Intellectual Property Rights And International Trade
Intellectual Property Rights And International Trade Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Intellectual Property Rights And International Trade book. This book definitely worth reading, it is an incredibly well-written.
Intellectual Property Rights and International Trade by Shayerah Ilias,Ian F. Fergusson Pdf
Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.
Author : Carlos M. Correa,Abdulqawi A. Yusuf Publisher : Kluwer Law International B.V. Page : 586 pages File Size : 41,9 Mb Release : 2016-06-27 Category : Law ISBN : 9789041166586
Intellectual Property and International Trade: The TRIPS Agreement by Carlos M. Correa,Abdulqawi A. Yusuf Pdf
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPR). Compared to prior IPR conventions, TRIPS constitutes a major qualitative leap which radically modifies not only the context in which IPR are considered internationally, but also their substantive content and the methods for their enforcement and dispute settlement. This much-welcomed treatise, now in its third edition, thoroughly updates its comprehensive analysis of the substantive provisions of the Agreement and their actual interpretation and application in different jurisdictions, with new material on the burgeoning case law and on major changes in plant variety protection. As in previous editions, the book may be relied upon for in-depth clarification of such matters as the following: • standards established under the agreement; • enforcement measures; • social and legal issues; • legal and policy possibilities offered; • legislative latitude allowed to WTO Member States; • incorporation of TRIPS into domestic law; • protection of integrated circuit design; • protection of innovation and R&D for diseases that disproportionately affect developing countries; • challenges raised by ongoing technological changes; • access to medicines; • protection of confidential (undisclosed) information; and • interface between competition law and intellectual property protection. With fifteen chapters contributed by a distinguished panel of experts representing diverse parties — international organisations, legal practice, government policy, and academia — the third edition offers an incomparable framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Thoroughly revised and updated, the third edition will be of great value to all professionals and business people concerned with international trade. It stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the Agreement and the loose ends that may need consideration in the future at the national or international level.
Intellectual Property Rights by Evelyn P. Gilbert Pdf
Intellectual property rights (IPR) are legal rights granted by governments to encourage innovation and creative output by ensuring that creators reap the benefits of their inventions or works. They may take forms such as patents, trade secrets, copyrights, trademarks, or geographical indications. Congress has constitutional responsibility for legislating and overseeing IPR and international trade policy. Responsibility for developing IPR policy, engaging in IPR-related international negotiations, and enforcing IPR laws cuts across multiple U.S. government agencies. This book provides background on IPR and discusses the role of U.S. international trade policy in enhancing IPR protection and enforcement abroad. This book also describes Customs and Border Protection's (CBP) processes for enforcing exclusion orders; and assesses CBP's management of its enforcement process at ports of entry.
Author : Keith E. Maskus,Carsten Fink Publisher : World Bank Publications Page : 360 pages File Size : 49,7 Mb Release : 2005-01-01 Category : Law ISBN : 0821383485
Intellectual Property and Development by Keith E. Maskus,Carsten Fink Pdf
International policies toward protecting intellectual property rights have seen profound changes over the past two decades. Rules on how to protect patents, copyright, trademarks and other forms of intellectual property have become a standard component of international trade agreements. Most significantly, during the Uruguay Round of multilateral trade negotiations (1986-94), members of what is today the World Trade Organization (WTO) concluded the Agreement on Trade Related Intellectual Property Rights (TRIPS), which sets out minimum standards of protection that most of the world's economies have to respect. How will developing countries fare in this new international environment? Intellectual Property and Development brings together empirical research that assesses the effects of changing intellectual property regimes on various measures of economic and social performance - ranging from international trade, foreign investment and competition, to innovation and access to new technologies. The studies presented point to an important development dimension to the protection of intellectual property. But a one-size fits all approach to intellectual property is unlikely to work. There is need to adjust intellectual property norms to domestic needs, taking into account developing countries' capacity to innovate, technological needs, and institutional capabilities. In addition, governments need to consider a range of complementary policies to maximize the benefits and reduce the costs of reformed intellectual property regulations. This book will be of interest to students and scholars of international law, particularly in the area of intellectual property rights, international trade, and public policy.
Intellectual Property Rights and International Trade by Alan W. Osling Pdf
This book provides background on intellectual property rights (IPR) and discusses the role of U.S. international trade policy in enhancing IPR protection and enforcement abroad. IPR are legal rights granted by governments to encourage innovation or works and they may take the form of patents, trade secrets, copyrights, trademarks, or geographical indications. U.S. industries that rely on IPR contribute significantly to U.S. economic growth, employment, and trade with other countries. Counterfeiting and piracy in other countries may result in the loss of billions of dollars of revenue for U.S. firms as well as the loss of jobs.
Intellectual Property, Public Policy and International Trade by Inge Govaere,Hanns Ullrich Pdf
The rising importance and continuous expansion of intellectual property protection quite naturally goes together with increasing concern about the legal and political foundations of such enhanced protection. Nowhere does the basic equation which underlies intellectual property, namely that the pursuit of short term private interest by the holders of such property will satisfy the public interest in the long term, become both more visible, but also questionable than at the crossroads between the grant and enforcement of exclusive rights with international trade. Catchphrases, such as patent protection and access to essential medicines, or access to genetic resources, benefit sharing and economic development, stand for fundamental tensions and conflicts between private property and the public interest. This book presents the contributions that have been made on these and related topics by a group of internationally renowned experts at a workshop held at the College of Europe, Bruges.
WTO by Peter-Tobias Stoll,Jan Busche,Katrin Arend Pdf
This commentary covers the entire TRIPs agreement. It adopts a comparative perspective in highlighting related and similar provisions and developments in other international and regional instruments.. It is designed to meet the needs both of the WTO and the intellectual property community.
Intellectual Property Rights as Obstacles to Legitimate Trade? by Christopher Heath,Anselm Kamperman Sanders,Anke Moerland Pdf
Intellectual Property Rights as Obstacles to Legitimate Trade helps to understand one of the underlying rationales of the TRIPS Agreement in light of some of the most pertinent IP issues. The WTO/TRIPS Agreement for the first time put IP rights in the context of trade rules, such as when does the exercise of IP rights become an unjustified burden to legitimate trade? Cases have arisen where IP rights are conferred, used, or enforced in a manner that arguably impedes trade, both in domestic and international contexts. This groundbreaking book is the first comprehensive assessment of this controversial area of trade law, shedding important new light on the underlying rationales of the TRIPS Agreement. With contributions by both practitioners and academics working in a range of countries, this book considers thorny issues in such areas as the following: – interpretation of ‘obstacles to legitimate trade’ in the context of GATT/ WTO jurisprudence; – separating markets by preventing parallel importation in the context of patents; – geoblocking – territorial separation of digital markets; – using trademarks to prevent competition; – geographical indications – protection of terms that are considered generic in certain domestic markets; – seizure of goods in transit; – ‘evergreening’ patents – attempts to extend the duration of patents; – rights to second-hand digital goods or content; – unjustified threats – towards appropriate standards of liability. Focusing on topical and under-researched areas of IP law, the contributors stimulate a discussion on an overarching concern that is not often addressed – how to assess whether the protection and enforcement of certain IP rights in particular situations should be classified as trade barriers. As an incisive analysis of the desirable balance between the exercise of IP rights and the demands of legitimate trade, this book will be welcomed by practitioners, lawmakers, policy advisers, and academics in both trade law and IP law.
The International Political Economy of Intellectual Property Rights by Meir Perez Pugatch Pdf
'This book is a substantial contribution to the discussion on trade-related intellectual property rights. It provides a clear, step-by-step, in-depth analysis of the TRIPS agreement, particularly as it relates to the European pharmaceutical industry. Politics, law and economics are judiciously blended. Meir Pugatch's work should be read not just by academic experts and students in the field, but also by trade policy and IPR practitioners interested in an accessible, policy-relevant treatment of the issues at hand.' - Razeen Sally, London School of Economics and Political Science, UK This book investigates the realm of intellectual property rights (IPRs) within the context of international political economy. In particular, it examines the extent to which powerful interest groups, such as pharmaceutical multinational companies, influence the political dynamism underlying the field of IPRs. Meir Perez Pugatch argues that a pure economic approach does not provide a sufficient or satisfactory explanation for the creation of intellectual property rights, most notably patents. The author instead suggests that a dynamic approach, based on the international political economy of interest groups and systemic outcomes, provides a better starting point for explaining how the international intellectual property agenda is determined.
Intellectual Property Rights in a Fair World Trade System by Annette Kur Pdf
Intellectual Property law (IP) - particularly in relation to international trade regimes - is increasingly finding itself challenged by rapid developments in the technological and global economic landscapes. In its attempt to maintain a responsive legislative system that is interacting successfully with global trade rules, IP is having to respond to an increasing number of actors on an international level. This book examines the problems associated with this undertaking as well as suggesting possible revisions to the TRIPS agreement that would make it more relevant to the environment in which today's IP mechanisms are operating. The overall aim is to find an adequate response to the 'IP balance dilemma'. The theme is pursued throughout various topics, including a look at what this means in relation to economy in a country like China, and also considering how IP is increasingly having to reconcile itself with human rights issues.
Intellectual Property Rights and International Trade by Anonim Pdf
This report provides background on intellectual property rights (IPR) and discusses the role of U.S. international trade policy in enhancing IPR protection and enforcement abroad. IPR are legal rights granted by governments to encourage innovation and creative output by ensuring that creators reap the benefits of their inventions or works and they may take the form of patents, trade secrets, copyrights, trademarks, or geographical indications. U.S. industries that rely on IPR contribute significantly to U.S. economic growth, employment, and trade with other countries. Counterfeiting and piracy in other countries may result in the loss of billions of dollars of revenue for U.S. firms as well as the loss of jobs. Responsibility for developing IPR policy, engaging in IPR-related international negotiations, and enforcing IPR laws cuts across several different U.S. Government agencies.
International Trade And Intellectual Property by George R. Stewart Pdf
In light of current negotiations concerning NAFTA and GATT, the question of intellectual property and its impact on international trade has taken on renewed urgency. The recognition and enforcement of intellectual property rights in national jurisdictions can serve to encourage international trade and economic growth or can create barriers to free and open commercial exchange. In this timely volume, Canadian, American, and Mexican scholars examine these landmark agreements and reassess the effects of intellectual property rights on international trade. Focusing on trade and intellectual property policies and practices between and within North America and Europe, they address several key issues, including "gray marketing" in North American and European trading blocs, U.S. trade policy concerning enforcement of intellectual property rights, and dramatic changes in Mexican law regarding intellectual property. The volume is essential for scholars working in intellectual property rights, international trade, and the global economy. Policymakers and anyone wishing to stay current with world trade negotiations will also find this book useful.
Intellectual Property Rights in the WTO and Developing Countries by Jayashree Watal Pdf
Although it is common knowledge that the compliance of developing countries with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has become a serious stumbling block in the WTO agenda, the underlying reasons why this is so have not been dispassionately analyzed until the appearance of this book. Here, for the first time, is a thorough and secure foundation on which international trade lawyers and business people can build a global intellectual property regime that is both productive and fair. The implementation of the TRIPS regime with its enormous effect on national and global strategies for healthcare, agriculture, and the environment, among other crucial sectors of the world economy is clearly among the most critical projects currently under way in the field of international relations. As a former TRIPS negotiator for India, Jayashree Watal brings great authority to her account of the benefits and pitfalls of TRIPS compliance for developing countries. She provides a detailed understanding of how TRIPS was negotiated at the Uruguay Round, how various countries have implemented it so far, and how the WTO monitors compliance. She reveals how the WTO dispute settlement process has worked to date in matters involving TRIPS, and how it is likely to deal with new issues that arise. Most importantly, she explains how developing countries can interpret TRIPS to their best advantage, and how to ensure that the `constructive ambiguity' that characterizes the agreement remains flexible.
Trade Related Aspects of Intellectual Property Rights by Carlos Correa Pdf
The TRIPS Agreement is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, obliging all WTO Member States to meet minimum standards of intellectual property protection and enforcement. This has required massive changes in some national laws, particularly in developing countries. This volume provides a detailed legal analysis of the provisions of the TRIPS Agreement, as well as elements to consider their economic implications in different legal and socio-economic contexts. This book provides an in depth analysis of the principles and of the substantive and enforcement provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. It discusses the legal context in which the Agreement was negotiated, the objectives of their proponents and the nature of the obligations it created for the members of the World Trade Organization. In particular, it examines the minimum standards that must be implemented with regard to patents, trademarks, industrial designs, geographical indications, copyright and related rights, integrated circuits, trade-secrets and test data for pharmaceutical and agrochemical products. Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement elaborates on the interpretation of provisions contained in said Agreement, in the light of the customary principles for the interpretation of international law. The analysis -which is supported by a review of the relevant GATT and WTO jurisprudence- identifies the policy space left to such members to implement their obligations in accordance with their own legal systems and public policy objectives, including in respect of complex issues such as patentability criteria, compulsory licenses, exceptions and limitations to copyright, border measures, injunctive relief and the protection of test data under the discipline of unfair competition.
