Intellectual Property Rights In A Fair World Trade System
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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 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.
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.
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.
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.
International Intellectual Property in an Integrated World Economy by Frederick M. Abbott,Thomas Cottier,Francis Gurry Pdf
International Intellectual Property in an Integrated World Economy, Fourth Edition by Frederick M. Abbott, Thomas Cottier, and Francis Gurry, provides a comprehensive treatment of the international intellectual property system across the spectrum of intellectual property rights and interests. It introduces the institutional architecture at the multilateral, regional/plurilateral, bilateral and national levels. For each form of IP, it addresses the technical legal rules and illustrative jurisprudence, as well as economic and social welfare implications. Each of the authors has played a role in the development and implementation of the international rules, and they bring their experience to bear in introducing students to the field. New to the Fourth Edition: The latest developments in bilateral and regional agreements regulating intellectual property, including NAFTA 2.0 (USMCA), CPTPP, and CETA Important new judicial decisions, including the U.S. Supreme Court decision adopting international exhaustion of patents and CJEU decisions addressing trademarks, geographical indications, and copyright Developments in IP and human rights; IP and competition law; and IP and health The WTO panel report in the Australia-Tobacco case Professors and students will benefit from: An approach to the international IP system that situates the rules within the broader context of international law and the public policy objectives that governments, industry, and interest groups are seeking to achieve Case law from international dispute settlement bodies, as well as from national and regional courts Discussion of patent, trademark, geographical indication, copyright, design, trade secret, and data protection; as well as plant variety protection, protection of genetic resources and traditional knowledge, and the role of open source An explanation of the new European Union Unitary Patent system Exploration of the increasingly important role of emerging market IP systems Materials to help students understand the disputes between the United States and China involving IP, investment, and transfer of technology Inclusion of important jurisprudential developments
National Research Council,Policy and Global Affairs,Office of International Affairs
Author : National Research Council,Policy and Global Affairs,Office of International Affairs Publisher : National Academies Press Page : 457 pages File Size : 51,8 Mb Release : 1993-02-01 Category : Political Science ISBN : 9780309048330
Global Dimensions of Intellectual Property Rights in Science and Technology by National Research Council,Policy and Global Affairs,Office of International Affairs Pdf
As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
Advanced Introduction to International Intellectual Property by Susy Frankel,Daniel K Gervais Pdf
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. This authoritative introduction provides a detailed overview of the complexities of the international intellectual property regime and the ways in which it operates. The authors cover the key international institutions and agreements that regulate and inform intellectual property at an international level such as the TRIPS Agreement, WIPO, WTO, the Paris Convention and the Berne Convention. The book serves as a platform to understand and contextualize policy discussions on topics such as public health, Internet regulation, as well as regional and bilateral trade treaties. Key features include: • Accessible and carefully summarized overview of the field • Comprehensive and up-to-date review of all major international intellectual property institutions and instruments • Introduces current issues within international IP negotiations • Provides tools to analyze the history and possible future development of international IP norms. Students, researchers, policy makers and practitioners of intellectual property will find this book to be an invaluable resource in gaining an understanding of the international rules and context in which both domestic and international IP policy issues should be understood.
Globalization and Intellectual Property by Alexandra George Pdf
Intellectual property laws have become intricately entwined with discussions about globalization. This volume deals with the politics, economics and effects of global intellectual propertization. It provides essays covering key issues including the international relations of global intellectual propertization, the TRIPS Agreement and the tying of intellectual property issues to international trade negotiations, contentions that global intellectual propertization is a form of post-colonial neo-imperialism, globalization's effects on intellectual property law's classic doctrines and rationales and the cultural effects of global intellectual propertization.
Intellectual Property by Petros Constantinos Mavroidis,Marion Panizzon Pdf
The incorporation of intellectual property protection into the WTO international trading system has been a milestone in international economic law and has added a new dimension to trade regulation & mdash; new rights and obligations and new challenges alike. The contributors, leading scholars and practitioners in the field, provide insights into the legal relationship of the TRIPs Agreement to the GATT 94 and the GATS. The book widens the debate with a thorough discussion on pending and unresolved relations of TRIPs, the WTO, UPOV, the Convention on Biodiversity and Farmers' Rights contained in the FAO International Undertaking, and efforts of the World Bank GCIAR system, including IPGRI. What will be the impact of TRIPs on ownership of plant genetic resources? Largely a victory for OECD countries, the present state of intellectual property rights has important implications for developing countries. The incorporation of intellectual property rights into the WTO system will eventually change the relationship of trade, competition, and intellectual property. It will equally have to assist in providing equitable sharing of benefits in the use of plant genetic resources. All of these issues are essential for the revision of exclusions from patenting in TRIPs. This volume offers insights into how this difficult task could and should be approached in a balanced manner and will be essential reading for economists and trade and intellectual property lawyers interested in the subject. Moreover, the volume will be relevant to agricultural economists as it addresses complex problems in the interstices of trade, intellectual property, plant genetic resources, and sustainable development. Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern. Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization. Marion Panizzon is Research Fellow, University of Bern. Simon Lacey is Research Fellow, University of Bern.
International Intellectual Property in an Integrated World Economy by Frederick M. Abbott,Thomas Cottier,Francis Gurry,Ryan B. Abbott,Mira Burri,Henning Grosse Ruse-Khan,Maegan McCann Pdf
"Law school casebook on intellectual property in a global context"--
Global Intellectual Property Law by Graham Dutfield,Uma Suthersanen Pdf
. . . the book is enlightening for practitioners who are often required to take into account global considerations when advising clients. . . It would be of particular interest to policy-makers in the intellectual property field. Australian Intellectual Property Law Bulletin Dutfield and Suthersanen have skillfully captured in one concise volume all the important things you need to know about international intellectual property law. The materials are accessible, timely, methodically presented and at times critical. The book s detailed, in-depth and comparative analyses provide helpful insights into the increasingly complex international intellectual property system. Global Intellectual Property Law is not only an effective textbook for students interested in the subject, but a desktop companion for policymakers and professionals who need a quick and up-to-date overview of global intellectual property issues. Peter K. Yu, Drake University, US and Zhongnan University of Economics and Law, China Today global intellectual property rules affect everything from poor people s access to essential medicines to farmers rights in seeds to access to knowledge on the Internet. But at the same time that pundits declare that intellectual property has come of age, this body of law is more contested than ever, with critics asking whether intellectual property is even necessary to stimulate innovation, and whether and how intellectual property ought to be tailored to address the health and developmental needs of the global South. Dutfield and Suthersanen s Global Intellectual Property Law is a timely and lucid contribution to the field. This tome covers every hot button area of international intellectual property law and policy, from debates over the affect of intellectual property on development, to controversy over biotechnology and property rights in life, to claims by indigenous people and developing countries for new property rights in traditional knowledge. Dutfield and Suthersanen describe the current terrain, comparing North American, European, and developing world approaches; much to their credit, they do not shy away from describing points of tension among global actors. Global Intellectual Property Law is a must have for scholars and practitioners in the field for whom, I anticipate, the book will become a trusted and oft-used reference on their bookshelf. The book is clearly written and engaging enough to be perfect for students or laypersons interested in acquiring a comprehensive and critical appraisal of the field. Madhavi Sunder, University of California, Davis, US Dutfield and Suthersanen have succeeded in writing an engaging treatise that offers a truly modern perspective on intellectual property today. With examples from every continent, from every level of jurisdiction (national, regional, international), their study covers all the traditional fundamentals of intellectual property law as well as the current critical interrogations that their development raises. It is a book with character. Ysolde Gendreau, Université de Montréal, Canada Global Intellectual Property Law by Dutfield and Suthersanen provides a broad overview of the issues at stake concerning fair and effective ways to organize the information resources upon which the well-being of us all depends. The book highlights international and comparative perspectives on IP law and policy. Although primarily targeted at postgraduate level students, the book is enlightening also for practitioners, and a must-read for all policy makers and opinion leaders in the IP field. Thomas Dreier, University of Karlsruhe, Germany Globalisation of trade means that intangible informational resources are now produced, bartered and consumed anywhere and everywhere defying jurisdictional borders. Intellectual property has moved into the mainstream of national economic and developmental planning; in the recent past it has also emerged as the central impetus in multilateral
Trademark Protection and Territoriality Challenges in a Global Economy by Irene Calboli,Edward Lee Pdf
The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights again
