Intellectual Property And Free Trade Agreements In The Asia Pacific Region

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Intellectual Property and Free Trade Agreements in the Asia-Pacific Region

Author : Christoph Antons,Reto M. Hilty
Publisher : Springer
Page : 438 pages
File Size : 44,7 Mb
Release : 2014-12-05
Category : Law
ISBN : 9783642308888

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Intellectual Property and Free Trade Agreements in the Asia-Pacific Region by Christoph Antons,Reto M. Hilty Pdf

This book is highly topical. The shift from the multilateral WTO negotiations to bilateral and regional Free Trade Agreements has been going on for some time, but it is bound to accelerate after the WTO Doha round of negotiations is now widely regarded as a failure. However, there is a particular regional angle to this topic as well. After concluding that further progress in the Doha round was unlikely, Pacific Rim nations recently have progressed with the negotiations of a greatly expanded Trans-Pacific Partnership Agreement that includes industrialised economies and developed countries such as the United States, Japan, Australia and New Zealand, recently emerged economies such as Singapore, but also several developing countries in Asia and Latin America such as Malaysia and Vietnam. US and EU led efforts to conclude FTAs with Asia-Pacific nations are also bound to accelerate again, after a temporary slowdown in the negotiations following the change of government in the United States and the expiry of the US President’s fast-track negotiation authority. The book will provide an assessment of these dynamics in the world’s fastest growing region. It will look at the IP chapters from a legal perspective, but also put the developments into a socio-economic and political context. Many agreements in fact are concluded because of this context rather than for purely economic reasons or to achieve progress in fields like IP law. The structure of the book follows an outline that groups countries into interest alliances according to their respective IP priorities. This ranges from the driving forces of the EU, US and Japan, via Asia-Pacific resource-rich but IP poor economies such as Australia and New Zealand, recently emerged economies with strong IP systems such as Singapore and Korea to leading developing countries such as China and India and ‘second tier industrializing economies’ such as Thailand, Malaysia and Indonesia.

Making Copyright Work for the Asian Pacific

Author : Susan Corbett,Jessica Lai
Publisher : ANU Press
Page : 325 pages
File Size : 46,6 Mb
Release : 2018-10-22
Category : Law
ISBN : 9781760462390

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Making Copyright Work for the Asian Pacific by Susan Corbett,Jessica Lai Pdf

This book provides a contemporary overview of developing areas of copyright law in the Asian Pacific region. While noting the tendency towards harmonisation through free trade agreements, the book takes the perspective that there is a significant amount of potential for the nations of the Asian Pacific region to work together, find common ground and shift international bargaining power. Moreover, in so doing, the region can tailor any regional agreements to suit local needs. The book addresses the development of norms in the region and the ways in which this can occur in light of the specific nature of the creator–owner–user paradigm in the region and the common interests of Indigenous peoples.

Regional Cooperation and Free Trade Agreements in Asia

Author : Jiaxiang Hu,Matthias Vanhullebusch
Publisher : Martinus Nijhoff Publishers
Page : 431 pages
File Size : 50,5 Mb
Release : 2014-09-12
Category : Business & Economics
ISBN : 9789004279902

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Regional Cooperation and Free Trade Agreements in Asia by Jiaxiang Hu,Matthias Vanhullebusch Pdf

Regional Cooperation and FTA's in Asia examines the opportunities and challenges arising from the proliferation of FTA's in Asia.

Intellectual Property Harmonisation Within ASEAN and APEC

Author : Christopher Heath
Publisher : Kluwer Law International B.V.
Page : 275 pages
File Size : 52,5 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041122926

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Intellectual Property Harmonisation Within ASEAN and APEC by Christopher Heath Pdf

In several major areas of international trade'particularly software and technology transfer'a harmonised regime of intellectual property law is a crucial prerequisite to success. Yet this legal concept appears to be extraordinarily difficult to establish on any agreed-upon basis among countries. And nowhere has the sought-for harmonisation proven more intractable than in the countries of the Asia Pacific region. Intellectual Property Harmonisation in ASEAN and APEC investigates the complex issues that lie at the root of this major block to the unhampered global flow of commerce based on intangible assets. By highlighting the background of Asian legal systems, both in terms of culture and intellectual property systems, the authors suggest how the current obstacles towards greater harmonisation and integration may be overcome. Defining the accepted principles enshrined in TRIPS, the Paris Convention, and other international agreements, the presentation describes the relatively successful European experience and then goes on to develop strategic variations geared to relate more precisely to harmonisation, integration and co-operation in the East Asian region. Among the important elements of the problem (and its potential solutions) discussed in this book are the following: the strong influence of legal culture in the different Asian countries;the limits of IP harmonisation in Europe;the importance of understanding the political and cultural perceptions that prevail in the various Asian countries;the non-uniform approach of different Asian countries due in part to bilateral free trade agreements; andthe experience of patent office cooperation and its potential as a model for smaller countries. The contributing authors have all worked in the IP field for more than a decade and have followed closely the developments of intellectual property law since the advent of the TRIPS Agreement. Their collective expertise includes both academic and practical considerations on IP harmonisation. Intellectual Property Harmonisation in ASEAN and APEC will be of great value and interest to policymakers seeking effective enforcement of intellectual property rights, to international lawyers counseling clients on Asia, and to academics working in the fields of intellectual property or Asian law. MAX PLANCK SERIES ON ASIAN INTELLECTUAL PROPERTY LAW 10

Trans-Pacific Partnership Agreement

Author : Ian F. Fergusson
Publisher : DIANE Publishing
Page : 19 pages
File Size : 48,6 Mb
Release : 2010-11
Category : Business & Economics
ISBN : 9781437936964

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Trans-Pacific Partnership Agreement by Ian F. Fergusson Pdf

The Trans-Pacific Partnership Agreement (TPP) is a free trade agreement that includes nations on both sides of the Pacific. The existing TPP, which originally came into effect in 2006, consists of Brunei, Chile, New Zealand, and Singapore. The U.S., Peru, Australia, and Vietnam have committed themselves to joining and expanding this group. Contents of this report: (1) Origins; (2) Existing and Potential Membership; (3) Congressional Reactions to the TPP; (4) U.S. Objectives and Interests; (5) Context with Other Regional Architectures; (6) U.S. Trade with Current Trans-Pacific Partner Countries; (7) Controversies: Agr. Products; Dairy; Beef; Intellectual Property Rights; Environ. and Labor; Pharmaceuticals; Gov¿t. Procurement; Trade Promotion Authority.

A Geo-Economic Turn in Trade Policy?

Author : Johan Adriaensen,Evgeny Postnikov
Publisher : Springer Nature
Page : 372 pages
File Size : 54,5 Mb
Release : 2022-02-05
Category : Political Science
ISBN : 9783030812812

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A Geo-Economic Turn in Trade Policy? by Johan Adriaensen,Evgeny Postnikov Pdf

Contemporary trade policy is increasingly framed in geo-strategic terms. But how much of that rhetoric is reflected in actual policy choices by the EU or its trading partners? This book provides a first systematic study of the broader international context in which EU trade agreements are conceived, negotiated, and designed. Building on a refined conceptualisation of geo-economics, the book develops a cogent framework that combines insights from scholarship on the design of free trade agreements with ideas from foreign policy analysis. Empirically, the analysis focuses on the relations between the EU and the Asia-Pacific. Following the United States’ pivot to Asia and the EU’s Global Europe strategy, China’s backyard has become the main arena in which global powers’ geo-economic strategies overlap. Building on a series of case-studies, combining the perspectives from the EU and its trading partners, the book shows that the rhetoric of geo-economic competition is yet to catch up with the actual negotiation and design of free trade agreements. This volume will be of great interest to scholars, students and practitioners who want to gain a holistic understanding of contemporary trade negotiations.

Free Trade Agreements in the Asia Pacific

Author : Christopher Charles Findlay
Publisher : World Scientific
Page : 332 pages
File Size : 43,7 Mb
Release : 2010
Category : Business & Economics
ISBN : 9789814271394

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Free Trade Agreements in the Asia Pacific by Christopher Charles Findlay Pdf

Free Trade Agreements (FTAs) have proliferated in East Asia as regional economies rush to catch up with the rest of the world OCo but what difference do they make? This book answers that question by providing an up-to-date assessment of the quality and impact of FTAs in the region. Featuring a collection of papers originally written for the prestigious Research Institute for Economy, Trade and Industry (RIETI) in Tokyo, it presents contemporary analysis and insights into the evolution of recent FTAs. The book is suitable for use by trade policy negotiators, policy analysts, and people developing business strategies in organizations, as well as graduate students and researchers in the field. Sample Chapter(s). Chapter 1: Rules of Origin and Agricultural Trade Liberalisation in Major Free Trade Agreements (249 KB). Contents: Rules of Origin and Agricultural Trade Liberalisation in Major Free Trade Agreements (I Cheong & J Cho); Services in Free Trade Agreements (R Ochiai et al.); Analysis of the Restrictions on Foreign Direct Investment in Free Trade Agreements (S Urata & J Sasuya); A Comparison of the Safeguard Mechanisms of Free Trade Agreements (A Kotera & T Kitamura); Assessing the Economic Impacts of Free Trade Agreements: A Computable Equilibrium Model Approach (K Abe); The Impacts of Free Trade Agreements on Trade Flows: An Application of the Gravity Model Approach (S Urata & M Okabe); On the Use of Free Trade Agreements by Japanese Firms (K Takahashi & S Urata); Impacts of Japanese FTAs/EPAs: Preliminary Post Evaluation (M Ando). Readership: Graduate students and researchers in international trade; trade policy negotiators; policy analysts; business strategy developers."

Bilateral Trade Agreements in the Asia-Pacific

Author : Vinod Aggarwal,Shujiro Urata
Publisher : Routledge
Page : 332 pages
File Size : 41,5 Mb
Release : 2013-06-17
Category : Business & Economics
ISBN : 9781136633454

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Bilateral Trade Agreements in the Asia-Pacific by Vinod Aggarwal,Shujiro Urata Pdf

The Asia-Pacific region has witnessed a rapid rise in bilateral preferential trade agreements at the beginning of the twenty-first century. This trend could have potentially dramatic effects on the trading patterns of countries in the transpacific region and beyond. Some argue that these accords will spur multilateral negotiations, while others believe that they will irreparably damage the trading system. Bilateral Trade Agreements in the Asia-Pacific examines the underlying political and economic factors driving these accords, based on a novel theoretical framework. Experts then provide overviews of political and economic trends in the region as well as detailed analysis of the trade strategies of Japan, China, Singapore, South Korea, Malaysia, Taiwan, Thailand, the United States and Mexico. By systematically evaluating and assessing the driving forces underlying the turn to bilateral trade agreements in the Asia-Pacific, this book provides the first comprehensive analysis of this crucial phenomenon. Growing numbers of countries both in the region and elsewhere in the world are now considering further negotiation of bilateral trade accords. Understanding how these arrangements will fit or conflict with existing institutions in the Asia-Pacific and the WTO makes this book imperative reading for policy-makers and scholars.

Paradigm Shift in International Economic Law Rule-Making

Author : Julien Chaisse,Henry Gao,Chang-fa Lo
Publisher : Springer
Page : 515 pages
File Size : 55,8 Mb
Release : 2017-11-13
Category : Law
ISBN : 9789811067310

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Paradigm Shift in International Economic Law Rule-Making by Julien Chaisse,Henry Gao,Chang-fa Lo Pdf

The TPP was negotiated among 12 economically diverse countries, including some most highly developed and rich countries (i.e., the United States, Japan, Australia, Canada, New Zealand, and Singapore), some newly industrialized countries (i.e., Mexico and Malaysia), and some less-developed countries (i.e., Peru, Chile, and Vietnam). A new paradigm created in this context is that countries with vastly different economic developments can actually agree on a set of very high standards to regulate their economic activities, to liberalize their trade, and to protect intellectual property and foreign investment. The contents of the TPP also reflect its status of being a “new paradigm” as the “21st-Century Trade Agreement” and being a pioneer in rule making in many key regulatory areas. These include not only the improved and enhanced rules on traditional issues already covered by the WTO , such as goods, services, and IP rights, but also the carefully designed rules in areas that have never been addressed in the WTO or comprehensively covered in other FTAs , such as state-owned enterprises, electronic commerce, and labor and environmental issues. Although the United States has withdrawn from the TPP, the remaining countries are still putting efforts into establishing a TPP without the United States or a TPP with China. Economically speaking, the current 11 parties account for about 20 % of the global economy. If such agreement is put into force, there will be significant implications for the region, for the multilateral system, and even for other FTAs. The book addresses the potential of the TPP to change the ways trade and investments are conducted and argues for its potential to be the start of an international trade/economic law revolution. The book elaborates the relationship between the TPP and other existing trade agreements such as the WTO and other FTAs and explains how the TPP is to deal with traditional and new issues. Taken together, the authors argue that the implications of the TPP go beyond its current membership. It is hoped that the book will make an important contribution to the field of international economic law.

The Future of Asian Trade Deals and IP

Author : Kung-Chung Liu,Julien Chaisse
Publisher : Bloomsbury Publishing
Page : 317 pages
File Size : 54,8 Mb
Release : 2019-11-28
Category : Law
ISBN : 9781509922789

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The Future of Asian Trade Deals and IP by Kung-Chung Liu,Julien Chaisse Pdf

The first part of this open access book sets out to re-examine some basic principles of trade negotiation, such as choosing the right representatives to negotiate and enhancing transparency as a cure to the public's distrust against trade talks. Moreover, it analyses how the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP) might impact on the Regional Comprehensive Economic Partnership's (RCEP) IP chapter and examines the possible norm setters of Asian IP. It then focuses on the People's Republic of China's (PRC) trade and IP strategy against the backdrop of the power games between the PRC, India and the US. The second part of the book reflects on issues related to investor–state dispute settlement and its relationship with IP, such as how to re-calibrate the balance in international investment arbitration, and whether compulsory license of IP constitutes expropriation in India, the PRC and select ASEAN countries. The third part of the book questions and strives to improve some of the proposed IP provisions of CPTPP and RCEP and to redefine some aspects of international IP norms, such as: pre-grant patent opposition and experimental use exception; patent term extension; patent linkage and data exclusivity for the pharmaceutical sector; plant variety protection; pre-established damages for copyright infringement; and the restructuring of copyright limitations in the public interest. The open access edition of this book is available under a CC BY-NC-ND 3.0 licence on www.bloomsburycollections.com. Open access was funded by the Applied Research Centre for Intellectual Assets and the Law in Asia, School of Law, Singapore Management University.

Intellectual Property & Free Trade Agreements

Author : Christopher Heath,Anselm Kamperman Sanders
Publisher : Bloomsbury Publishing
Page : 248 pages
File Size : 41,9 Mb
Release : 2007-12-11
Category : Law
ISBN : 9781847313997

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Intellectual Property & Free Trade Agreements by Christopher Heath,Anselm Kamperman Sanders Pdf

Intellectual Property and Free Trade Agreements presents the papers of the sixth IP conference organised by the Macau Institute of European Studies (IEEM) on intellectual property law and the economic challenges for Asia. The objective of the conferences is to provide up-to-date information on developments in global intellectual property law and policy and their impact on regional economic and cultural development. The current volume deals with the implications of free trade agreements for the international framework of intellectual property law, a topic of enormous economic and legal importance given the increasing number of free trade agreements in force or under negotiation.

Regional Trade Agreements in Asia

Author : Van Hoa Tran,Charles Harvie
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 41,5 Mb
Release : 2008-01-31
Category : Business & Economics
ISBN : 1782543503

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Regional Trade Agreements in Asia by Van Hoa Tran,Charles Harvie Pdf

Tran Van Hoa and Charles Harvie present this timely and original study of the likely effects of new regional developments in Asia.

Free Trade Agreements

Author : Lillian Corbin,Mark Perry
Publisher : Springer
Page : 161 pages
File Size : 51,6 Mb
Release : 2018-10-29
Category : Law
ISBN : 9789811330384

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Free Trade Agreements by Lillian Corbin,Mark Perry Pdf

This book brings together international perspectives on free trade issues that affect civil society from the general populace to the governments of nations, and is relevant not only for lawyers, but also policymakers, international actors and businesses, as well as those with a general interest in free trade agreements. The book examines the manifestation of the concept of free trade in agreements, such as the Trans-Pacific Partnership (TPP), Regional Comprehensive Economic Partnership (RCEP), and China-Australia Free Trade Agreement (ChAFTA). It asks whether such agreements are entered into for the purposes of enhancing trading relationships between partner nations, strengthening commercial ties, and fostering economic growth; or are they sometimes used merely for local political outcomes of the most influential nations.

The Trans-Pacific Partnership

Author : Matthew Rimmer
Publisher : Edward Elgar Publishing
Page : 616 pages
File Size : 50,6 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781788973328

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The Trans-Pacific Partnership by Matthew Rimmer Pdf

This book considers the impact of the Trans-Pacific Partnership [TPP] on intellectual property and trade. The book focuses upon the debate over copyright law, intermediary liability, and technological protection measures. The text examines the negotiations over trade mark law, cybersquatting, geographical indications and the plain packaging of tobacco products. It explores the debate over patent law and access to essential medicines, data protection and biologics, and the protection of trade secrets. In addition, the book investigates the treatment of Indigenous intellectual property, access to genetic resources, and plant breeders’ rights.

Asian Free Trade Agreements

Author : United States. Congress. House. Committee on International Relations
Publisher : Unknown
Page : 36 pages
File Size : 47,9 Mb
Release : 2006
Category : Business & Economics
ISBN : STANFORD:36105050437834

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Asian Free Trade Agreements by United States. Congress. House. Committee on International Relations Pdf