Intellectual Property Rights in the Global Economy
Author: Keith Eugene Maskus
Publisher: Peterson Institute
Published: 2000
Total Pages: 296
ISBN-13: 9780881325973
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Global Intellectual Property Protection and New Constitutionalism
Author: Jonathan Griffiths
Publisher: Oxford University Press
Published: 2022-02-14
Total Pages: 401
ISBN-13: 0198863160
DOWNLOAD EBOOK →The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of "new constitutionalism", the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering. This collection aims to illuminate the complex role of this constitutional framework, by analysing the overlaps, complementarities, and conflicts between such forms of protection and seeking to establish the effects that this assemblage of global and regional norms has on legal reform projects and interpretations of IP law. Some chapters take a broad theoretical perspective on these processes. Others focus on specific situations in which the relationship between intellectual property law and broader constitutional norms is significant. These contexts range from Art 17 of the EU's Digital Single Market Directive, to the implementation of harmonized trade secrets protection, from the role of Canada's Charter of Rights to the impact of the social model of property in Brazil.
Global Dimensions of Intellectual Property Rights in Science and Technology
Author: National Research Council
Publisher: National Academies Press
Published: 1993-02-01
Total Pages: 457
ISBN-13: 0309048338
DOWNLOAD EBOOK →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.
International Intellectual Property Law
Author: Anthony D'Amato
Publisher: Springer
Published: 1997-07-23
Total Pages: 696
ISBN-13:
DOWNLOAD EBOOK →Concentrating on international intellectual property law, this volume is a collection of works by current authors in the field. Their work is supplemented by numerous essays and notes prepared by the editors. The controlling provisions of the major treaties in the field are included in a comprehensive appendix.
Global Governance of Intellectual Property in the 21st Century
Author: Mark Perry
Publisher: Springer
Published: 2016-05-24
Total Pages: 254
ISBN-13: 3319311778
DOWNLOAD EBOOK →This book analyses the governance foundations of innovation, brands, inventions, secrets and expression, which are the keys to a century based on knowledge. They are reflected in legal rights that have been fermenting over centuries of national policy deliberations on intellectual property rights, constantly in flux in the face of new advances in science, but overall a trend towards greater protectionism. As countries are challenged by the strictures of international agreements, often extorted through imbalanced power relationships, they seek their own national means for beneficial differentiation from the new global norms, whilst complying with international obligations. This book deals with the outcomes of regional governance of intellectual property, which often creates ripples in the search for harmony in the laws that form the basis for the future of intellectual property. The work has contributions that come from developing and developed nations, showing a common theme of the struggle to find the balance in an area of law that often does not provide clearcut solutions to real world environments. There are many intellectual property struggles illustrated in this work: patent at the boundaries of nature and invention, the need for drug development, which is driven by profit based on the patent monopoly; copyright, the expression of original thought, seeking to maximise exposure facilitated by the internet, but a system that facilitates rampant copying; trade marks, supporting company branding, seeks to exploit global branding through naming domains names; and other areas concomitant to the globalisation of intellectual property governance, such as foreign direct investment. This book holds up a mirror to the issues of world governance of intellectual property rights in this century, asking whether the direction we are currently following is in the best interest of global citizens, and showing the divergence that constraints are stimulating on a national level.
The Global Challenge of Intellectual Property Rights
Author: R. Bird
Publisher: Edward Elgar Publishing
Published: 2009-01-01
Total Pages: 315
ISBN-13: 1848444885
DOWNLOAD EBOOK →. . . a gratifying collection of informed and engaging contributions. John A. Tessensohn, European Intellectual Property Review The importance of intellectual property rights is now well established as a vital component in the success of firms and nations. The diverse contributors to this volume, drawn from the fields of law, business and economics, clarify and analyze the problems and promise of IP policy from a global perspective. They discuss both developed and emerging nations and advance the understanding of this increasingly important topic. The articles address issues from an interdisciplinary focus with an emphasis on current topical issues. Topics addressed include intellectual rights protection in emerging nations such as China, an exploration of a specific cross-national intellectual property perspective, strategies for protecting intellectual property rights, and a guide to understanding emerging and non-western legal systems. A mix of theoretical and practical observations helps the reader navigate the increasingly international topic of intellectual property as well as offers strategies for optimal utilization of intellectual property assets. The volume serves well both as a solution-oriented book and as a tool for facilitating further discussion and analysis in the classroom. Scholars and students in law, business and economics, as well as business practitioners interested in a global perspective on IP policy, will enjoy this book.
Private Rights and Public Problems
Author: Keith Eugene Maskus
Publisher: Peterson Institute
Published: 2012
Total Pages: 391
ISBN-13: 0881325074
DOWNLOAD EBOOK →Consumers constantly confront intellectual property rights (IPRs) every day, from their morning cup of Starbucks coffee to the Intel chip on their computer at work. Intellectual property rights help protect creative inventions in the form of trademarks, copyrights, and patents. Despite legal protection, many goods--including music and video files--are easily copied or shared, which affects industries, innovators, and customers. In his follow-up to one of the most popular PIIE titles of all time, Keith Maskus looks at the expansion of private legal rights into international trade markets, not only for technological items but also for international public goods like vaccines and prescription drugs. Private Rights and Public Problems assesses IPR issues for users, producers, and innovators and the difficulty of establishing an international policy regime that governs IPRs in all markets. Post-industrial countries have preferential terms for licensing and selling products, in part because they develop more global brands and products. Maskus observes that in these countries the primacy of private property raises contentious international debate between innovation owners in rich countries and followers and users in emerging and poor countries. Maskus explores if increased privacy regulations limit innovation and pose artificial and real barriers, such as decreased information accessibility and increased cost. This book addresses a fundamental issue: should basic scientific and technological knowledge be commoditized? In this guide to the current global impact of IPRs, the author analyzes the economic contribution of IPRs underlying features: innovation and access to international technologies.
Intellectual Property and Public Health in the Developing World
Author: Monirul Azam
Publisher: Open Book Publishers
Published: 2016-05-30
Total Pages: 348
ISBN-13: 1783742313
DOWNLOAD EBOOK →Across the world, developing countries are attempting to balance the international standards of intellectual property concerning pharmaceutical patents against the urgent need for accessible and affordable medicines. In this timely and necessary book, Monirul Azam examines the attempts of several developing countries to walk this fine line. He evaluates the experiences of Brazil, China, India, and South Africa for lessons to guide Bangladesh and developing nations everywhere. Azam's legal expertise, concern for public welfare, and compelling grasp of principal case studies make Intellectual Property and Public Health in the Developing World a definitive work. The developing world is striving to meet the requirements of the World Trade Organization's TRIPS Agreement on intellectual property. This book sets out with lucidity and insight the background of the TRIPS Agreement and its implications for pharmaceutical patents, the consequences for developing countries, and the efforts of certain representative nations to comply with international stipulations while still maintaining local industry and public health. Azam then brings the weight of this research to bear on the particular case of Bangladesh, offering a number of specific policy recommendations for the Bangladeshi government—and for governments the world over. Intellectual Property and Public Health in the Developing World is a must-read for public policy-makers, academics and students, non-governmental organizations, and readers everywhere who are interested in making sure that developing nations meet the health care needs of their people.
The Enforcement of Intellectual Property Rights: A Case Book
Author: L.T.C. Harms
Publisher: WIPO
Published: 2012-12
Total Pages: 576
ISBN-13: 9280522493
DOWNLOAD EBOOK →With this publication, WIPO and the author aim at making available for judges, lawyers and law enforcement officials a valuable tool for the handling of intellectual property cases. To that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. The extracts from the decisions and accompanying comments illustrate the different areas of intellectual property law, with an emphasis on matters that typically arise in connection with the enforcement of intellectual property rights in civil as well as criminal proceedings.
International Intellectual Property
Author: Daniel J. Gervais
Publisher: Edward Elgar Publishing
Published: 2015-01-30
Total Pages: 525
ISBN-13: 1782544801
DOWNLOAD EBOOK →International Intellectual Property: A Handbook of Contemporary Research provides researchers and practitioners of international intellectual property law with the necessary tools to understand the latest debates in this incredibly dynamic and complex
