leadership of the Department of Justice and Attorney General (DJAG). An eighteen month implementation plan was developed and approved by the SNAP core committee in April 2016. A major part of the theory underlying the SNAP is that the best chance of success is in finding multiple ways to connect together the different sets of actors involved in combating sorcery accusation related violence. The diverse champions in this fight include relatives and neighbours of victims, police officers, church and community leaders, community activists and so on. It is imperative to find ways that such people can act with support from a broader network, comprised of both state and non-state, and ocal and national actors. There have been four incidents in the past few months that have demonstrated the benefits of the network building approach that underlies the SNAP. The accounts below are based mainly on newspaper reports, interviews conducted by Father Philip Gibbs, and preliminary fieldwork pending major fieldwork starting next year.

RegNet Research Paper No. 2016/123

Ending Residual Paramilitary Domination in Northern Ireland? Restorative Economic and Social Inclusion Strategies Kirsty Campbell, St Andrew University, Derick Wilson, Ulster University and John Braithwaite, School of Regulation and Global Governance (RegNet), Australian National University (ANU)

Paramilitary violence in Northern Ireland is unfinished but finishable. In response to the 2016 ‘Fresh Start’ Panel report (Northern Ireland Government 2016) on disbanding paramilitaries, is it time to finish through a restorative peace? This would require a focus on building justice as a better future for excluded working class neighbourhoods, challenging political and civil society organisations to unequivocally embrace the task of reconciliation, and resourcing a restorative strand of victim support complementing the valuable work of the current Commission for Victims and Survivors and the Victims and Survivors Service. Responsive adaptation of an ‘Operation Ceasefire’ policing strategy might also help underwrite restorative communities and restorative learning networks that do most of the work. Today’s elites could consider a shift from their neoliberal frames to acknowledge their own ambivalence around the complete rejection of violence and the class character of the Northern Ireland Troubles, so often trumped by the identity politics of that ‘ethnic frontier society’ (Wright 1987: 1-54). Restorative economic and social inclusion strategies at the level of micro-communities, within a ‘shared future’ vision (Northern Ireland Office 2005), for ending the domination of the excluded by paramilitaries and other violent gangs are options. So are Operation Ceasefire strategies layered within a restorative societal fabric; not losing sight of the empirical insights of Toft (2010) and Walter (1999; 2002) that unless there is credible commitment in the years ahead to enforce the law against those who continue to rule neighbourhoods through violence — by the stick of locking them away if necessary — the carrots of peace will be gamed by the most ruthlessly militarised leaders. Complexity theory, responsive regulatory theory and restorative justice theory inform this policy analysis in response to the 2016 Paramilitaries Panel Report.

All previous papers published in the RegNet Research Paper Series are available for download on the RegNet SSRN page.

Cite the publication as

RegNet Research Paper Series Vol. 4, No. 8, 2016. School of Regulation and Global Governance (RegNet)

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