Toward a Nonzero-Sum Approach to Resolving Global Intellectual Property Disputes: What Can We Learn from Mediators, Business Strategists, and International Relations Theorists
![handle is hein.journals/ucinlr70 and id is 579 raw text is: TOWARD A NONZERO-SUM APPROACH TO RESOLVING
GLOBAL INTELLECTUAL PROPERTY DISPUTES:
WHAT WE CAN LEARN FROM MEDIATORS,
BUSINESS STRATEGISTS, AND
INTERNATIONAL RELATIONS THEORISTS
Peter K Yu
All societies, communities, organizations, and interpersonal relation-
ships experience conflict at one time or another in the process of day-
to-day interaction. Conflict is not necessarily bad, abnormal, or
dysfunctional; it is a fact of life. Conflict and disputes exist when
people are engaged in competition to meet goals that are perceived to
be, or actually are, incompatible. However, conflict may go beyond
competitive behavior and acquire the additional purpose of inflicting
physical or psychological damage on an opponent, even to the point
of destruction. It is then that the negative and harmful dynamics of
conflict exact their full costs.'
INTRODUCTION
Countries differ in terms of their levels of wealth, economic structures,
technological capabilities, political systems, and cultural tradition.2 No
two countries have identical conditions, needs, and aspirations.3 As a
result, policymakers face different political pressures and make different
* Acting Assistant Professor of Law, Executive Director, Intellectual Property Law Program, and
Deputy Director, Howard M. Squadron Program in Law, Media and Society, Benjamin N. Cardozo School
of Law, Yeshiva University; Research Associate, Programme in Comparative Media Law and Policy,
Centre for Socio-Legal Studies, University of Oxford. The author would like to thank the participants of
the First Annual Intellectual Property Scholars Conference, including Ann Bartow, Graeme Dinwoodie,
Patty Gerstenblith, Wendy Gordon, Cynthia Ho, Timothy Holbrook, Jay Kesan, Roberta Kwall, Mark
Lemley, Malla Pollack, Susan Scafidi, and Jed Scully, for their helpful comments and suggestions on an
earlier draft of this Article.
1. CHRISTOPHER W. MOORE, THE MEDIATION PROCESS: PRACTICAL STRATEGIES FOR
RESOLVING CONFLICT, at xiii (2d ed. 1996).
2. MICHAEL P. RYAN, KNOWLEDGE DIPLOMACY: GLOBAL COMPETITION AND THE POLITICS OF
INTELLECTUAL PROPERTY 191 (1998); Peter K. Yu, From Pirates to Partners: Protecting Intellectual Propery in
China in the TwenOy-first Centugy, 50 AM. U. L. REV. 131, 239 (2000) [hereinafter Yu, From Pirates to Partners];
Peter K. Yu, Piracy, PrIudice, and Perspectives: An Attempt to Use Shakespeare to Reconfigure the U.S-China Intellectual
Proper!y Debate, 19 B.U. INT'L L.J. 1, 84 (2001) [hereinafter Yu, Piraq, Prudice, and Perspectives].
3. RYAN, supra note 2, at 201; see also Tara Kalagher Giunta & Lily H. Shang, Ownership of
Information in a Global Economy, 27 GEO. WASH. J. INT'L L. & ECON. 327, 333 (1994) (Fundamental
differences in concepts of ownership and legal regimes provide at least some explanation as to why it has
been so difficult to draft a multilateral intellectual property agreement. A favorable agreement for one
country could be unfavorable for another country.).
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