Capitán América: The Impact of TRIPS on the Cultural Trade Balance in Latin America

Authors

Laurann Johnson Kirschner, Belmont University - College of Law

Abstract

This Note will discuss the cultural implications of TRIPS-mandated copyright structures on developing countries in Latin America and suggest implementation of co-production schemes across the region which will capitalize on Latin American countries’ particular strengths in common language and cultural proximity. Part I will discuss the terms of TRIPS itself, and shed light on how it changed the landscape of trade in cultural goods around the world. In turn, Part II will demonstrate how TRIPS contributes to the homogenization of cultural goods consumption by making it increasingly expensive for developing countries to compete on the world market, thereby creating an economically inefficient model for trade, and rendering developing markets net importers of cultural goods by a wide margin. Finally, Part III will recommend a cross-border solution through which Latin America can capitalize on its resources through co-production agreements with other countries, consequently fostering greater cultural output from the region within the parameters of TRIPS.

Recommended Citation

Kirschner, Laurann Johnson (2018) "Capitán América: The Impact of TRIPS on the Cultural Trade Balance in Latin America," Belmont Law Review: Vol. 5: Iss. 1, Article 12.
Available at: https://repository.belmont.edu/lawreview/vol5/iss1/12