Intellectual Property Harmonisation Within Asean And Apec

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Intellectual Property Harmonisation Within ASEAN and APEC

Author : Christopher Heath
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122923
Total Pages : 275 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Intellectual Property Harmonisation Within ASEAN and APEC by : Christopher Heath

Download or read book Intellectual Property Harmonisation Within ASEAN and APEC written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: In several major areas of international trade'particularly software and technology transfer'a harmonised regime of intellectual property law is a crucial prerequisite to success. Yet this legal concept appears to be extraordinarily difficult to establish on any agreed-upon basis among countries. And nowhere has the sought-for harmonisation proven more intractable than in the countries of the Asia Pacific region. Intellectual Property Harmonisation in ASEAN and APEC investigates the complex issues that lie at the root of this major block to the unhampered global flow of commerce based on intangible assets. By highlighting the background of Asian legal systems, both in terms of culture and intellectual property systems, the authors suggest how the current obstacles towards greater harmonisation and integration may be overcome. Defining the accepted principles enshrined in TRIPS, the Paris Convention, and other international agreements, the presentation describes the relatively successful European experience and then goes on to develop strategic variations geared to relate more precisely to harmonisation, integration and co-operation in the East Asian region. Among the important elements of the problem (and its potential solutions) discussed in this book are the following: the strong influence of legal culture in the different Asian countries;the limits of IP harmonisation in Europe;the importance of understanding the political and cultural perceptions that prevail in the various Asian countries;the non-uniform approach of different Asian countries due in part to bilateral free trade agreements; andthe experience of patent office cooperation and its potential as a model for smaller countries. The contributing authors have all worked in the IP field for more than a decade and have followed closely the developments of intellectual property law since the advent of the TRIPS Agreement. Their collective expertise includes both academic and practical considerations on IP harmonisation. Intellectual Property Harmonisation in ASEAN and APEC will be of great value and interest to policymakers seeking effective enforcement of intellectual property rights, to international lawyers counseling clients on Asia, and to academics working in the fields of intellectual property or Asian law. MAX PLANCK SERIES ON ASIAN INTELLECTUAL PROPERTY LAW 10

International Intellectual Property and the ASEAN Way

Author : Elizabeth Siew-Kuan Ng
Publisher : Cambridge University Press
ISBN 13 : 1107167205
Total Pages : 353 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis International Intellectual Property and the ASEAN Way by : Elizabeth Siew-Kuan Ng

Download or read book International Intellectual Property and the ASEAN Way written by Elizabeth Siew-Kuan Ng and published by Cambridge University Press. This book was released on 2017-10-05 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a unique interoperability model for regional and international integration of intellectual property laws based on cooperation the ASEAN Way.

Intellectual Property Harmonisation Within ASEAN and APEC

Author : Christoph Antons
Publisher : Kluwer Law International B.V.
ISBN 13 : 9789041122926
Total Pages : 284 pages
Book Rating : 4.1/5 (229 download)

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Book Synopsis Intellectual Property Harmonisation Within ASEAN and APEC by : Christoph Antons

Download or read book Intellectual Property Harmonisation Within ASEAN and APEC written by Christoph Antons and published by Kluwer Law International B.V.. This book was released on 2004 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In several major areas of international trade'particularly software and technology transfer'a harmonised regime of intellectual property law is a crucial prerequisite to success. Yet this legal concept appears to be extraordinarily difficult to establish on any agreed-upon basis among countries. And nowhere has the sought-for harmonisation proven more intractable than in the countries of the Asia Pacific region. Intellectual Property Harmonisation in ASEAN and APEC investigates the complex issues that lie at the root of this major block to the unhampered global flow of commerce based on intangible assets. By highlighting the background of Asian legal systems, both in terms of culture and intellectual property systems, the authors suggest how the current obstacles towards greater harmonisation and integration may be overcome. Defining the accepted principles enshrined in TRIPS, the Paris Convention, and other international agreements, the presentation describes the relatively successful European experience and then goes on to develop strategic variations geared to relate more precisely to harmonisation, integration and co-operation in the East Asian region. Among the important elements of the problem (and its potential solutions) discussed in this book are the following: the strong influence of legal culture in the different Asian countries; the limits of IP harmonisation in Europe; the importance of understanding the political and cultural perceptions that prevail in the various Asian countries; the non-uniform approach of different Asian countries due in part to bilateral free trade agreements; and the experience of patent office cooperation and its potential as a model for smaller countries. The contributing authors have all worked in the IP field for more than a decade and have followed closely the developments of intellectual property law since the advent of the TRIPS Agreement. Their collective expertise includes both academic and practical considerations on IP harmonisation. Intellectual Property Harmonisation in ASEAN and APEC will be of great value and interest to policymakers seeking effective enforcement of intellectual property rights, to international lawyers counseling clients on Asia, and to academics working in the fields of intellectual property or Asian law. MAX PLANCK SERIES ON ASIAN INTELLECTUAL PROPERTY LAW 10

Intellectual Property Law in South East Asia

Author : Christoph Antons
Publisher : Edward Elgar Publishing
ISBN 13 : 1035308398
Total Pages : 449 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Intellectual Property Law in South East Asia by : Christoph Antons

Download or read book Intellectual Property Law in South East Asia written by Christoph Antons and published by Edward Elgar Publishing. This book was released on 2023-02-14 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book provides a comprehensive survey of recent developments in intellectual property (IP) law within the Association of Southeast Asian Nations (ASEAN) countries, written by experienced scholars and practitioners in the field.

Intellectual Property Policy, Law and Administration in Africa

Author : Caroline B. Ncube
Publisher : Routledge
ISBN 13 : 1317589955
Total Pages : 197 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Intellectual Property Policy, Law and Administration in Africa by : Caroline B. Ncube

Download or read book Intellectual Property Policy, Law and Administration in Africa written by Caroline B. Ncube and published by Routledge. This book was released on 2015-10-16 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the harmonisation of Intellectual Property (IP) policy, law and administration in Africa. Two recent developments have brought this topic to the fore. The first is the escalation of long-standing efforts to establish a Pan-African Intellectual Property Organisation (PAIPO), a continental initiative. The second is the current sub-regional attempt to operationalise the IP provisions of the Southern African Development Community (SADC)’s Protocol on Trade (articles 9b and 24) and its Protocol on Science, Technology and Innovation (article 2m). Intellectual Property Policy, Law and Administration in Africa discusses the viability of such initiatives with particular reference to the current socio-economic status of Africa’s nations. With a view to contributing to future developments in Africa at both a continental and sub-regional level, the author considers this issue through the lens of advancing the public interest in IP. Ncube argues that harmonisation initiatives ought to be crafted in a way that is supportive of the development aspirations of African states. Consequently, she urges due consideration of individual states’ unique conditions and aspirations in any harmonisation venture, a necessity outlined in article 7 of the Agreement on Trade Related Aspects of Intellectual Property Rights. This book will be of great relevance to scholars and policy makers with an interest in IP law and African law in general.

Intellectual Property Law in Africa

Author : Caroline B. Ncube
Publisher : Taylor & Francis
ISBN 13 : 1000915808
Total Pages : 233 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Intellectual Property Law in Africa by : Caroline B. Ncube

Download or read book Intellectual Property Law in Africa written by Caroline B. Ncube and published by Taylor & Francis. This book was released on 2023-06-29 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the harmonisation of Intellectual Property policy, law and administration in Africa, this book evaluates the effectiveness of efforts to establish continental Intellectual Property institutions and frameworks. It also considers sub-regional initiatives led by the regional economic communities and the regional Intellectual Property organisations, focusing on relevant protocols and agreements that address Intellectual Property as well as the implementing institutions. The book assesses the progress of such initiatives with particular reference to the current socio-economic status of African states. It argues that that harmonisation initiatives need to be crafted in a way that is supportive of the developmental goals of African states and advocates for due consideration of individual states’ unique conditions and aspirations. This book will be of great relevance to scholars and policy makers with an interest in Intellectual Property law and its harmonisation in Africa.

International Copyright

Author : Paul Goldstein
Publisher : Oxford University Press
ISBN 13 : 0190060638
Total Pages : 620 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis International Copyright by : Paul Goldstein

Download or read book International Copyright written by Paul Goldstein and published by Oxford University Press. This book was released on 2019-08-30 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Copyright: Principles, Law, and Practice surveys and analyzes the legal doctrines affecting copyright practice around the world, in both transactional and litigation settings. It provides a step-by-step methodology for advising clients involved in exploiting creative works in or from foreign countries. Written by two of the most esteemed experts of copyright law in the United States and Europe, this volume is a unique synthesis of copyright law and practice, taking into account the Berne Convention, the TRIPs Agreement, the ongoing harmonization of copyright in the European Union, and the impact of the Internet. National copyright rules on protectible subject matter, ownership, term, and rights are covered in detail and compared from country to country, as are topics on moral rights and neighboring rights. Separate sections cover such important topics as territoriality, national treatment and choice of law, as well as the treaty and trade arrangements that underlie substantive copyright norms.

Making Copyright Work for the Asian Pacific

Author : Susan Corbett
Publisher : ANU Press
ISBN 13 : 176046239X
Total Pages : 325 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis Making Copyright Work for the Asian Pacific by : Susan Corbett

Download or read book Making Copyright Work for the Asian Pacific written by Susan Corbett and published by ANU Press. This book was released on 2018-10-22 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a contemporary overview of developing areas of copyright law in the Asian Pacific region. While noting the tendency towards harmonisation through free trade agreements, the book takes the perspective that there is a significant amount of potential for the nations of the Asian Pacific region to work together, find common ground and shift international bargaining power. Moreover, in so doing, the region can tailor any regional agreements to suit local needs. The book addresses the development of norms in the region and the ways in which this can occur in light of the specific nature of the creator–owner–user paradigm in the region and the common interests of Indigenous peoples.

Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region

Author : Christoph Antons
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127216
Total Pages : 421 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region by : Christoph Antons

Download or read book Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region written by Christoph Antons and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the many contentious matters thrown up by the relentless march of economic globalization, those forms of knowledge variously known as 'indigenous' or 'traditional' remain seriously threatened, despite numerous transnational initiatives and highly publicized debate. It is not proving easy to bring these holistic worldviews into accordance with the technical terms and classifications of intellectual property law. The contributions in this volume contrast efforts to find solutions and workable models at the international and regional level with experiences on the ground. Legal policies related to 'indigenous knowledge' in settler societies such as Australia and New Zealand are compared with those in densely populated neighbouring countries in Asia, where traditional knowledge is often regarded as national heritage. While many of the chapters are written by lawyers using an interdisciplinary approach, other chapters introduce the reader to perspectives from disciplines such as legal sociology and anthropology on controversial issues such as the understandings of 'art, ' 'culture, ' 'tradition, ' 'customary law' and the opportunities for traditional cultural knowledge and traditional cultural expressions in an Internet environment. Experienced observers of the international debate and regional experts discuss international model laws as well as legislation at regional and national level and the role of customary law. Topics covered include the following and much more: the concept of 'farmers' rights'; biodiscovery and bioprospecting; traditional knowledge as a commodity; encounters between different legalities; geographical indications; registration requirements; sanctions, remedies, and dispute resolution mechanisms; the ongoing fragmentation and loss of traditional knowledge; and systems of data collection.

Intellectual Property in Asian Emerging Economies

Author : Assafa Endeshaw
Publisher : Routledge
ISBN 13 : 1317114973
Total Pages : 320 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Intellectual Property in Asian Emerging Economies by : Assafa Endeshaw

Download or read book Intellectual Property in Asian Emerging Economies written by Assafa Endeshaw and published by Routledge. This book was released on 2016-05-23 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically reviews the recurrent debate on Intellectual Property law and policy in developing countries carried out in the last decade. It identifies the still unresolved policy issues and proposes alternative approaches that resonate with the needs for transformation of the economic and social reality of developing countries. Focusing on emerging economies in Asia, the work draws the wider lessons to be learnt by researchers, policy makers, legislators and the business sector in general and concludes by putting forward proposals for reform.

Intellectual Property in Asia

Author : Paul Goldstein
Publisher : Springer Science & Business Media
ISBN 13 : 354089702X
Total Pages : 367 pages
Book Rating : 4.5/5 (48 download)

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Book Synopsis Intellectual Property in Asia by : Paul Goldstein

Download or read book Intellectual Property in Asia written by Paul Goldstein and published by Springer Science & Business Media. This book was released on 2009-01-07 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction Intellectual property rights foster innovation. But if, as it surely does, “intellectual property” means not just intellectual property rules—the law of patents, copyrights, trademarks, designs, trade secrets, and unfair competition—but also intellectual property institutions—the courts, police, regulatory agencies, and collecting soc- ties that administer these rules—what are the respective roles of intellectual property rules and institutions in fostering creativity? And, to what extent do forces outside intellectual property rules and institutions—economics, culture, politics, history—also contribute to innovation? Is it possible that these other factors so overwhelm the impact of intellectual property regimes that it is futile to expect adjustments in intellectual property rules and institutions to alter patterns of inno- tion and, ultimately, economic development? It was to address these questions in the most dynamic region of the world today, Asia, that we invited leading country experts to contribute studies that not only summarize the current condition of intellectual property regimes in countries ranging in economic size from Cambodia to Japan, and in population from Laos to China, but that also describe the historical sources of these laws and institutions; the realities of intellectual property enforcement in the marketplace; and the political, economic, educational, and scientific infrastructures that sustain and direct inve- ment in innovative activity. A.

The Future of Asian Trade Deals and IP

Author : Kung-Chung Liu
Publisher : Bloomsbury Publishing
ISBN 13 : 1509922784
Total Pages : 317 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Future of Asian Trade Deals and IP by : Kung-Chung Liu

Download or read book The Future of Asian Trade Deals and IP written by Kung-Chung Liu and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of this open access book sets out to re-examine some basic principles of trade negotiation, such as choosing the right representatives to negotiate and enhancing transparency as a cure to the public's distrust against trade talks. Moreover, it analyses how the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP) might impact on the Regional Comprehensive Economic Partnership's (RCEP) IP chapter and examines the possible norm setters of Asian IP. It then focuses on the People's Republic of China's (PRC) trade and IP strategy against the backdrop of the power games between the PRC, India and the US. The second part of the book reflects on issues related to investor–state dispute settlement and its relationship with IP, such as how to re-calibrate the balance in international investment arbitration, and whether compulsory license of IP constitutes expropriation in India, the PRC and select ASEAN countries. The third part of the book questions and strives to improve some of the proposed IP provisions of CPTPP and RCEP and to redefine some aspects of international IP norms, such as: pre-grant patent opposition and experimental use exception; patent term extension; patent linkage and data exclusivity for the pharmaceutical sector; plant variety protection; pre-established damages for copyright infringement; and the restructuring of copyright limitations in the public interest. The open access edition of this book is available under a CC BY-NC-ND 3.0 licence on www.bloomsburycollections.com. Open access was funded by the Applied Research Centre for Intellectual Assets and the Law in Asia, School of Law, Singapore Management University.

The Oxford Handbook of Intellectual Property Law

Author : Rochelle C. Dreyfuss
Publisher : Oxford University Press
ISBN 13 : 0191076104
Total Pages : 1000 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Handbook of Intellectual Property Law by : Rochelle C. Dreyfuss

Download or read book The Oxford Handbook of Intellectual Property Law written by Rochelle C. Dreyfuss and published by Oxford University Press. This book was released on 2018-04-12 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.

Patent Exhaustion and International Trade Regulation

Author : Santanu Mukherjee
Publisher : BRILL
ISBN 13 : 9004542817
Total Pages : 351 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Patent Exhaustion and International Trade Regulation by : Santanu Mukherjee

Download or read book Patent Exhaustion and International Trade Regulation written by Santanu Mukherjee and published by BRILL. This book was released on 2023-03-13 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book dives into the legal and economic rationale of patent exhaustion, studying its evolution from the beginning in Germany, UK and USA, to Japan and 10 developing countries. The author also analyses exhaustion under TRIPS, GATT, GATS and major regional agreements, including the EU, before assessing the interface of patent exhaustion with competition policy. The book also addresses public policy concerns of Least developed and developing countries linked to their IPR challenges as IP users. It concludes that an appropriate exhaustion mode under relevant legal measures would protect patents while also restraining patents to become non-tariff barriers. The open access publication of this book has been published with the support of the Swiss National Science Foundation.

Handbook of Intellectual Property Research

Author : Irene Calboli
Publisher : Oxford University Press
ISBN 13 : 0198826745
Total Pages : 913 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Handbook of Intellectual Property Research by : Irene Calboli

Download or read book Handbook of Intellectual Property Research written by Irene Calboli and published by Oxford University Press. This book was released on 2021 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and approaches that can be used to address and develop scholarly research questions related to IP law. In particular, this Book aims to provide a useful resource that can be used by IP scholars who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. Even though this Book does not claim to include all existing research methodologies, it represents one of the largest and most diverse compilations, which has been carried out to date. In addition, the authors of this Book comprise an equally diverse group of scholars from different jurisdictions, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors, is a fundamental feature of the Book, which seeks to assist IP scholars worldwide in their research journeys." --

Intellectual Property, Entrepreneurship and Social Justice

Author : Lateef Mtima
Publisher : Edward Elgar Publishing
ISBN 13 : 1783470259
Total Pages : 320 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Intellectual Property, Entrepreneurship and Social Justice by : Lateef Mtima

Download or read book Intellectual Property, Entrepreneurship and Social Justice written by Lateef Mtima and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Information Age, historically marginalized groups and developing nations continue to strive for socio-economic empowerment within the global community. Their ultimate success largely depends upon their ability to develop, protect, and exploit th

Intellectual Property Law in Korea

Author : Byung-Il Kim
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041158480
Total Pages : 332 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Intellectual Property Law in Korea by : Byung-Il Kim

Download or read book Intellectual Property Law in Korea written by Byung-Il Kim and published by Kluwer Law International B.V.. This book was released on 2015-09-24 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dynamic development and rapid change, especially under a very active judiciary, have generated the need for a new edition of this preeminent book on intellectual property (IP) law in Korea, here undertaken by a new generation of IP scholars and practitioners. Although Korea is fully assimilated into today’s international IP regime, seekers of IP rights in Korea may still encounter elements that make the Korean IP regime distinctive among that of other countries. It is particularly in the areas of administrative and enforcement procedure that practitioners require specialised knowledge if they are to move confidently and ensure adequate legal protection in Korea of patents, copyrights, designs, trademarks, computer programs, geographical indications, and other intangibles. This updated second edition, like the first, provides this knowledge in considerable depth. Twelve Korean practitioners spare no pains to clarify all the essential details of practice and procedure in the major areas of IP law in their country. For example, they include specific guidance on such matters as the following: • jurisdiction of various institutions administering intellectual property rights; • patent law changes caused by the Korea–United States Free Trade Agreement; • how infringement cases move through the Korean court system; • available remedies and defences in infringement actions; • the use of the Customs Act to prohibit importation; • technical evaluation of utility models; • original, licensing, and transfer rights of inventors, owners, and co-owners; • special provisions for inventions in biotechnology, chemistry, and pharmacy; • inventions related to computers and business methods; • the substantial requirements for design registration; • the Korean patent approval linkage system; • recognition and enforcement of foreign judgments. The authors fully cover implications of the numerous bilateral treaties and accessions to international agreements entered into by Korea in the twelve years since the first edition, as well as all relevant case law. As one of the world’s leaders in the design and manufacture of semiconductor chips and other computer hardware and software, Korea accommodates a great number of IP applications and registrations. Its IP rights system is sound and well established, and offers excellent protection to those who come to it prepared. This book is an effective and substantial means to that end.