Download or read book A Neofederalist Vision of TRIPS written by Graeme B. Dinwoodie and published by Oxford University Press, USA. This book was released on 2012-05-31 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights), introduced intellectual property protection into the World Trade Organization's multilateral trading system for the first time. This book examines its interpretation, its impact on the creative environment, and much more.
Download or read book A Neofederalist Vision of TRIPS written by Graeme B. Dinwoodie and published by Oxford University Press. This book was released on 2012-03-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights), signed on April 15, 1994, introduced intellectual property protection into the World Trade Organization's multilateral trading system, and it remains the most comprehensive international agreement on intellectual property to date. A Neofederalist Vision of TRIPS by Graeme B. Dinwoodie and Rochelle C. Dreyfuss examines its interpretation, its impact on the creative environment, and its effect on national and international lawmaking. It propounds a vision of TRIPS as creating a neofederalist regime, one that will ensure the resilience of the international intellectual property system in time of rapid change. In this vision, WTO members retain considerable flexibility to tailor intellectual property law to their national priorities and to experiment with changes necessary to meet new technological and social challenges, but agree to operate within an international framework. This framework, while less powerful than the central administration of a federal government, comprises a series of substantive and procedural commitments that promote the coordination of both the present intellectual property system as well as future international intellectual property lawmaking. Part I demonstrates the centrality of state autonomy throughout the history of international negotiations over intellectual property. Part II, which looks at the present, analyzes the decisions of the WTO in intellectual property cases. It concludes that the WTO has been inattentive to the benefits of promoting cultural diversity, the values inherent in intellectual property, the rich fabric of its law and lore, the necessary balance between producers and users of knowledge goods, and the relationship between the law and the technological environment in which it must operate. Looking to the future, Part III develops a framework for integrating the increasingly fragmented international system and proposes the recognition of an international intellectual property acquis, a set of longstanding principles that have informed, and should continue to inform intellectual property lawmaking. The acquis would include both express and latent components of the international regime, put access-regarding guarantees such as user rights on a par with proprietary interests and enshrine the fundamental importance of national autonomy in the international system.
Download or read book A Neofederalist Vision of TRIPS written by Graeme B. Dinwoodie and published by . This book was released on 2014 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Review of A Neofederalist Vision of TRIPS written by Molly K. Land and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This review of “A Neofederalist Vision of TRIPS,” by Graeme Dinwoodie and Rochelle Dreyfuss, engages the book's central argument that TRIPS is not a code but a “neofederalist” regime that imposes basic substantive expectations in order to promote coordination but which nonetheless preserves considerable member state autonomy. The review discusses the book's primary contributions to scholarship about TRIPS, including its refutation of the “code” vision of the TRIPS agreement and its overview of arguments that could be marshalled to defend local innovations in intellectual property policy making. The review also locates the book and its consideration of the TRIPS regime within larger conversations about the fragmentation of norms and law and the challenges of treaty interpretation. Finally, the review notes a few areas for further research, including with respect to the interpretive authority delegated to panels and the political context in which they operate.
Download or read book TRIPS plus 20 written by Hanns Ullrich and published by Springer. This book was released on 2016-01-29 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. The purpose, therefore, is not to define the terms of an outright revision of the TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution that could make the Agreement better suited to the expectations and needs of today’s global economy.
Download or read book Improving Intellectual Property written by Susy Frankel and published by Edward Elgar Publishing. This book was released on 2023-03-02 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: Undertaking the global project of improving intellectual property demands a critical and dynamic evaluation of its parameters and impacts. This innovative book considers what it means to improve intellectual property globally, exploring various aspects and perspectives of the international intellectual property debate and contemplating the possibilities for reform.
Download or read book The Regulation of International Trade written by Michael Trebilcock and published by Routledge. This book was released on 2013-05-07 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a wide variety of classic and contemporary sources, respected authors Trebilcock and Howse here provide a critical analysis of the institutions and agreements that have shaped international trade rules. In light of the growing debate over globalization, they include special sections examinations of topics such as: * agriculture * services and trade-related intellectual property rights * labor rights * the environment * migration. *competition Drawing on previous highly praised editions, this comprehensive text is an invaluable guide to students of economics, law, politics and international relations. Now fully updated, this fourth edition includes full coverage of new developments including the Doha trade round, the proliferation of preferential trade agreements, the debate on trade, climate change and green energy, the response of the trading system to the 2007-2010 financial and economic crisis, the controversy over trade and exchange rate manipulation, and the growing body of WTO dispute resolution case law.
Download or read book Framing Intellectual Property Law in the 21st Century written by Rochelle Cooper Dreyfuss and published by Cambridge University Press. This book was released on 2018-10-18 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book describes how intellectual property law is framed by theories about incentives, trade, health, development, and human rights.
Download or read book Arbitrating Brands written by Metka Potočnik and published by Edward Elgar Publishing. This book was released on 2019 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the controversy of the Philip Morris cases against Australia and Uruguay, this book systematically explores trade marks and brands as foreign direct investment, and in particular their substantive protection under international investment treaties. With the use of various hypothetical examples of devaluation of investments made in brands, the book explores the specifics of arbitrating investment claims arising out of state trade mark regulation. This work aims to establish useful tools in bridging the terminological and analytical gaps between experts in intellectual property law and international investment law.
Download or read book Compulsory Licensing written by Reto M. Hilty and published by Springer. This book was released on 2014-11-19 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the auspices of the Max Planck Institute for Intellectual Property and Competition Law (now the Max Planck Institute for Innovation and Competition). And Institutum Iurisprudentiae, Academia Sinica, a group of twenty scholars from around the world gathered to study the experiences made with regards to compulsory licensing. The results are demonstrated in this book. Different articles analyze how the international conventions on intellectual property may be interpreted and explore the related doctrinal groundwork surrounding compulsory patent licensing and beyond. It is shown how the compulsory licensing regime could be transformed into a truly workable mechanism facilitating the speedy use and dissemination of innovation and other subject matters of protection.
Download or read book Intellectual Property Objectives in International Investment Agreements written by Upreti, Pratyush N. and published by Edward Elgar Publishing. This book was released on 2022-10-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book reconciles the competing objectives of intellectual property and international investment agreements. Throughout, Pratyush Nath Upreti examines the issues arising from recent intellectual property disputes in investment arbitration from the perspectives of national and international legal orders, providing a normative analysis to resolve the tension brought by intellectual property and investor-state dispute settlement interactions.
Download or read book Megaregulation Contested written by Benedict Kingsbury and published by Oxford University Press, USA. This book was released on 2019-06-11 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Japan-led Trans-Pacific Partnership (CPTPPA) of 2018 is the most far-reaching 'megaregional' economic agreement in force, with several major countries beyond its eleven negotiating countries also interested. Still bearing the stamp of the original US involvement before the Trump-era reversal, TPP is the first instance of 'megaregulation': a demanding combination of inter-state economic ordering and national regulatory governance on a highly ambitious substantive and trans-regional scale. Its text and ambition have influenced other negotiations ranging from the Japan-EU Agreement (JEEPA) and the US-Mexico-Canada Agreement (USMCA) to the projected Pan-Asian Regional Comprehensive Economic Partnership (RCEP). This book provides an extensive analysis of TPP as a megaregulatory project for channelling and managing new pressures of globalization, and of core critical arguments made against economic megaregulation from standpoints of development, inequality, labour rights, environmental interests, corporate capture, and elite governance. Specialized chapters cover supply chains, digital economy, trade facilitation, intellectual property, currency levels, competition and state-owned enterprises, government procurement, investment, prescriptions for national regulation, and the TPP institutions. Country studies include detailed analyses of TPP-related politics and approaches in Japan, Mexico, Brazil, China, India, Indonesia, and Thailand. Contributors include leading practitioners and scholars in law, economics, and political science. At a time when the WTO and other global-scale institutions are struggling with economic nationalism and geopolitics, and bilateral and regional agreements are pressed by public disagreement and incompatibility with digital and capital and value chain flows, the megaregional ambition of TPP is increasingly important as a precedent requiring the close scrutiny this book presents.
Download or read book Netherlands Yearbook of International Law 2017 written by Fabian Amtenbrink and published by Springer. This book was released on 2018-06-21 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Volume of the Netherlands Yearbook of International Law explores emerging trends and key developments in international economic law. It examines shifts in the levels of cooperation (from multilateral to plurilateral, regional or bilateral—or vice versa), and shifts in the forms of cooperation (new types of actors and instruments). These trends are analysed both from a conceptual and a practical perspective, with contributions addressing drivers for change, historical perspectives, future developments, and evolutions in specific policy fields. While a focus on international economic law may certainly not tell the whole story in relation to shifts in levels and forms of international cooperation, it does allow for a more detailed analysis of some of the important trends we currently witness. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.
Download or read book Intellectual Property Ordering beyond Borders written by Henning Grosse Ruse-Khan and published by Cambridge University Press. This book was released on 2022-10-13 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past century, intellectual property (IP) law has expanded within and beyond national borders. The field of IP law was once a niche area concerning authors, inventors, and trademark owners. Today, IP law acts as a complex regime of instruments, institutions, and actors that negotiate overlapping, diverging, and occasionally competing public policies on a global scale. As IP continues to expand beyond borders, the instruments and tools utilised for its global protection rely on public international law as the common denominator and unifying frame. Intellectual Property Ordering Beyond Borders provides an evaluation of the most pertinent public international law questions raised by this multidimensional expansion. This comprehensive and far-reaching volume tackles problems such as generalist approaches under the law of treaties; custom and general principles; interfaces between IP and other normative orders, such as trade and investment; and interdisciplinary accounts from the economic, political, and social science perspectives. This title is also available as open access on Cambridge Core.
Download or read book Patent Law in Global Perspective written by Ruth L. Okediji and published by Oxford University Press, USA. This book was released on 2014 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent Law in Global Perspective addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries and various disciplines. The rich scholarship featured reflects on a wide range of perspectives, offering insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues that are at the forefront of efforts to reform the global patent system, and to reconfigure geo-political interests in on-going multilateral, trilateral, and bilateral initiatives.
Download or read book European Intellectual Property Law written by Annette Kur and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system.
Download or read book Kritika Essays on Intellectual Property written by Gustavo Ghidini and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fields of intellectual property have broadened and deepened in so many ways, and at such pace, that there is a tendency for academic commentators to focus on the next new thing, or to react immediately to judicial developments, rather than to reflect more deeply on the greater themes of the discipline. Kritika: Essays on Intellectual Property is a series of books designed to fulfil this role by creating a forum for essays that take a critical, long-term approach to the field of intellectual property. Volume 2 covers issues such as inter alia the current limits of knowledge and approaches to intellectual property, a functional account of intellectual property rights, China’s approach to innovation and intellectual property, the emergence of multi-layered IP-protection for designed objects, and the trajectory of increased protection for intellectual property.
