Download or read book Economic Partnership Agreements and Intellectual Property Rights Protection written by Dorica Suvye Phiri and published by . This book was released on 2009 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: The signing of the comprehensive Economic Partnership Agreement (EPA) by the European Community (EC) and Caribbean Forum (CARIFORUM) countries covering a wide range of issues, including intellectual property (IP) provisions, has the potential to influence negotiations for other EPA groups that have only signed a series of "goods-only" interim EPAs. Even though IP is not included as one of the areas for further negotiations under the Southern African Development Community (SADC) interim EPA, there is possibility that the EC may make proposals for IP negotiations, since it is known to have a history of including IP provisions in its bilateral agreements. Generally, its approach has been to have its partners sign up to or accede to agreements containing the highest standards of IP as evidenced in the CARIFORUM EPA. This paper explores the implications for SADC EPA states of inclusion of IP provisions in the EPA in light of the probability that the EC may propose standards similar to those provisions in the innovation and IP chapter of the CARIFORUM EPA. It focuses on those provisions of the CARIFORUM EPA that may pose challenges to the SADC EPA countries and makes recommendations in the approach for possible IP negotiations for the SADC EPA countries.
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.
Download or read book EU Bilateral Trade Agreements and Intellectual Property For Better or Worse written by Josef Drexl and published by Springer Science & Business Media. This book was released on 2013-11-19 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on a new generation of bilateral and regional agreements negotiated by the EU with developing countries and which include intellectual property (IP) provisions setting standards exceeding those of the TRIPS Agreement. The contributions critically analyse the IP standards found in these agreements; their potential for reforming the international IP system; the implications for the multilateral IP system and other areas of international law such as human rights; and the often neglected topic of implementing the IP obligations in these agreements.
Download or read book Intellectual Property Rights and Economic Development written by Carlos Alberto Primo Braga and published by World Bank Publications. This book was released on 2000 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the course of history, different legal instruments for protecting intellectual property have emerged. These instruments differ in their subject matter, extent of protection, and field of application, reflecting society's objective to balance the interests of creators and consumers for different types of intellectual works. These legal instruments are just one of the pieces that form a national system of intellectual property protection. Also crucial to the system's overall effectiveness are the institutions administering these instruments, the mechanisms available for enforcing IPRs, and the rules regarding the treatment of non-nationals. To address some of the issues concerning IPRs, this paper defines what they are and attempts to evaluate the relationship between the protection of intellectual property and economic activity in developing countries. It also summarizes the economic effects of IPRs in terms of creation and diffusion of knowledge and information; and market structure and prices. Furthermore, it discusses the reformation of IPRs regimes and makes recommendations for their administration and enforcement. This paper consolidates some of the research from the 'World Development Report 1998/1999: Knowledge for Development' and some contributions made at an Internet-moderated conference conducted by the Bank's TechNet program. It will be of interest to governments, investors, and international organizations.
Download or read book Intellectual Property Rights written by Mario Cimoli and published by OUP Oxford. This book was released on 2014-05-08 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, Intellectual Property Rights - both in the form of patents and copyrights - have expanded in their coverage, the breadth and depth of protection, and the tightness of their enforcement. Moreover, for the first time in history, the IPR regime has become increasingly uniform at international level by means of the TRIPS agreement, irrespectively of the degrees of development of the various countries. This volume, first, addresses from different angles the effects of IPR on the processes of innovation and innovation diffusion in general, and with respect to developing countries in particular. Contrary to a widespread view, there is very little evidence that the rates of innovation increase with the tightness of IPR even in developed countries. Conversely, in many circumstances, tight IPR represents an obstacle to imitation and innovation diffusion in developing countries. What can policies do then? This is the second major theme of the book which offers several detailed discussions of possible policy measures even within the current TRIPS regime - including the exploitation of the waivers to IPR enforcement that it contains, various forms of development of 'technological commons', and non-patent rewards to innovators, such as prizes. Some drawbacks of the regimes, however, are unavoidable: hence the advocacy in many contributions to the book of deep reforms of the system in both developed and developing countries, including the non-patentability of scientific discoveries, the reduction of the depth and breadth of IPR patents, and the variability of the degrees of IPR protection according to the levels of a country's development.
Download or read book Knowledge Generation and Protection written by Jorge Mario Martínez-Piva and published by Springer Science & Business Media. This book was released on 2009-12-03 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the English version of the text published by the Economic Commission for Latin America and the Caribbean in April 2008 and entitled Generación y protección del conocimiento: propiedad intelectual, innovación y desarrollo 1 económico. Since then, the year that has passed has been fraught with uncertainty but has also brought signs of hope. Indeed, the past year was marked by the outbreak of the deepest and most p- vasive nancial and economic crisis since the Great Depression of 1929, a crisis generated in the United States but whose negative repercussions have spread at a phenomenal rate throughout the planet. The impact of this crisis on the p- ples of Latin America and the Caribbean will undermine the region’s prospects for economic growth, employment, and poverty alleviation. This was the year in which United States citizens elected Barack Obama as their President, a clear sign of new hope. This hope was tangible at the Fifth Summit of the Americas, held in 2009 in Port of Spain, which marked a turning point in the relations between the countries that make up this hemisphere. The open posture of the United States and that country’s readiness to listen rather than to impose any particular position and its willingness to engage in dialogue on an equal footing were positive signs. Moreover, it was generally admitted that there is not just one model for advancing successfully toward development.
Download or read book Trade Costs and Shadow Benefits written by Frederick M. Abbott and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper addresses the specific question whether “development-friendly” provisions incorporated in recent European Union (EU) economic partnership agreements (EPAs) may serve as models for the progressive development of international intellectual property law. Other articles in this volume strongly suggest that the intellectual property (IP) provisions represent a concession or cost for developing country parties in favor of the EU, including generally by eliminating flexibility to develop and implement industrial policy. The EU may view incorporation of the objective of sustainable development, enhanced protection of geographical indications (GIs), adherence to the Madrid System treaties and/or references to transfer of technology as representing benefits or gains for developing country parties. The general objective of sustainable development already is recognized in the Agreement establishing the World Trade Organization and various other international instruments, and its incorporation in EPAs does not confer material supplemental benefits on developing country parties. The EPA between the EU, on one side, and Colombia and Peru, on the other (EU/CP EPA), also incorporates references to sustainable development relating to protection of biodiverse resources. However, these references do not commit the EU beyond what it has already accepted in multilateral forums or internal legislation. While developing countries may (or may not) benefit from enhanced protection of GIs depending on their particular situation, the list of GIs subject to protection under the EU/CP EPA is weighted very heavily in favor of EU products, suggesting that EU producers will gain substantially more from the agreement than Colombian or Peruvian exporters. The latter countries will also bear costs associated with internal displacement of agricultural products. Developing country parties may gain from adherence to the Madrid System agreements because such adherence is helpful to small and medium-sized enterprises. But these countries do not need an EPA to undertake such adherence. Finally, the technology transfer provisions in the EPAs are framed in hortatory terms, and lack concrete funding mechanisms. In the absence of concrete funding commitments, it is difficult to construe these provisions as providing material benefits. In sum, the provisions that might be considered “development friendly” appear insufficient to offset the loss of flexibility and specific concessions on IP made by developing countries in the EPAs, and generally do not lend themselves as models for the progressive development of international IP law.
Download or read book Intellectual Property Aspects of the Japan EU Economic Partnership Agreement written by Enrico Bonadio and published by . This book was released on 2020 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Japan-EU Economic Partnership Agreement (JEPA) was signed on 1 July 2018 and entered into force on 1 February 2019, with Ch.14 focusing on intellectual property (IP) rights. JEPA should be hailed as a positive contribution to strengthening IP protection in the two blocs, and therefore further promoting trade and reciprocal investments. The IP Ch. of JEPA covers all IP rights, including copyright, trade marks, geographical indications (GIs), designs and unregistered appearance of products, patents, supplementary protection certificates, trade secrets and pharma test data. Given the important role that GI provisions play in JEPA, this article pays particular attention to them. During the negotiations, Japan made concessions to the EU with regard to GIs protection. Indeed the EU has a strong interest here, as its Member States (in particular the Mediterranean and southern countries, namely France, Italy and Spain, and to a lesser extent Portugal and Greece) possess a large number of geographical names in relation to foodstuff, wines and spirits, such as Champagne, Parmigiano and Feta (conversely, the number of Japanese GIs protected in the EU under this agreement is far fewer).
Download or read book Intellectual Property and Development written by Keith E. Maskus and published by World Bank Publications. This book was released on 2005-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: International policies toward protecting intellectual property rights have seen profound changes over the past two decades. Rules on how to protect patents, copyright, trademarks and other forms of intellectual property have become a standard component of international trade agreements. Most significantly, during the Uruguay Round of multilateral trade negotiations (1986-94), members of what is today the World Trade Organization (WTO) concluded the Agreement on Trade Related Intellectual Property Rights (TRIPS), which sets out minimum standards of protection that most of the world's economies have to respect. How will developing countries fare in this new international environment? Intellectual Property and Development brings together empirical research that assesses the effects of changing intellectual property regimes on various measures of economic and social performance - ranging from international trade, foreign investment and competition, to innovation and access to new technologies. The studies presented point to an important development dimension to the protection of intellectual property. But a one-size fits all approach to intellectual property is unlikely to work. There is need to adjust intellectual property norms to domestic needs, taking into account developing countries' capacity to innovate, technological needs, and institutional capabilities. In addition, governments need to consider a range of complementary policies to maximize the benefits and reduce the costs of reformed intellectual property regulations. This book will be of interest to students and scholars of international law, particularly in the area of intellectual property rights, international trade, and public policy.
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.
Download or read book Intellectual Property Free Trade Agreements written by Christopher Heath and published by Bloomsbury Publishing. This book was released on 2007-12-11 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property and Free Trade Agreements presents the papers of the sixth IP conference organised by the Macau Institute of European Studies (IEEM) on intellectual property law and the economic challenges for Asia. The objective of the conferences is to provide up-to-date information on developments in global intellectual property law and policy and their impact on regional economic and cultural development. The current volume deals with the implications of free trade agreements for the international framework of intellectual property law, a topic of enormous economic and legal importance given the increasing number of free trade agreements in force or under negotiation.
Download or read book The Trans Pacific Partnership written by Matthew Rimmer and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the impact of the Trans-Pacific Partnership [TPP] on intellectual property and trade. The book focuses upon the debate over copyright law, intermediary liability, and technological protection measures. The text examines the negotiations over trade mark law, cybersquatting, geographical indications and the plain packaging of tobacco products. It explores the debate over patent law and access to essential medicines, data protection and biologics, and the protection of trade secrets. In addition, the book investigates the treatment of Indigenous intellectual property, access to genetic resources, and plant breeders’ rights.
Download or read book Free Trade Agreements written by Lillian Corbin and published by Springer. This book was released on 2018-10-29 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together international perspectives on free trade issues that affect civil society from the general populace to the governments of nations, and is relevant not only for lawyers, but also policymakers, international actors and businesses, as well as those with a general interest in free trade agreements. The book examines the manifestation of the concept of free trade in agreements, such as the Trans-Pacific Partnership (TPP), Regional Comprehensive Economic Partnership (RCEP), and China-Australia Free Trade Agreement (ChAFTA). It asks whether such agreements are entered into for the purposes of enhancing trading relationships between partner nations, strengthening commercial ties, and fostering economic growth; or are they sometimes used merely for local political outcomes of the most influential nations.
Download or read book Intellectual Property And Economic Development written by Robert M Sherwood and published by Routledge. This book was released on 2019-04-10 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Speaking very roughly, countries with advanced economies tend to be those displaying intellectual property protection systems in which the public has a basic degree of confidence. Those systems, when they are thought about at all rather than taken for granted, are thought of as reasonably effective in safeguarding innovation and creative expression
Download or read book International Intellectual Property in an Integrated World Economy written by Frederick M. Abbott and published by Aspen Publishing. This book was released on 2019-02-07 with total page 1056 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Intellectual Property in an Integrated World Economy, Fourth Edition by Frederick M. Abbott, Thomas Cottier, and Francis Gurry, provides a comprehensive treatment of the international intellectual property system across the spectrum of intellectual property rights and interests. It introduces the institutional architecture at the multilateral, regional/plurilateral, bilateral and national levels. For each form of IP, it addresses the technical legal rules and illustrative jurisprudence, as well as economic and social welfare implications. Each of the authors has played a role in the development and implementation of the international rules, and they bring their experience to bear in introducing students to the field. New to the Fourth Edition: The latest developments in bilateral and regional agreements regulating intellectual property, including NAFTA 2.0 (USMCA), CPTPP, and CETA Important new judicial decisions, including the U.S. Supreme Court decision adopting international exhaustion of patents and CJEU decisions addressing trademarks, geographical indications, and copyright Developments in IP and human rights; IP and competition law; and IP and health The WTO panel report in the Australia-Tobacco case Professors and students will benefit from: An approach to the international IP system that situates the rules within the broader context of international law and the public policy objectives that governments, industry, and interest groups are seeking to achieve Case law from international dispute settlement bodies, as well as from national and regional courts Discussion of patent, trademark, geographical indication, copyright, design, trade secret, and data protection; as well as plant variety protection, protection of genetic resources and traditional knowledge, and the role of open source An explanation of the new European Union Unitary Patent system Exploration of the increasingly important role of emerging market IP systems Materials to help students understand the disputes between the United States and China involving IP, investment, and transfer of technology Inclusion of important jurisprudential developments
Download or read book Intellectual Property and Development written by Rami M. Olwan and published by Springer Science & Business Media. This book was released on 2013-03-15 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the correlation between Intellectual Property Law – notably copyright – on the one hand and social and economic development on the other. The main focus of the initial overview is on historical, legal, economic and cultural aspects. Building on that, the work subsequently investigates how intellectual property systems have to be designed in order to foster social and economic growth in developing countries and puts forward theoretical and practical solutions that should be considered and implemented by policy makers, legal experts and the Word Intellectual Property Organization (WIPO).
Download or read book Intellectual Property Rights in the WTO and Developing Countries written by Jayashree Watal and published by Springer. This book was released on 2001-02-23 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although it is common knowledge that the compliance of developing countries with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has become a serious stumbling block in the WTO agenda, the underlying reasons why this is so have not been dispassionately analyzed until the appearance of this book. Here, for the first time, is a thorough and secure foundation on which international trade lawyers and business people can build a global intellectual property regime that is both productive and fair. The implementation of the TRIPS regime with its enormous effect on national and global strategies for healthcare, agriculture, and the environment, among other crucial sectors of the world economy is clearly among the most critical projects currently under way in the field of international relations. As a former TRIPS negotiator for India, Jayashree Watal brings great authority to her account of the benefits and pitfalls of TRIPS compliance for developing countries. She provides a detailed understanding of how TRIPS was negotiated at the Uruguay Round, how various countries have implemented it so far, and how the WTO monitors compliance. She reveals how the WTO dispute settlement process has worked to date in matters involving TRIPS, and how it is likely to deal with new issues that arise. Most importantly, she explains how developing countries can interpret TRIPS to their best advantage, and how to ensure that the `constructive ambiguity' that characterizes the agreement remains flexible.
