Intellectual Property at the Crossroads of Trade

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781953392
Total Pages : 297 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Intellectual Property at the Crossroads of Trade by : J. Rosen

Download or read book Intellectual Property at the Crossroads of Trade written by J. Rosen and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property Law at the Crossroads of Trade focuses on the elements of intellectual property that impact on trade and competition. The book comprises thoughtful contributions on varying commercial aspects of IP, from parallel imports of pharmaceuticals to exhaustion of rights, and from trade in goods of cultural heritage to regulation of goods in transit. There is detailed discussion of licensing, including cross-border elements, online licensing, and the potential for harmonisation in Europe. This precedes a multi-layered analysis of the Anti-counterfeiting Trade Agreement. This stimulating collection of work will have strong appeal to academics and researchers interested in some of the most pressing issues in intellectual property law, as well as all those with an interest in the intersection of trade and IP.

Trade Secret Protection

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403531045
Total Pages : 600 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Trade Secret Protection by : Kung-Chung Liu

Download or read book Trade Secret Protection written by Kung-Chung Liu and published by Kluwer Law International B.V.. This book was released on 2021-08-11 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, as companies implement strategies to protect their intellectual property in a competitive environment with rapidly developing technology, trade secret protection law has gained increasing importance. This is especially true in Asia, where the staggering commercial value of trade secrets, fierce cross-border competition, and large-scale labour mobility characterize the region’s economy. This book – the first systematic study of trade secret protection law covering a number of key Asian jurisdictions – provides a detailed analysis of the relevant statutory and case law of Japan, Korea, China, Taiwan, Thailand, Singapore, Hong Kong, Malaysia, and India. In addition, a chapter on European Union trade secret protection law is included for further purposes of comparison. Thirty-one local experts provide a clear overview of national laws and practices by examining the following aspects of their respective national regimes: requirements of trade secrets; validity and scope of confidentiality and/or non-competition clauses; burden of proof and its shifting or reversal; order for protecting the secrecy of a trade secret during prosecution and trial; civil remedies (injunctive relief and damages); and criminal punishment for trade secret infringement. With its authoritative insights and comprehensive coverage of the dynamic and multifaceted development of trade secret protection law in Asia, the book will be a primer for practitioners, corporate counsels, judges, and scholars concerned with cross-border protection of intellectual assets.

Trade in Knowledge

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108809944
Total Pages : 869 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Trade in Knowledge by : Antony Taubman

Download or read book Trade in Knowledge written by Antony Taubman and published by Cambridge University Press. This book was released on 2022-03-17 with total page 869 pages. Available in PDF, EPUB and Kindle. Book excerpt: Technological change has transformed the ways knowledge is developed and shared internationally. Accordingly, in the quarter-century since the WTO was established, and since its Agreement on Trade-Related Aspects of Intellectual Property Rights came into force, both the knowledge dimension of trade and the functioning of the IP system have been radically transformed. The need to understand and respond to this change has placed knowledge at the centre of policy debates about economic and social development. Recognizing the need for modern analytical tools to support policymakers and analysts, this publication draws together contributions from a diverse range of scholars and analysts. Together, they offer a fresh understanding of what it means to trade in knowledge in today's technological and commercial environment. The publication offers insights into the prospects for knowledge-based development and ideas for updated systems of governance that promote the creation and sharing of the benefits of knowledge.

Intellectual Property at a Crossroads

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Author :
Publisher :
ISBN 13 :
Total Pages : 18 pages
Book Rating : 4.:/5 (62 download)

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Book Synopsis Intellectual Property at a Crossroads by : Peter K. Yu

Download or read book Intellectual Property at a Crossroads written by Peter K. Yu and published by . This book was released on 2004 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Intellectual Property Rights and International Trade

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Author :
Publisher : Nova Publishers
ISBN 13 : 9781604565621
Total Pages : 84 pages
Book Rating : 4.5/5 (656 download)

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Book Synopsis Intellectual Property Rights and International Trade by : Shayerah Ilias

Download or read book Intellectual Property Rights and International Trade written by Shayerah Ilias and published by Nova Publishers. This book was released on 2008 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Peter Lang
ISBN 13 : 9789052010649
Total Pages : 236 pages
Book Rating : 4.0/5 (16 download)

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Book Synopsis Intellectual Property, Public Policy and International Trade by : Inge Govaere

Download or read book Intellectual Property, Public Policy and International Trade written by Inge Govaere and published by Peter Lang. This book was released on 2007 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Geographical Indications at the Crossroads of Trade, Development, and Culture

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316738841
Total Pages : pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Geographical Indications at the Crossroads of Trade, Development, and Culture by : Irene Calboli

Download or read book Geographical Indications at the Crossroads of Trade, Development, and Culture written by Irene Calboli and published by Cambridge University Press. This book was released on 2017-06-16 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, few topics have proven to be so controversial in international intellectual property as the protection of geographical indications (GIs). The adoption of TRIPS in 1994 did not resolve disagreements, and countries worldwide continue to quarrel today as to the nature, the scope, and the enforcement of GI protection nationally and internationally. Thus far, however, there is little literature addressing GI protection from the point of view of the Asia-Pacific region, even though countries in this region have actively discussed the topic and in several instances have promoted GIs as a mechanism to foster local development and safeguard local culture. This book, edited by renowned intellectual property scholars, fills the void in the current literature and offers a variety of contributions focusing on the framework and effects of GI protection in the Asia-Pacific region. The book is available as Open Access.

Intellectual Property at a Crossroads

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Author :
Publisher :
ISBN 13 :
Total Pages : 180 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Intellectual Property at a Crossroads by : Stephanie Epstein

Download or read book Intellectual Property at a Crossroads written by Stephanie Epstein and published by . This book was released on 1990 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Intellectual Property Rights as Obstacles to Legitimate Trade?

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403502053
Total Pages : 228 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Intellectual Property Rights as Obstacles to Legitimate Trade? by : Christopher Heath

Download or read book Intellectual Property Rights as Obstacles to Legitimate Trade? written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2018-09-20 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Exhausting Intellectual Property Rights

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108577466
Total Pages : 231 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Exhausting Intellectual Property Rights by : Shubha Ghosh

Download or read book Exhausting Intellectual Property Rights written by Shubha Ghosh and published by Cambridge University Press. This book was released on 2018-11-08 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Global Intellectual Property Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1848443862
Total Pages : 381 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Global Intellectual Property Law by : Graham Dutfield

Download or read book Global Intellectual Property Law written by Graham Dutfield and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . 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

Intellectual Property Rights in a Fair World Trade System

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9781849809580
Total Pages : 637 pages
Book Rating : 4.8/5 (95 download)

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Book Synopsis Intellectual Property Rights in a Fair World Trade System by : Annette Kur

Download or read book Intellectual Property Rights in a Fair World Trade System written by Annette Kur and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Cross-border Business Transactions

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Author :
Publisher :
ISBN 13 :
Total Pages : 298 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Cross-border Business Transactions by :

Download or read book Cross-border Business Transactions written by and published by . This book was released on 2007 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Trade And Intellectual Property

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Author :
Publisher : Routledge
ISBN 13 : 0429720424
Total Pages : 182 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis International Trade And Intellectual Property by : George R. Stewart

Download or read book International Trade And Intellectual Property written by George R. Stewart and published by Routledge. This book was released on 2019-09-17 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Intellectual Property Rights, Trade and Biodiversity

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Author :
Publisher : Earthscan
ISBN 13 : 1849776237
Total Pages : 240 pages
Book Rating : 4.8/5 (497 download)

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Book Synopsis Intellectual Property Rights, Trade and Biodiversity by : Graham Dutfield

Download or read book Intellectual Property Rights, Trade and Biodiversity written by Graham Dutfield and published by Earthscan. This book was released on 2000 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text examines the international agreements governing trade in genetic resources - crucial resources for world agriculture, food security and large industries such as pharmaceuticals. Intellectual Property Rights (IPRs) in these resources are critical for those involved in the trade, including industry and developing countries. The book analyzes the Convention on Biological Diversity (CBD), World Trade Organization agreements and other agreements. It explains how they can be integrated into an equitable training regime.

Unfair Trade Practices and Intellectual Property

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Author :
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 364 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Unfair Trade Practices and Intellectual Property by : Roger E. Schechter

Download or read book Unfair Trade Practices and Intellectual Property written by Roger E. Schechter and published by West Academic Publishing. This book was released on 1993 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privilege to Compete; Obtaining Trademark Rights; Types of Trademarks; Shape, Color and Trade Dress; Trademark Infringement; Dilution; Permissible Uses of Another's Mark; Copyrightable Subject Matter; Publication; Copyright Formalities; Joint Works and Works Made for Hire; Rights of Copyright Owners; Copyright Infringement; Fair Use; Misappropriation Doctrine; Right of Publicity; Preemption of State Law; Types of Patents; Patent-Eligible Subject Matter; Novelty; Statutory Bar; Non-Obviousness; Utility; Patent Application Procedure; Patent Infringement; Trade Secret Law; State False Advertising and Disparagement Law; Lanham Act Claims for False Advertising and Disparagement; F.T.C. Unfairness Doctrine; F.T.C. Deception Doctrine; Advertising Substantiation; F.T.C. Remedies; F.T.C. Rule-making; Consumer Remedies; Price Discrimination Under the Robinson-Patman Act; Harm to Primary-Line Competition; Harm to Secondary-Line Competition; Cost Justification and Meeting Competition Defenses; Advertising Allowances; Buyer Liability for Price Discrimination.

The Global Regime for the Enforcement of Intellectual Property Rights

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108247954
Total Pages : 497 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis The Global Regime for the Enforcement of Intellectual Property Rights by : Xavier Seuba

Download or read book The Global Regime for the Enforcement of Intellectual Property Rights written by Xavier Seuba and published by Cambridge University Press. This book was released on 2017-10-26 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Global Regime for the Enforcement of Intellectual Property Rights, Xavier Seuba offers a comprehensive description of the international norms and bodies dealing with the enforcement of intellectual property rights. The book analyzes multilateral, plurilateral, and bilateral treaties, and their national implementation, along with civil, border, and criminal enforcement. The book also explores the interface between the enforcement of intellectual property rights and the norms regulating international trade, competition, and human rights, as well as the conceptual and systemic aspects of enforcement, while illustrating the importance of these rights with examples in litigation. The book should be read by anyone interested in how intellectual property rights are being enforced around the world, and how these efforts relate to other legal regimes.