| Summary: | The phenomenon of patent war in smartphone industry has become one of important issue recently. It especially when Apple Inc. has won its biggest prize over its opponent, Samsung Co., Ltd, on patent dispute in San Jose, California district court. The patent war it self is not only happening in U.S. but also spreading across four continents. However, even though the global regime of Intellectual Property Rights has been established in the form of Trade Related-Aspects of Intellectual Property Rights (TRIPs), many courts have taken different decision over this dispute, with Californian court giving the biggest won to Apple. As a result the big win that Apple got in U.S. has raised the assumption that there was a protectionism measurement have been done. This assumption therefore, make the state involved in this dispute and brought this matter not only stand in law dimension, but also in political economy dimension. With the undergoing global economic crisis, the indication of protectionism has become more obvious as the state were stressed with their domestic economic condition. Protectionism then chosen as a policy even not in its traditional form.
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