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

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Author :
Publisher : Springer
ISBN 13 : 3642308880
Total Pages : 433 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Intellectual Property and Free Trade Agreements in the Asia-Pacific Region by : Christoph Antons

Download or read book Intellectual Property and Free Trade Agreements in the Asia-Pacific Region written by Christoph Antons and published by Springer. This book was released on 2014-12-05 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Intellectual Property Rights in the Asia-Pacific Trade Context

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Intellectual Property Rights in the Asia-Pacific Trade Context by : T. Puutio

Download or read book Intellectual Property Rights in the Asia-Pacific Trade Context written by T. Puutio and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this paper, we expand the analysis of intellectual property rights (IPRs) in free trade agreements (FTAs) undertaken by Puutio (2013). Our research is based on the AsiaPacific Trade and Investment Agreements Database (APTIAD) upon which we have built a parallel database that documents trends in the inclusion of IPRs in FTAs in the Asia-Pacific region. We note that: i. Technological progress, digitalization and globalization generate constant impetus towards international harmonization and increasingly complex IPRs legislation; ii. FTAs are flexible venue for international IPRs norm-setting, which poses significant challenges as well as opportunities; and iii. Forum shifting is best viewed as a rational response to private progress and public stagnation. In addition, we find that: i. Countries within the region have been involved in a growing number of bilateral and regional preferential trade agreements; ii. FTAs cover an increasing amount of subject matter over time, in line with technological progress and absorptive capacities; and iii. The stringency of IPRs in FTAs has grown; however, there is no clear evidence of spiraling or ratcheting up across all development groupings. In part I we discuss the foundations of assessing IPRs clauses in FTAs. In Part II we present the current state of affairs in Asia and the Pacific.

Making Copyright Work for the Asian Pacific

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Author :
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.

Intellectual Property Harmonisation Within ASEAN and APEC

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Author :
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

Scaling Back TRIPS-Plus

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Scaling Back TRIPS-Plus by : Beatrice Lindstrom

Download or read book Scaling Back TRIPS-Plus written by Beatrice Lindstrom and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past ten years, a new trend has developed in which bilateral trade agreements mandate changes to domestic intellectual property laws, resulting in laws that exceed the standards agreed to at the WTO. This Note examines TRIPS-plus preferential trade agreements (PTAs) in the Asia-Pacific region, and argues that these agreements are not an appropriate vehicle for intellectual property lawmaking. Part II briefly introduces the debate on the relationship between intellectual property protection and development and provides background on the present and historical use of trade agreements to raise intellectual property protection around the world. Part III analyzes the TRIPS-plus provisions in agreements signed with Asia-Pacific countries and compares them to the terms found in TRIPS. This analysis is based on a survey of all preferential trade agreements in force in the region as of 2008. It establishes that Asia-Pacific PTAs exceed TRIPS standards in four main areas: accession to international intellectual property agreements, domestic enforcement of intellectual property terms, patenting of pharmaceuticals, and patenting of life forms. This Note demonstrates how TRIPS-plus provisions result in grave economic and social costs to stakeholders who are not represented at the negotiation table. Part IV examines the case of the United States, the most aggressive advocate of TRIPS-plus provisions in bilateral trade negotiations, and argues that it is in the United States' own interest to alter its TRIPS-plus trade strategy.

Intellectual Property Rights in Regional Trade Agreements of Asia-Pacific Economies

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Author :
Publisher :
ISBN 13 :
Total Pages : 38 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Intellectual Property Rights in Regional Trade Agreements of Asia-Pacific Economies by : T. Puutio

Download or read book Intellectual Property Rights in Regional Trade Agreements of Asia-Pacific Economies written by T. Puutio and published by . This book was released on 2016 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic growth across the globe increasingly depends on knowledge-based industries. As a consequence Intellectual Property Rights, or IPRs, are becoming increasingly integral to trade agreements. With the stagnation of the Doha Round the prospect of new global standards, to augment those already agreed through TRIPS (the Agreement on Trade Related Aspects of Intellectual Property Rights administered by WTO) is diminishing. Therefore some countries are using bilateral and multilateral trade agreements to push for strengthened IPR standards which they hope will become the new de facto international standards.At the turn of the millennium there were less than 10 agreements containing IPRs in the Asia-Pacific. At the end of April 2013, 51 trade agreements that include IPR provisions were in some stage of existence, according to Asia-Pacific Trade and Investment Agreements Database (APTIAD). The proliferation of IPRs within trade agreements has been notable and IPRs have become common subject matter for bilateral and multilateral treaties in the Asia- Pacific.Not all agreements give IPRs equal treatment however. Using the measure of impact explained in more detail in the paper it is possible to show that developed countries, Australia and the United States as well as the European Union show a persistent pattern of being involved only in high-impact agreements in terms of IPRs. Our findings also show that developing countries do not seek the inclusion of high-impact IPR standards in trade agreements when negotiating with another developing country. This finding validates the notion that the pressure for including IPRs in trade agreements originates from developed countries.

African Free Trade Agreements and Intellectual Property

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 103532895X
Total Pages : 293 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis African Free Trade Agreements and Intellectual Property by : Michael Blakeney

Download or read book African Free Trade Agreements and Intellectual Property written by Michael Blakeney and published by Edward Elgar Publishing. This book was released on 2024-02-12 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This informative book examines the intellectual property (IP) provisions of the sub-regional and continental Free Trade Agreements (FTAs) that have been implemented in Africa to facilitate trade and promote economic integration. Michael Blakeney and Getachew Mengistie Alemu explain how FTAs can be used when setting IP standards in order to influence the ongoing effort to develop effective international agreements with Africa.

Trans-Pacific Partnership Agreement

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Author :
Publisher : DIANE Publishing
ISBN 13 : 1437936962
Total Pages : 19 pages
Book Rating : 4.4/5 (379 download)

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Book Synopsis Trans-Pacific Partnership Agreement by : Ian F. Fergusson

Download or read book Trans-Pacific Partnership Agreement written by Ian F. Fergusson and published by DIANE Publishing. This book was released on 2010-11 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Trans-Pacific Partnership Agreement (TPP) is a free trade agreement that includes nations on both sides of the Pacific. The existing TPP, which originally came into effect in 2006, consists of Brunei, Chile, New Zealand, and Singapore. The U.S., Peru, Australia, and Vietnam have committed themselves to joining and expanding this group. Contents of this report: (1) Origins; (2) Existing and Potential Membership; (3) Congressional Reactions to the TPP; (4) U.S. Objectives and Interests; (5) Context with Other Regional Architectures; (6) U.S. Trade with Current Trans-Pacific Partner Countries; (7) Controversies: Agr. Products; Dairy; Beef; Intellectual Property Rights; Environ. and Labor; Pharmaceuticals; Gov¿t. Procurement; Trade Promotion Authority.

Regional Cooperation and Free Trade Agreements in Asia

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004279903
Total Pages : 431 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Regional Cooperation and Free Trade Agreements in Asia by : Jiaxiang Hu

Download or read book Regional Cooperation and Free Trade Agreements in Asia written by Jiaxiang Hu and published by Martinus Nijhoff Publishers. This book was released on 2014-09-11 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of Asia and the dynamics of Asian economic development have impacted global trade relationships and regional cooperation tremendously. While the WTO integrating national economies into global trade regulations has further liberalized trade relationships between developed and developing nations and amongst the emerging economies in particular in Asia, proliferation of free trade agreements in Asia has raised growing concerns regarding the fragmentation of the world economic order. World-renowned experts have here answered a variety of trade related issues ranging from China’s free trade agreements in its neighbourhood, the Tripartite Relationship between China, Japan and Korea, the Trans-Pacific Economic Partnership, the South Asian Association for Regional Cooperation as well human rights and environmental implications of free trade agreements. Contributors are: Jean-Marc F. Blanchard, Jianfu Chen, Won-Mog Choi, Ming Du, Henry Gao, Liyu Han, Jiaxiang Hu, Robert Irish, Tomoko Ishikawa, Md. Rizwanul Islam, Kwangkug Kim, Qingjiang Kong, Yong-Shik Lee, Wei Liang, Kuei-Jung Ni, Delei Peng, Yasuhei Taniguchi, Kim Van der Borght, Matthias Vanhullebusch, and Richard N. Watanabe, Shengxing Yu

Free Trade Agreements in the Asia Pacific

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Author :
Publisher : World Scientific
ISBN 13 : 981427139X
Total Pages : 332 pages
Book Rating : 4.8/5 (142 download)

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Book Synopsis Free Trade Agreements in the Asia Pacific by : Christopher Charles Findlay

Download or read book Free Trade Agreements in the Asia Pacific written by Christopher Charles Findlay and published by World Scientific. This book was released on 2010 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Free Trade Agreements (FTAs) have proliferated in East Asia as regional economies rush to catch up with the rest of the world OCo but what difference do they make? This book answers that question by providing an up-to-date assessment of the quality and impact of FTAs in the region. Featuring a collection of papers originally written for the prestigious Research Institute for Economy, Trade and Industry (RIETI) in Tokyo, it presents contemporary analysis and insights into the evolution of recent FTAs. The book is suitable for use by trade policy negotiators, policy analysts, and people developing business strategies in organizations, as well as graduate students and researchers in the field. Sample Chapter(s). Chapter 1: Rules of Origin and Agricultural Trade Liberalisation in Major Free Trade Agreements (249 KB). Contents: Rules of Origin and Agricultural Trade Liberalisation in Major Free Trade Agreements (I Cheong & J Cho); Services in Free Trade Agreements (R Ochiai et al.); Analysis of the Restrictions on Foreign Direct Investment in Free Trade Agreements (S Urata & J Sasuya); A Comparison of the Safeguard Mechanisms of Free Trade Agreements (A Kotera & T Kitamura); Assessing the Economic Impacts of Free Trade Agreements: A Computable Equilibrium Model Approach (K Abe); The Impacts of Free Trade Agreements on Trade Flows: An Application of the Gravity Model Approach (S Urata & M Okabe); On the Use of Free Trade Agreements by Japanese Firms (K Takahashi & S Urata); Impacts of Japanese FTAs/EPAs: Preliminary Post Evaluation (M Ando). Readership: Graduate students and researchers in international trade; trade policy negotiators; policy analysts; business strategy developers."

A Geo-Economic Turn in Trade Policy?

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Author :
Publisher : Springer Nature
ISBN 13 : 3030812812
Total Pages : 372 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis A Geo-Economic Turn in Trade Policy? by : Johan Adriaensen

Download or read book A Geo-Economic Turn in Trade Policy? written by Johan Adriaensen and published by Springer Nature. This book was released on 2022-02-05 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Asian Free Trade Agreements

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Author :
Publisher :
ISBN 13 :
Total Pages : 36 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Asian Free Trade Agreements by : United States. Congress. House. Committee on International Relations

Download or read book Asian Free Trade Agreements written by United States. Congress. House. Committee on International Relations and published by . This book was released on 2006 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Intellectual Property & Free Trade Agreements

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Author :
Publisher :
ISBN 13 : 9781472564160
Total Pages : 286 pages
Book Rating : 4.5/5 (641 download)

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Book Synopsis Intellectual Property & Free Trade Agreements by : Christopher Heath

Download or read book Intellectual Property & Free Trade Agreements written by Christopher Heath and published by . This book was released on 2007 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Intellectual Property Harmonisation Within ASEAN and APEC

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Author :
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

The Future of Asian Trade Deals and IP

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Author :
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.

New Free Trade Agreements in the Asia-Pacific

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Author :
Publisher : Springer
ISBN 13 : 0230627919
Total Pages : 330 pages
Book Rating : 4.2/5 (36 download)

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Book Synopsis New Free Trade Agreements in the Asia-Pacific by : C. Dent

Download or read book New Free Trade Agreements in the Asia-Pacific written by C. Dent and published by Springer. This book was released on 2006-07-11 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the main causes, consequences and nature of the Asia-Pacific's new free trade agreement (FTA) trend, and its implications for the global economy. It explores the FTA policies of the region's trade powers and offers conceptual and theoretical perspectives on the relationship between economic bilateralism and regionalism.

An APEC Trade Agenda?

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Author :
Publisher : Institute of Southeast Asian Studies
ISBN 13 : 9812304606
Total Pages : 265 pages
Book Rating : 4.8/5 (123 download)

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Book Synopsis An APEC Trade Agenda? by : Charles E Morrison

Download or read book An APEC Trade Agenda? written by Charles E Morrison and published by Institute of Southeast Asian Studies. This book was released on 2007 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses the political feasibility of the Free Trade Area of the Asia-Pacific (FTAAP) proposal and looks at alternative modalities for achieving free trade and investment in the Asia-Pacific.