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Author: Kung-Chung Liu Publisher: Taylor & Francis ISBN: 1000601293 Category : Law Languages : en Pages : 208
Book Description
This book systematically studies the structural characteristics of IP laws and regimes of major Asian economies, including (but not always) China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Singapore, Taiwan, and Thailand. It explores and crystallizes some worthy Asian models which could further help the development of international IP laws. This book begins with an overview of Asian modern history and IP laws. It discusses the three basic IP laws in Asia which are patent law, trademark law and copyright law. It looks at the pre-established damages for copyright infringement and trademark counterfeiting. The book also deals with problems with trade secret and its over-protection. It compares IP laws and four industries in India and China, and examines what role have IP laws played in the development in those industries and how India and China can learn from each other. Finally, it examines one medium and one small-sized Asian economy on its respective struggle (Taiwan’s efforts to build a coherent IP exhaustion regime) and a success story (how Singapore has utilized IP to secure its position in global value chains). This book is a useful reference for law students, scholars, practitioners, IP professionals who are interested in knowing Asia, Asian IP laws and industries, their struggles and finding ways to better global IP laws. The case studies could provide helpful lessons for other Asian economies and beyond.
Author: Kung-Chung Liu Publisher: Taylor & Francis ISBN: 1000601293 Category : Law Languages : en Pages : 208
Book Description
This book systematically studies the structural characteristics of IP laws and regimes of major Asian economies, including (but not always) China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Singapore, Taiwan, and Thailand. It explores and crystallizes some worthy Asian models which could further help the development of international IP laws. This book begins with an overview of Asian modern history and IP laws. It discusses the three basic IP laws in Asia which are patent law, trademark law and copyright law. It looks at the pre-established damages for copyright infringement and trademark counterfeiting. The book also deals with problems with trade secret and its over-protection. It compares IP laws and four industries in India and China, and examines what role have IP laws played in the development in those industries and how India and China can learn from each other. Finally, it examines one medium and one small-sized Asian economy on its respective struggle (Taiwan’s efforts to build a coherent IP exhaustion regime) and a success story (how Singapore has utilized IP to secure its position in global value chains). This book is a useful reference for law students, scholars, practitioners, IP professionals who are interested in knowing Asia, Asian IP laws and industries, their struggles and finding ways to better global IP laws. The case studies could provide helpful lessons for other Asian economies and beyond.
Author: Paul Goldstein Publisher: Springer Science & Business Media ISBN: 354089702X Category : Law Languages : en Pages : 367
Book Description
Introduction Intellectual property rights foster innovation. But if, as it surely does, “intellectual property” means not just intellectual property rules—the law of patents, copyrights, trademarks, designs, trade secrets, and unfair competition—but also intellectual property institutions—the courts, police, regulatory agencies, and collecting soc- ties that administer these rules—what are the respective roles of intellectual property rules and institutions in fostering creativity? And, to what extent do forces outside intellectual property rules and institutions—economics, culture, politics, history—also contribute to innovation? Is it possible that these other factors so overwhelm the impact of intellectual property regimes that it is futile to expect adjustments in intellectual property rules and institutions to alter patterns of inno- tion and, ultimately, economic development? It was to address these questions in the most dynamic region of the world today, Asia, that we invited leading country experts to contribute studies that not only summarize the current condition of intellectual property regimes in countries ranging in economic size from Cambodia to Japan, and in population from Laos to China, but that also describe the historical sources of these laws and institutions; the realities of intellectual property enforcement in the marketplace; and the political, economic, educational, and scientific infrastructures that sustain and direct inve- ment in innovative activity. A.
Author: Assafa Endeshaw Publisher: Routledge ISBN: 1317114973 Category : Law Languages : en Pages : 320
Book Description
This book critically reviews the recurrent debate on Intellectual Property law and policy in developing countries carried out in the last decade. It identifies the still unresolved policy issues and proposes alternative approaches that resonate with the needs for transformation of the economic and social reality of developing countries. Focusing on emerging economies in Asia, the work draws the wider lessons to be learnt by researchers, policy makers, legislators and the business sector in general and concludes by putting forward proposals for reform.
Author: Dan Prud’homme Publisher: Springer ISBN: 3030104044 Category : Business & Economics Languages : en Pages : 237
Book Description
This book evaluates the risks that China’s intellectual property (IP) regime poses to innovation. China's IP regime has been heavily criticized as potentially stifling innovation. However, the country’s innovation capabilities have risen significantly and major reforms have recently been made to its IP regime. How risky, really, is China's IP regime for innovation? This book investigates this question at different units of analysis based on a multidisciplinary assessment involving law, management, economics, and political science. Specifically, it critically appraises China's substantive IP laws, measures for boosting patent quantity and quality, measures for transmitting and exploiting technological knowledge, new experimental IP measures, and China's systems for administering and enforcing IP. Practitioners and scholars from various backgrounds can benefit from the up-to-date analysis as well as the practical managerial tools provided, including risk assessment matrices for businesses and recommendations for institutional reform.
Author: Lurong Chen Publisher: Routledge ISBN: 1000477290 Category : Law Languages : en Pages : 212
Book Description
The trade-investment-service-intellectual property (IP) nexus remains at the heart of economic development and the main features of which are global value chains (GVCs) and digitalisation. The protection of intellectual property rights (IPR) has become a critical issue not only for advanced economies but also for emerging markets. This edited volume contributes to the debates on IPR protection and economic development from the perspective of Association of Southeast Asian Nations (ASEAN) member states. The book provides insights into the mechanism and evidence on how effective IPR protection will increase economic and social welfare via promoting innovation activities and providing incentives to diffuse knowledge and transfer technologies. Written by economists and lawyers from the region, these experts share their latest findings and thoughts on how countries in Southeast Asia have been progressively improving IPR protection and increasing the interoperability of different IPR regimes through regional cooperation to facilitate business operations in the context of digital transformation.
Author: World Intellectual Property Organization Publisher: WIPO ISBN: 9280519263 Category : Law Languages : en Pages : 287
Book Description
This publication is a compilation of the general and national reports from two research projects. It is hoped that they will be of interest to policy makers and positively contribute to the on-going debate regarding the relationship between intellectual property and economic development.
Author: Christopher Heath Publisher: Kluwer Law International B.V. ISBN: 9041122923 Category : Law Languages : en Pages : 275
Book Description
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
Author: Kung-Chung Liu Publisher: Springer Nature ISBN: 981138102X Category : Law Languages : en Pages : 513
Book Description
This open access book analyses intellectual property codification and innovation governance in the development of six key industries in India and China. These industries are reflective of the innovation and economic development of the two economies, or of vital importance to them: the IT Industry; the film industry; the pharmaceutical industry; plant varieties and food security; the automobile industry; and peer production and the sharing economy. The analysis extends beyond the domain of IP law, and includes economics and policy analysis. The overarching concern that cuts through all chapters is an inquiry into why certain industries have developed in one country and not in the other, including: the role that state innovation policy and/or IP policy played in such development; the nature of the state innovation policy/IP policy; and whether such policy has been causal, facilitating, crippling, co-relational, or simply irrelevant. The book asks what India and China can learn from each other, and whether there is any possibility of synergy. The book provides a real-life understanding of how IP laws interact with innovation and economic development in the six selected economic sectors in China and India. The reader can also draw lessons from the success or failure of these sectors.
Author: Kung-Chung Liu
Author: Kung-Chung Liu
Author: Paul Goldstein
Author: Assafa Endeshaw
Author: 
Author: Dan Prud’homme
Author: Lurong Chen
Author: World Intellectual Property Organization
Author: Keith Eugene Maskus
Author: Christopher Heath
Author: Kung-Chung Liu