Author: Susy Frankel Publisher: Cambridge University Press ISBN: 1316298221 Category : Law Languages : en Pages : 249
Book Description
Small market economies provide a valuable insight into how a country might balance competing interests in global intellectual property. As developed countries that are also net-importers of intellectual property, small market economies have similar concerns to some developing countries. This duality of developed and developing country interests has resulted in some innovative ways of calibrating laws so that they both support national economic and social needs and honour international commitments. In this book, Susy Frankel uses examples from the small market economies of Singapore, New Zealand and Israel to address global intellectual property issues. Those issues include approaching treaty interpretation to both assist in implementation of obligations and utilisation of flexibilities, and effective dispute resolution; the links between trade and innovation; when and how patent and copyright law can be flexible; the importance of trade marks to small businesses; parallel importing; and the protection of traditional knowledge.
Author: Emmanuel Kolawole Oke Publisher: Martinus Nijhoff Publishers ISBN: 900451208X Category : Law Languages : en Pages : 306
Book Description
This book presents a critical examination of the policy space in international intellectual property law through the unique lens of glocalisation. It further highlights the role that the WTO’s adjudicatory bodies play in preserving this space in international IP law.
Author: Shubha Ghosh Publisher: Cambridge University Press ISBN: 1108577466 Category : Law Languages : en Pages : 231
Book Description
Even as globalization seems to be in retreat in political circles, the march of commercialization and markets continues. Government policies, whether tariffs, exits, or walls, cannot impede the competitive drive to meet consumer demand for products and services, whether within national boundaries or across them. In the sphere of intellectual property rights, the doctrine of exhaustion serves to limit the rights of intellectual property owners after a specific exercise of some or all of the rights. This volume provides an assessment of the successes and failures of the exhaustion doctrine as it has been applied through recent judicial decisions in the United States and the European Union. Irene Calboli and Shubha Ghosh explore how evolving interpretations of the exhaustion doctrine affects the large trade in gray market products and other international trade issues. A comparative approach to exhaustion, Exhausting Intellectual Property Rights offers a unique discussion of the often overlooked issue of overlapping rights.
Author: Jessica C. Lai Publisher: Edward Elgar Publishing ISBN: 1784716626 Category : Law Languages : en Pages : 354
Book Description
Traditionally, in order to be protected intellectual property goods have almost always needed to be embodied or materialised (and – to a certain extent – to be used and enjoyed), regardless of whether they were copyrighted works, patented inventions or trademarks. This book examines the relationship between intellectual property and its physical embodiments and materialisations, with a focus on the issue of access and the challenges of new technologies. Expert contributors explore how these problems can re-shape our theoretical notion of the intangible and the tangible and how this can have serious consequences for access to intellectual property goods.
Author: Csongor István Nagy Publisher: Routledge ISBN: 1000480518 Category : Law Languages : en Pages : 195
Book Description
Exploring the relationship and interaction between economic interests and normative non-trade values, this book argues that the emergence and development of non-trade values is based on a complex dialectic interaction between selfish economic interests and normative values, and examines how their structural interdependence has given rise to a remarkable evolution in international trade. Conceiving this relationship as an intricate dialectic one that is neither purely value-driven, nor purely economic-interest-driven, it addresses the emergence, function, and role of non-trade values in international trade with a synthetizing approach and explores the results of their interaction in international economic intercourse. Approaching the non-trade issues of trade in a holistic manner, the book demonstrates that trade can operate smoothly only if it is framed by an architecture of normative value standards and international trade liberalization has reached the level where further development calls for cooperation also in fields that, at first glance, may appear to be non-trade in nature.
Author: Graeme W. Austin Publisher: Cambridge University Press ISBN: 1108617670 Category : Law Languages : en Pages : 345
Book Description
Using as a starting point the work of internationally-renowned Australian scholar Sam Ricketson, whose contributions to intellectual property (IP) law and practice have been extensive and richly diverse, this volume examines topical and fundamental issues from across IP law. With authors from the US, UK, Europe, Asia, Australia and New Zealand, the book is structured in four parts, which move across IP regimes, jurisdictions, disciplines and professions, addressing issues that include what exactly is protected by IP regimes; regime differences, overlaps and transplants; copyright authorship and artificial intelligence; internationalization of IP through public and private international law; IP intersections with historical and empirical research, human rights, privacy, personality and cultural identity; IP scholars and universities, and the influence of treatises and textbooks. This work should be read by anyone interested in understanding the central issues in the evolving field of IP law.
Author: Petra Butler Publisher: Springer ISBN: 3319745735 Category : Law Languages : en Pages : 343
Book Description
This book provides an insight into commercial relations between large economies and Small States, the benefits of regional integration, the role of Small States as financial centres as well as B2B and State to State dispute resolution involving Small States. Several contributions allow the reader to familiarise themselves with the general subject matter; others scrutinise the particular issues Small States face when confronted with an international dispute and discuss new and innovative solutions. These solutions range from inventive ideas to help economic growth to appropriate mechanisms of dispute resolution including inter-State dispute resolution and specific areas of arbitration such as tax arbitration. Researchers, policy advisors and practitioners will find a wealth of insights, information and practical ideas in this book.
Author: Irene Calboli Publisher: Cambridge University Press ISBN: 131629935X Category : Law Languages : en Pages : 561
Book Description
This book aims to create an interface between intellectual property and diversity - including cultural, biological, religious, racial, and gender-based diversity. While acknowledging that the historical rationale for intellectual property protection is based on theories of utilitarian incentives and property rights, the authors of this volume assert that the current intellectual property framework is not incompatible with including diversity as part of its objectives. Through its various themes, this book delves into the debate of whether such inclusion can be made possible and how intellectual property norms could be effectively used to protect and promote diversity. In this volume, leading scholars address ongoing regional, national, and international debates within the contexts of diversity, the existing legal framework, and the broader political and economic climate. The authors tackle such wide-ranging topics as the prohibition against trademarking slurs and concepts of intellectual property in ancient Indian texts.
Author: Tanya Aplin Publisher: Cambridge University Press ISBN: 1108835457 Category : Law Languages : en Pages : 283
Book Description
Examining a neglected aspect of international copyright law, this book highlights the obligation on nations to maintain broad copyright exceptions.
Author: Benedict Kingsbury Publisher: Oxford University Press ISBN: 0192559095 Category : Law Languages : en Pages : 983
Book Description
The Japan-led Trans-Pacific Partnership (CPTPPA) of 2018 is the most far-reaching 'megaregional' economic agreement in force, with several major countries beyond its eleven negotiating countries also interested. Still bearing the stamp of the original US involvement before the Trump-era reversal, TPP is the first instance of 'megaregulation': a demanding combination of inter-state economic ordering and national regulatory governance on a highly ambitious substantive and trans-regional scale. Its text and ambition have influenced other negotiations ranging from the Japan-EU Agreement (JEEPA) and the US-Mexico-Canada Agreement (USMCA) to the projected Pan-Asian Regional Comprehensive Economic Partnership (RCEP). This book provides an extensive analysis of TPP as a megaregulatory project for channelling and managing new pressures of globalization, and of core critical arguments made against economic megaregulation from standpoints of development, inequality, labour rights, environmental interests, corporate capture, and elite governance. Specialized chapters cover supply chains, digital economy, trade facilitation, intellectual property, currency levels, competition and state-owned enterprises, government procurement, investment, prescriptions for national regulation, and the TPP institutions. Country studies include detailed analyses of TPP-related politics and approaches in Japan, Mexico, Brazil, China, India, Indonesia, and Thailand. Contributors include leading practitioners and scholars in law, economics, and political science. At a time when the WTO and other global-scale institutions are struggling with economic nationalism and geopolitics, and bilateral and regional agreements are pressed by public disagreement and incompatibility with digital and capital and value chain flows, the megaregional ambition of TPP is increasingly important as a precedent requiring the close scrutiny this book presents.
Author: Susy Frankel
Author: Emmanuel Kolawole Oke
Author: Shubha Ghosh
Author: Jessica C. Lai
Author: Csongor István Nagy
Author: Graeme W. Austin
Author: Petra Butler
Author: Irene Calboli
Author: Tanya Aplin
Author: Benedict Kingsbury