The Interplay of Offshoring of Professional Services, Law, Intellectual Property, and International Organizations

The Interplay of Offshoring of Professional Services, Law, Intellectual Property, and International Organizations

Amar Gupta (Eller College of Management, USA), David A. Gantz (James E. Rogers College of Law - University of Arizona, USA), Devin Sreecharana (Collins, May, Potenza, Baran, & Gillespie, P.C., USA) and Jeremy Kreyling (The University of Arizona, USA)
DOI: 10.4018/jsita.2012040104
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Abstract

This paper covers four issues essential to understanding the interplay between law, the offshoring of professional services, intellectual property, and international organizations. First, this paper examines the extent to which evolving international conventions restrict the ability of countries, especially developed countries, to inhibit offshoring with the objective of protecting jobs at home. Second, it looks at statistics from independent sources to see if the U.S. ultimately benefits or loses when outsourcing occurs—i.e., whether offshoring exceeds insourcing, or vice versa, in the case of the U.S. Third, it cites specific examples to predict future legal trends in outsourcing. Fourth, it looks at the intellectual property aspects of outsourcing, and suggests equitable protection of intellectual property in an economy with increased offshoring.
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2. Outsourcing Under International Trading Rules

Virtually any nation that accedes to the World Trade Organization (WTO) agreements is required to take a number of specific steps toward facilitating freer trade. Most of these involve the reduction or elimination of trade barriers and opening of domestic markets and trading opportunities to foreign-owned firms. Acceding members in recent accessions have made such commitments for almost all product sectors and many service sectors as well. For most nations, agreeing to take these steps through an international treaty necessarily requires a variety of modifications to domestic law and the domestic legal system.

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