The Policy Space in International Intellectual Property Law

The Policy Space in International Intellectual Property Law PDF

Author: Emmanuel Kolawole Oke

Publisher: Martinus Nijhoff Publishers

Published: 2022-04-19

Total Pages: 306

ISBN-13: 900451208X

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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.

Intellectual Property and Development: Understanding the Interfaces

Intellectual Property and Development: Understanding the Interfaces PDF

Author: Carlos Correa

Publisher: Springer

Published: 2019-02-25

Total Pages: 431

ISBN-13: 9811328560

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This book comprises chapters by leading international authors analysing the interface between intellectual property and foreign direct investment, development, and free trade. The authors search for a balance between the conflicting interests that inherently coexist in intellectual property law. The chapters dig deep into the subjects and notions that have become central in international intellectual property legal developments: i) flexibility, public interest and policy-space for implementation; ii) interfaces between the intellectual property regime and other legal regimes; and iii) the development of international intellectual property law and its influence on national legal orders, which includes the implementation of intellectual property undertakings.

Intellectual Property Rights in a Fair World Trade System

Intellectual Property Rights in a Fair World Trade System PDF

Author: Annette Kur

Publisher: Edward Elgar Publishing

Published: 2011-01-01

Total Pages: 637

ISBN-13: 1849809585

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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.

The Interface between Intellectual Property and Investment Law

The Interface between Intellectual Property and Investment Law PDF

Author: Oke, Emmanuel K.

Publisher: Edward Elgar Publishing

Published: 2021-07-31

Total Pages: 224

ISBN-13: 1839100850

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This original book presents a critical analysis of the interface between international intellectual property law and international investment law through the lens of intertextuality. It argues that a structuralist approach to intertextuality can be useful in the context of legal interpretation, especially in relation to the interpretation of treaties.

The Protection of Intellectual Property Rights in Outer Space Activities

The Protection of Intellectual Property Rights in Outer Space Activities PDF

Author: Tosaporn Leepuengtham

Publisher: Edward Elgar Publishing

Published: 2017-01-27

Total Pages: 256

ISBN-13: 1785369628

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This book considers the intellectual property issues which are raised by space activities. While outer space itself remains out of reach for most of us, the results of space activities and developments from space technology are becoming ever-more integrated in our daily lives. Despite this, there is often little understanding of the importance of space technologies, how existing legal rules may apply in terms of protecting the technology, or whether legal protection, such as copyright, may be enforced if the unauthorised use takes place beyond conventional territorial borders in outer space.

Intellectual Property Rights and International Trade

Intellectual Property Rights and International Trade PDF

Author: Shayerah Ilias

Publisher: Nova Publishers

Published: 2008

Total Pages: 84

ISBN-13: 9781604565621

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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.

Intellectual Property, Public Policy and International Trade

Intellectual Property, Public Policy and International Trade PDF

Author: Inge Govaere

Publisher: Peter Lang

Published: 2007

Total Pages: 236

ISBN-13: 9789052010649

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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.

International Intellectual Property in an Integrated World Economy

International Intellectual Property in an Integrated World Economy PDF

Author: Frederick M. Abbott

Publisher: Aspen Publishing

Published: 2019-02-07

Total Pages: 1056

ISBN-13: 1543809596

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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