Author: Carlos M. Correa Publisher: Kluwer Law International B.V. ISBN: 9041166580 Category : Law Languages : en Pages : 586
Book Description
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPR). Compared to prior IPR conventions, TRIPS constitutes a major qualitative leap which radically modifies not only the context in which IPR are considered internationally, but also their substantive content and the methods for their enforcement and dispute settlement. This much-welcomed treatise, now in its third edition, thoroughly updates its comprehensive analysis of the substantive provisions of the Agreement and their actual interpretation and application in different jurisdictions, with new material on the burgeoning case law and on major changes in plant variety protection. As in previous editions, the book may be relied upon for in-depth clarification of such matters as the following: • standards established under the agreement; • enforcement measures; • social and legal issues; • legal and policy possibilities offered; • legislative latitude allowed to WTO Member States; • incorporation of TRIPS into domestic law; • protection of integrated circuit design; • protection of innovation and R&D for diseases that disproportionately affect developing countries; • challenges raised by ongoing technological changes; • access to medicines; • protection of confidential (undisclosed) information; and • interface between competition law and intellectual property protection. With fifteen chapters contributed by a distinguished panel of experts representing diverse parties — international organisations, legal practice, government policy, and academia — the third edition offers an incomparable framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Thoroughly revised and updated, the third edition will be of great value to all professionals and business people concerned with international trade. It stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the Agreement and the loose ends that may need consideration in the future at the national or international level.
Author: Shayerah Ilias Publisher: Nova Publishers ISBN: 9781604565621 Category : Business & Economics Languages : en Pages : 84
Book Description
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.
Author: Evelyn P. Gilbert Publisher: ISBN: 9781634823975 Category : Foreign trade regulation Languages : en Pages : 125
Book Description
Intellectual property rights (IPR) are legal rights granted by governments to encourage innovation and creative output by ensuring that creators reap the benefits of their inventions or works. They may take forms such as patents, trade secrets, copyrights, trademarks, or geographical indications. Congress has constitutional responsibility for legislating and overseeing IPR and international trade policy. Responsibility for developing IPR policy, engaging in IPR-related international negotiations, and enforcing IPR laws cuts across multiple U.S. government agencies. This book provides background on IPR and discusses the role of U.S. international trade policy in enhancing IPR protection and enforcement abroad. This book also describes Customs and Border Protection's (CBP) processes for enforcing exclusion orders; and assesses CBP's management of its enforcement process at ports of entry.
Author: Keith E. Maskus Publisher: World Bank Publications ISBN: 9780821383483 Category : Law Languages : en Pages : 360
Book Description
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.
Author: Keith E. Maskus Publisher: Emerald Group Publishing ISBN: 184950539X Category : Law Languages : en Pages : 560
Book Description
Offers comprehensive and analytical literature surveys of the central questions regarding the linkages between intellectual property protection, international trade and investment, and economic growth. This book covers such questions as policy coordination in IPR, dispute resolution, and markets for technology and technology transfer.
Author: Christopher Heath Publisher: Kluwer Law International B.V. ISBN: 9403502053 Category : Law Languages : en Pages : 228
Book Description
Intellectual Property Rights as Obstacles to Legitimate Trade helps to understand one of the underlying rationales of the TRIPS Agreement in light of some of the most pertinent IP issues. The WTO/TRIPS Agreement for the first time put IP rights in the context of trade rules, such as when does the exercise of IP rights become an unjustified burden to legitimate trade? Cases have arisen where IP rights are conferred, used, or enforced in a manner that arguably impedes trade, both in domestic and international contexts. This groundbreaking book is the first comprehensive assessment of this controversial area of trade law, shedding important new light on the underlying rationales of the TRIPS Agreement. With contributions by both practitioners and academics working in a range of countries, this book considers thorny issues in such areas as the following: – interpretation of ‘obstacles to legitimate trade’ in the context of GATT/ WTO jurisprudence; – separating markets by preventing parallel importation in the context of patents; – geoblocking – territorial separation of digital markets; – using trademarks to prevent competition; – geographical indications – protection of terms that are considered generic in certain domestic markets; – seizure of goods in transit; – ‘evergreening’ patents – attempts to extend the duration of patents; – rights to second-hand digital goods or content; – unjustified threats – towards appropriate standards of liability. Focusing on topical and under-researched areas of IP law, the contributors stimulate a discussion on an overarching concern that is not often addressed – how to assess whether the protection and enforcement of certain IP rights in particular situations should be classified as trade barriers. As an incisive analysis of the desirable balance between the exercise of IP rights and the demands of legitimate trade, this book will be welcomed by practitioners, lawmakers, policy advisers, and academics in both trade law and IP law.
Author: Meir Perez Pugatch Publisher: Edward Elgar Publishing ISBN: 9781845420741 Category : Law Languages : en Pages : 298
Book Description
'This book is a substantial contribution to the discussion on trade-related intellectual property rights. It provides a clear, step-by-step, in-depth analysis of the TRIPS agreement, particularly as it relates to the European pharmaceutical industry. Politics, law and economics are judiciously blended. Meir Pugatch's work should be read not just by academic experts and students in the field, but also by trade policy and IPR practitioners interested in an accessible, policy-relevant treatment of the issues at hand.' - Razeen Sally, London School of Economics and Political Science, UK This book investigates the realm of intellectual property rights (IPRs) within the context of international political economy. In particular, it examines the extent to which powerful interest groups, such as pharmaceutical multinational companies, influence the political dynamism underlying the field of IPRs. Meir Perez Pugatch argues that a pure economic approach does not provide a sufficient or satisfactory explanation for the creation of intellectual property rights, most notably patents. The author instead suggests that a dynamic approach, based on the international political economy of interest groups and systemic outcomes, provides a better starting point for explaining how the international intellectual property agenda is determined.
Author: National Research Council Publisher: National Academies Press ISBN: 0309048338 Category : Political Science Languages : en Pages : 457
Book Description
As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
Author: Alan W. Osling Publisher: ISBN: 9781607411192 Category : Drugs Languages : en Pages : 0
Book Description
This book provides background on intellectual property rights (IPR) and discusses the role of U.S. international trade policy in enhancing IPR protection and enforcement abroad. IPR are legal rights granted by governments to encourage innovation or works and they may take the form of patents, trade secrets, copyrights, trademarks, or geographical indications. U.S. industries that rely on IPR contribute significantly to U.S. economic growth, employment, and trade with other countries. Counterfeiting and piracy in other countries may result in the loss of billions of dollars of revenue for U.S. firms as well as the loss of jobs.
Author: Carlos M. Correa
Author: Shayerah Ilias
Author: Evelyn P. Gilbert
Author: Keith E. Maskus
Author: Keith Eugene Maskus
Author: Keith E. Maskus
Author: Christopher Heath
Author: Meir Perez Pugatch
Author: National Research Council
Author: Alan W. Osling