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Intellectual Property Rights in the Asia-Pacific Trade Context

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Release : 2016
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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. This book was released on 2016. 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.

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

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Release : 2014-12-05
Genre : Law
Kind : eBook
Book Rating : 880/5 ( reviews)

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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. This book was released on 2014-12-05. 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.

The Protection of Well-Known Marks in Asia

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Release : 2000-03-08
Genre : Law
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Book Synopsis The Protection of Well-Known Marks in Asia by : Christopher Heath

Download or read book The Protection of Well-Known Marks in Asia written by Christopher Heath. This book was released on 2000-03-08. Available in PDF, EPUB and Kindle. Book excerpt: Trade mark law has become an increasingly important field of law in the context of a rapidly globalizing economy. The promotion and protection of marks is widely viewed as the most important tool for a successful expansion of business, particularly in areas of economic transformation such as the Asia-Pacific region. The importance of the Asian market for global competition makes the appearance of a book on the protection of well-known marks in Asia extremely timely. This collection of expert essays examines the legal protection of well-known marks both under trade mark and unfair competition law in 10 different jurisdictions of the Asia-Pacific region, analysing the still widespread piracy of well-known marks in the context of the underlying legal and cultural concepts. It explores the significance of trade marks in an information society, highlighting the tensions between those seeking to protect their well-established brands globally in an age of electronic commerce, and those concerned to prevent large firms from being granted indiscriminate control over certain marks without having made the corresponding marketing efforts. It examines the opportunities and problems arising from the advent of the new digital technology, and looks at some of the issues the technology gives rise to, such as the protection of domain names. The papers collected in this volume are the revised and updated proceedings of a conference on Trade Marks, Domain Names and Unfair Competition in the Information Age, held in Taipei in January 1999, as the result of the co-operation by the Sun Yat-Sen Institute for Social Sciences and Philosophy, Academia Sinica, Taipei, and the Max Planck Institute, Munich.

Intellectual Property Harmonisation Within ASEAN and APEC

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Release : 2004-01-01
Genre : Law
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Book Rating : 923/5 ( reviews)

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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. This book was released on 2004-01-01. 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

Proceedings of the National Symposium on the Role of Intellectual Property Rights in International Trade and Business

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Release : 1996
Genre : Intellectual property
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Book Rating : 489/5 ( reviews)

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Book Synopsis Proceedings of the National Symposium on the Role of Intellectual Property Rights in International Trade and Business by : Michael Blakeney

Download or read book Proceedings of the National Symposium on the Role of Intellectual Property Rights in International Trade and Business written by Michael Blakeney. This book was released on 1996. Available in PDF, EPUB and Kindle. Book excerpt:

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