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EU Bilateral Trade Agreements and Intellectual Property: For Better or Worse?

Author: Josef Drexl

Publisher: Springer Science & Business Media

Published: 2013-11-19

Total Pages: 307

ISBN-13: 3642390978

This book focuses on a new generation of bilateral and regional agreements negotiated by the EU with developing countries and which include intellectual property (IP) provisions setting standards exceeding those of the TRIPS Agreement. The contributions critically analyse the IP standards found in these agreements; their potential for reforming the international IP system; the implications for the multilateral IP system and other areas of international law such as human rights; and the often neglected topic of implementing the IP obligations in these agreements.

Intellectual Property, Free Trade Agreements and the United Kingdom

Author: Johnson, Phillip

Publisher: Edward Elgar Publishing

Published: 2021-10-12

Total Pages: 304

ISBN-13: 1800888228

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Why Jamaica Wants to Protect Champagne

Author: Anke Moerland

Publisher: Wolf Legal Publications

Published: 2013

Total Pages: 653

ISBN-13: 9789462400405

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During the last 15 years, bilateral trade agreements have become increasingly more common. All bilateral trade agreements concluded by the European Union and the United States contain standards of intellectual property (IP) protection and enforcement that go beyond the protection agreed upon in the TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement. This poses important challenges to developing countries who are parties to these agreements, but often do not have the level of development and capacity to undertake innovative research which would allow them to take full advantage of the benefits of strong IP protection and enforcement. This book offers a legal and a political-scientific view on the phenomenon of strong IP protection and enforcement in bilateral trade agreements to which developing countries are parties. After providing a comprehensive analysis of the IP rights and obligations contained in recent bilateral trade agreements concluded by the EU, this book highlights the IP policy-making process in a developing country that has already accepted TRIPS-plus provisions, including Jamaica and the Caribbean Forum (CARIFORUM) region.

Intellectual Property, Free Trade Agreements and the United Kingdom

Author: Phillip Johnson

Publisher: Edward Elgar Publishing

Published: 2021-10-28

Total Pages: 256

ISBN-13: 9781800888210

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Examining how trade agreements are interpreted both in trade tribunals and in the United Kingdom, this innovative book provides a well-rounded exploration of the numerous UK free trade agreements, including the UK-EU Trade and Cooperation Agreement, and their legal and policy implications for intellectual property. Providing a detailed assessment of the continuing role of EU standards in the UK, Phillip Johnson highlights how the UK has played an active role in shaping EU intellectual property law and policy. He explores the extent to which the UK's "new" trade agreements are tied to existing EU law and how this will preserve those standards in the UK, and how this might been received both nationally and globally. An extensive range of critical issues is covered, including copyright, patents, designs, trade marks, border control and technology transfer as well as featuring a calendar of EU laws which are replicated in the UK's current free trade agreements. This authoritative book will be an important source of reference for academics and practitioners seeking to understand the role of intellectual property law in UK and EU free trade agreements, as well as scholars and students of intellectual property, trade laws, and European Law.

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

Author: Christoph Antons

Publisher: Springer

Published: 2014-12-05

Total Pages: 433

ISBN-13: 3642308880

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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.

A Geo-Economic Turn in Trade Policy?

Author: Johan Adriaensen

Publisher: Springer Nature

Published: 2022-02-05

Total Pages: 372

ISBN-13: 3030812812

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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.

EU Copyright Law

Author: Irini Stamatoudi

Publisher: Edward Elgar Publishing

Published: 2021-03-26

Total Pages: 1303

ISBN-13: 1786437805

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This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.

World Trade and Local Public Interest

Author: Csongor István Nagy

Publisher: Springer Nature

Published: 2020-07-15

Total Pages: 266

ISBN-13: 3030419207

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Trade liberalization has shaped international economic relations since the conclusion of the GATT 1947. The last few decades have seen a significant shift in the focus of this process: multilateralism seems to have reached its limits, giving way to regionalism, and the focus of trade liberalization has shifted to non-tariff barriers. While these developments have attracted considerable attention, exploring them from comparative perspectives has been largely neglected. Trading systems – the WTO, regional economic integrations and federal systems – are all based on the same dichotomy of free trade and local public interest: they generally prohibit the constituent parties (states) from restricting trade, but exempt them from this limitation if the restriction is warranted by a legitimate local end. The purpose of this volume is to contribute to filling the above-mentioned research gap by exploring central issues in regional economic integrations from a comparative perspective. It provides a general economic analysis of the costs and benefits of trade liberalization and the role and function of normative values in commercial policy. This is followed by a comparative analysis of the approaches used in various regional economic integrations (in North America, Europe and Latin America) and federal markets (the United States, Australia and India) regarding the balance between free trade and local public interest. Key issues in investment law, one of the most contentious elements of next-generation free trade agreements, are also addressed.

TRIPS plus 20

Author: Hanns Ullrich

Publisher: Springer

Published: 2016-01-29

Total Pages: 760

ISBN-13: 3662481073

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This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. The purpose, therefore, is not to define the terms of an outright revision of the TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution that could make the Agreement better suited to the expectations and needs of today’s global economy.

EU and WTO Regulatory Frameworks

Author: Mary Farrell

Publisher:

Published: 1999

Total Pages: 76

ISBN-13:

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Charts the development of the World Trade Organisation, and examines its role as regulator of the international trading system. The management of the trade policies of the 132 member countries so as to ensure compliance with the principles of trade liberalisation lies at the heart of the WTO's mandate. However, under the extended powers granted to the WTO as a result of the Uruguay Round settlement, in both trade liberalisation and dispute settlement, there lies ample ground for conflicts with the European Union's commercial policy. Mary Farrell considers whether the WTO is likely to impose constraints on EU commercial policy and thereby impinge on the sovereignty of the union as a whole, or whether the EU may continue to operate independently and in coexistence with the trade liberalisation agenda of the WTO.