Peter Drahos

Peter Drahos
European University Institute | EUI · Department of Law

About

124
Publications
57,569
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Introduction
Peter Drahos is Professor of Law and Governance in the Department of Law, European University Institute, Florence, Italy. He holds a Chair in Intellectual Property at Queen Mary, University of London.

Publications

Publications (124)
Preprint
Full-text available
The paper examines three decades of the history of patents and pandemics that begins with the HIV/AIDS pandemic and TRIPS. This history demonstrates that the patent system is itself a huge source of risk when it comes to managing the risks of pandemics. From this history ten core lessons are extracted. The central message of the paper is that devel...
Book
The climate and energy crisis requires a strong state to change the direction, speed, scale, and financing of innovation in world capitalism in order to create a bio-digital energy paradigm. Four states are possible contenders for catalyzing this survival governance: China, the European Union, India, and the United States. China is an improbable le...
Article
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Regulatory capitalism depends heavily on science, but science faces epistemic critiques and crises of research integrity. These critiques and crises are outlined and then located within capitalism's general tragedy of commodification. Drawing on Marx's insights into the relationship between science, commodity production, and the machine age, the ge...
Book
Bringing together leading experts in intellectual property, this fourth volume of Kritika tackles head on the most pressing legal issues that lie at the heart of the contemporary marketplace. The topics in this volume include the possible futures of IP; the challenges that the information age poses for rational code design and the protection of soc...
Article
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In 2011 China’s patent office received more patent applications than any other patent office in the world. While explanations for this patent surge focus on some relevant factors such as the use of subsidies for application fees, what is missing from the literature is an analysis of how China turns its fragmented levels of government into an effici...
Chapter
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Australia has a geographical indications system for wine. Drawing on fieldwork data and evidence from Australia's wine regions, the paper examines whether the system has generated benefits for rural communities living within Australia's wine regions.
Chapter
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Book
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This volume introduces readers to regulatory theory. Aimed at practitioners, postgraduate students and those interested in regulation as a cross-cutting theme in the social sciences, Regulatory Theory includes chapters on the social-psychological foundations of regulation as well as theories of regulation such as responsive regulation, smart regula...
Chapter
The chapter identifies three processes of collapse - ecosystems collapse, techno-collapse and financial collapse - and assesses the capacity of regulatory capitalism to cope with these processes.
Chapter
The chapter introduces the reader to the core themes that permeate much of contemporary regulatory theory.
Book
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Are intellectual property rights like other property rights? More and more of the world’s knowledge and information is under the control of intellectual property owners. What are the justifications for this? What are the implications for power and for justice of allowing this property form to range across social life? Can we look to traditional pro...
Article
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Climate change is a collective action problem that has often been analyzed as a Prisoner's Dilemma. States have an incentive to free ride on the efforts of others. Yet around the globe national and sub-national governments are introducing regulatory measures to reduce emissions that can be fairly characterized as unilateral actions. The US and Chin...
Article
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China's 12th Five-Year Plan (2011–2015) envisages that shale gas and coal will be central to its energy future. However, for China to meet the energy security and climate change objectives set out in its 12th Five-Year Plan it will be reliant on the widespread commercial deployment of two key technologies; hydraulic fracturing combined with horizon...
Technical Report
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In 1993 Australia passed legislation creating a system of registration for geographical indications (GIs) for wine, but not for non-wine food products. A GI (for example, Barossa Valley) indicates that a good possesses a special characteristic of some kind by virtue of its origin in a defined place. The policy question of whether Australia should i...
Article
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Modern trade negotiations have delivered a plethora of bilateral and regional preferential trade agreements (PTAs), which involve considerable risk to public health, thus placing demands on governments to strengthen administrative regulatory capacities in regard to the negotiation, implementation and on-going management of PTAs. In terms of risk ma...
Book
The field of intellectual property has broadened and deepened in so many ways, and at such pace, that there is a tendency for academic commentators to focus on the next new thing, or to react immediately to judicial developments, rather than to reflect more deeply on the greater themes of the discipline. The Kritika: Essays on Intellectual Property...
Chapter
Indonesia faces a huge challenge in continuing the development of its economy while reducing its greenhouse gas (GHG) emissions at the same time. Using examples from the energy sector, which is the backbone of the country’s economy as well as one of the largest contributors of GHG emissions, this chapter examines the climate-energy nexus in Indones...
Article
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Regulatory capitalism is a capitalist order in which actors, both state and non-state, use a wide array of techniques to influence market behaviour. Many actors find themselves in regulatory relationships, relationships in which they are sometimes the regulator and in other contexts the regulatee. Regulatory capitalism is characterized by webs of r...
Article
Full-text available
Geographical Indications (GIs) are intellectual property rights in placenames that evoke the typical qualities of agricultural products and foodstuffs that originate in particular districts. Presently, the EU is the dominant holder of protected GIs and the EU asserts that they are used extensively and effectively in EU countries as a rural and regi...
Book
Before colonization, Australian indigenous people had innovation systems for maintaining the health of ‘Country’. At their heart lay ancestral cosmologies that, for more than 50,000 years, had enabled indigenous people to adapt to their environment. These ancestral cosmologies were, and remain, the source of their intellectual property. After colo...
Book
The patent has emerged as a dominant force in 21st century economic policy. This book examines the impact of the BRICS and other emerging economies on the global patent framework and charts the phenomenal rise in the number of patents in some of these countries. © Frederick M. Abbott, Carlos M. Correa and Peter Drahos 2013. All rights reserved.
Article
Full-text available
Indonesia faces an energy trilemma on the energy security, climate change goals and energy poverty fronts. Policies that focus exclusively on one prong of the trilemma may lead to unacceptable consequences in the others. Conceiving the predicament as a trilemma will encourage a more unified approach to its problem solving. Successful management wil...
Article
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This chapter is a substantive introduction to a book 'Indigenous People's Innovation: Intellectual Property Pathways to Development' (ANU epress, 2012).
Article
The paper argues that China is building its capacity to grant, use and enforce patents. The same is true of Brazil and India. China has the greatest potential of scale of any developing country to use the patent system as a wealth-maximizing tool. The paper considers three questions. Can China make the patent system work for it? If so, how will the...
Article
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Peter Drahos is a Professor in the Regulatory Institutions Network, College of Asia Pacific, Australian National University and holds a Chair in Intellectual Property in the Centre for Commercial Law Studies, Queen Mary, London University.
Article
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The protection of traditional knowledge by means of intellectual property rights is one of the major concerns of international organizations. Less attention has been paid to the relationship between systems of indigenous innovation and intellectual property. Using Australia as a case study, the paper argues that indigenous innovation systems are lo...
Article
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Does the evolution of the intellectual property regime hold any lessons for the climate change regime? The paper argues that the architecture of the intellectual property regime recognizes the complexity of free-riding behaviour and divides the problem amongst a number of treaties. The integration of intellectual property trade standards into the t...
Article
Does the evolution of the intellectual property regime hold any lessons for the climate change regime? The paper argues that the architecture of the intellectual property regime recognizes the complexity of free-riding behaviour and divides the problem amongst a number of treaties. The integration of intellectual property trade standards into the t...
Article
Can we harness intellectual property institutions for the purpose of innovating to save the world from the worst climate change scenarios? The standard optimization view of intellectual property suggests that intellectual property can play an important role. The paper argues that the standard view ignores real-world problems of opportunistic uses o...
Article
Does the evolution of the intellectual property regime hold any lessons for the climate change regime? The paper argues that the architecture of the intellectual property regime recognizes the complexity of free riding behaviour and divides the problem amongst a number of treaties. The integration of intellectual property trade standards into the t...
Book
Full-text available
Patent offices around the world have granted millions of patents to multinational companies. Patent offices are rarely studied and yet they are crucial agents in the global knowledge economy. Based on a study of forty-five rich and poor countries that takes in the world's largest and smallest offices, Peter Drahos argues that patent offices have be...
Article
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The paper argues that China and the US will have to develop an integrated approach to the climate change, energy and intellectual property regimes if both countries are to respond to the problem of climate change in time. It suggests that probably not enough is being invested in the basic R&D of carbon capture and storage (CCS) for CCS to arrive in...
Article
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The world's major patent offices have over the last few decades shown increasing levels of cooperation and trust. The increased level of cooperation can be explained in terms of common workload problems facing the offices and the demands of major users for greater efficiency. Increasing levels of trust amongst offices occur most strongly through ex...
Chapter
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Per~aps the great~st ~?~tie.r for the stt~y of law in society is the global. The production and ~mtenance of law m Its global dimensions has generated new forms of interaction mterdepende~c.e, and inre:national institution building. Students and scholars seekin; fo~er for ex~1tmgnew projects are drawn to a topic as ripe and intriguing as globalizat...
Article
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The grant of a patent is not a reward. Rather it is an opportunity for the patent owner to pursue profits using the patent monopoly to exclude competition. Profit-maximising patent owners focus their monopoly powers on markets in which profits are the greatest. In the case of patents over medical products this leads to well known problems of access...
Article
Patent rules matter to the structure and evolution of pharmaceutical markets. If they did not, pharmaceutical multinationals would not spend resources on their globalization and content. The role of pharmaceutical multinationals in shaping the patent provisions of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) ha...
Article
The paper outlines the connections that have developed amongst the Trilateral Patent Offices and then one of those offices (the European Patent Office) and developing country patent offices. It argues that a relationship of technocratic trust exists between the EPO and developing country patent offices. The consequences of this for pharmaceutical p...
Article
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After the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) came into operation in 1995 developing countries have found themselves in a process of continual negotiation over intellectual property rights and access to medicines. These negotiations have taken place in the World Trade Organization and in the context of fre...
Article
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In view of the possibility of a human pandemic of avian influenza, a first-line strategy for many countries is stockpiling of antiviral neuraminidase inhibitors (oseltamivir [Tamiflu] and zanamivir [Relenza]), which can reduce mortality, morbidity and influenza transmission. However, global supply of the antivirals is controlled by the European-bas...
Article
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The paper begins by advancing reasons for why freedom of design over property rights matters to countries. It shows that the international regime for intellectual property protection is increasingly circumscribing the freedom of developing countries to set efficient standards of protection for their economies. The bulk of the paper is devoted to el...
Article
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The report examines the extent to which developing countries influence outcomes in the international intellectual property standard-setting process. It concludes that developing countries have comparatively little influence. The main reason lies in the continued use of webs of coercion by the US and EU, both of which remain united on the need for s...
Article
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On 1 January 2005, a controversial trade agreement entered into force between Australia and the United States. Though heralded by the parties as facilitating the removal of barriers to free trade (in ways not achievable in multilateral fora), it also contained many trade-restricting intellectual property provisions and others uniquely related to al...
Article
Full-text available
On 1 January 2005, a controversial trade agreement entered into force between Australia and the United States. Though heralded by the parties as facilitating the removal of barriers to free trade (in ways not achievable in multilateral fora), it also contained many trade-restricting intellectual property provisions and others uniquely related to al...
Article
Full-text available
The article argues that we live in a world in which nodal forms of governance are commonplace. Nodal governance is an elaboration of contemporary network theory explaining how a variety of actors operating within social systems interact along networks to govern the systems they inhabit. We draw upon Hayek to argue that any collectivity can be seen...
Article
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The Australia-United States Free Trade Agreement (AUSFTA) contains major concessions to the US pharmaceutical industry that may undermine the egalitarian principles and operation of the Pharmaceutical Benefits Scheme (PBS) and substantially increase the costs of medicinal drugs to Australian consumers. AUSFTA's approach to the PBS excessively empha...
Article
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Australia did poorly in several key areas of the recently completed free trade agreement with the US. It failed to insulate the Pharmaceutical Benefits Scheme (PBS) from significant change, and conceded to increased intellectual property standards. The PBS, as a system of effective bargaining with multinational pharmaceutical firms, has been deeply...
Article
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The paper examines the complex ways in which public goods are regulated. The provision and distribution of public goods is deeply affected by the degree of excludability of those goods and the regulatory context of that excludability. Using a decentered conception of regulation, the paper shows through various examples how state and non-state actor...
Article
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Undermines Australian public health and protects US interests in pharmaceuticals On 4 March 2004 Australia and the United States released the text of a bilateral trade agreement designed to reduce trade barriers between the countries.1 Surprisingly, the Australian pharmaceutical benefits scheme (the national drug subsidy programme operated by the...
Article
This chapter analyses two aspects of the regulation of property. The first line of analysis begins by treating the technique of private law as a regulatory technique. It then moves on to ask whether the technique is efficient when it comes to regulating property and markets. Contract and property are intimately linked and so it is natural to ask th...
Article
The paper identifies the sources of regulatory complexity that lie behind the management of innovation, intellectual property, competition law and technical standard setting processes. It then introduces the remaining papers in the Special Issue. These papers focus on aspects of regulatory complexity in the Australian and New Zealand context. Taken...
Article
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The article distinguishes three categories of hope: private, collective, and public. Public hope is hope that is invoked by political actors in relation to a societal goal of some kind. The article argues that public hope is the most dangerous kind of hope. The argument is developed using the recent history of trade negotiations between the United...
Article
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The efficiency and distributive effects of the global knowledge economy are deeply affected by the rules of intellectual property. The present article describes how these rules were globalized by a small group of individuals in the 1980s. This group developed a strategy that was driven by a single idea-US intellectual-property standards could be im...
Article
Full-text available
The efficiency and distributive effects of the global knowledge economy are deeply affected by the rules of intellectual property. This article describes how these rules were globalised by a small group of individuals in the 1980s. This group developed a strategy that was driven by a single idea that US intellectual property standards could be impo...
Article
Full-text available
When a developing country negotiates with a large developed country it generally faces the problem of unequal bargaining power. Within the context of trade negotiations forming coalitions is one natural response to this. However, even in multilateral contexts the sources of bargaining power still operate to advantage the large developed state and d...
Article
2 Law, Research School of Social Sciences, Australian National University, Australia
Article
Zero tolerance and public shaming are increasingly advocated for both crimes of the powerless and crimes of the powerful. In this essay we argue against zero tolerance with respect to both kinds of crime. However, we defend naming and shaming with respect to crimes of the powerful. Part I of the paper begins from the assumption that both zero toler...
Article
Zero tolerance and public shaming are increasingly advocated for both crimes of the powerless and crimes of the powerful. In this essay we argue against zero tolerance with respect to both kinds of crime. However, we defend naming and shaming with respect to crimes of the powerful. Part I of the paper begins from the assumption that both zero toler...
Chapter
Why did England in the seventeenth century begin a journey that would lead it to economic growth and empire while Spain began one that would lead to its economic contraction? One suggestion is that the long run performance of economies has much to do with efficiently defined property rights (North, 1990). Designed in the right way property rights w...
Book
Cambridge Core - International Trade Law - Global Business Regulation - by John Braithwaite
Book
Across an amazing sweep of the critical areas of business regulation - from contract, intellectual property and corporations law, to trade, telecommunications, labour standards, drugs, food, transport and environment - this book confronts the question of how the regulation of business has shifted from national to global institutions. Based on inter...
Article
Full-text available
Based on a large empirical study of the globalization of business regulation, John Braithwaite and Peter Drahos show that both races to the bottom and races to the top are common in the world system. The focus is on understanding ratcheting up mechanisms. Can health NGOs put these to work to lift public health standards globally?Development (1999)...

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Projects

Projects (3)
Project
The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series published by Edward Elgar that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.
Project
The goal is to introduce students to theories of regulation and governance. Publication due early 2017.