Intellectual Property, Competition Law and Economics in Asia

Intellectual Property, Competition Law and Economics in Asia

Author: R Ian McEwin

Publisher: Bloomsbury Publishing

Published: 2011-10-07

Total Pages: 462

ISBN-13: 1847318258

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This book results from a conference held in Singapore in September 2009 that brought together distinguished lawyers and economists to examine the differences and similarities in the intersection between intellectual property and competition laws in Asia. The prime focus was how best to balance these laws to improve economic welfare. Countries in Asia have different levels of development and experience with intellectual property and competition laws. Japan has the longest experience and now vigorously enforces both competition and intellectual property laws. Most other countries in Asia have only recently introduced intellectual property laws (due to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement) and competition laws (sometimes due to the World Bank, International Monetary Fund or free trade agreements). It would be naïve to think that laws, even if similar on the surface, have the same goals or can be enforced similarly. Countries have differing degrees of acceptance of these laws, different economic circumstances and differing legal and political institutions. To set the scene, Judge Doug Ginsburg, Greg Sidak, David Teece and Bill Kovacic look at the intersection of intellectual property and competition laws in the United States. Next are country chapters on Asia, each jointly authored by a lawyer and an economist. The country chapters outline the institutional background to the intersection in each country, discuss the policy underpinnings (theoretically as well as describing actual policy initiatives), analyse the case law in the area, and make policy prescriptions.


Intellectual Property in Asia

Intellectual Property in Asia

Author: Paul Goldstein

Publisher: Springer Science & Business Media

Published: 2009-01-07

Total Pages: 367

ISBN-13: 354089702X

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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.


Innovation, Economic Development, and Intellectual Property in India and China

Innovation, Economic Development, and Intellectual Property in India and China

Author: Kung-Chung Liu

Publisher: Springer Nature

Published: 2019-09-06

Total Pages: 513

ISBN-13: 981138102X

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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.


The Interplay Between Competition Law and Intellectual Property

The Interplay Between Competition Law and Intellectual Property

Author: Gabriella Muscolo

Publisher: Kluwer Law International B.V.

Published: 2019-01-17

Total Pages: 633

ISBN-13: 9041186905

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Although competition law and intellectual property are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's markets-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields


Intellectual Property for Economic Development

Intellectual Property for Economic Development

Author: Sanghoon Ahn

Publisher: Edward Elgar Publishing

Published: 2014-06-27

Total Pages: 324

ISBN-13: 178254805X

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Protection of intellectual property rights (IPRs) serves a dual role in economic development. While it promotes innovation by providing legal protection of inventions, it may retard catch-up and learning by restricting the diffusion of innovations. Doe


The Oxford Handbook of Intellectual Property Law

The Oxford Handbook of Intellectual Property Law

Author: Rochelle Cooper Dreyfuss

Publisher: Oxford University Press

Published: 2018

Total Pages: 1025

ISBN-13: 0198758456

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A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.


Intellectual Property and Sustainable Development

Intellectual Property and Sustainable Development

Author: Ricardo Meléndez-Ortiz

Publisher: Edward Elgar Publishing

Published: 2009

Total Pages: 491

ISBN-13: 1849803455

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ÔThis is a thought-provoking book with relevance to a broad readership, especially IP practitioners with a strong international focus.Õ Ð Australian Intellectual Property Law Bulletin Intellectual property (IP) has gained an unprecedented importance in the new world of globalization and the knowledge economy. However, experience, as well as cyclical attitudes toward IP, show that there is no universal model of IP protection. This comprehensive book considers new and emerging IP issues from a development perspective, examining recent trends and developments in this area. Presenting an overview of the IP landscape in general, the contributing authors subsequently narrow their focus, providing wide-ranging case studies from countries across Africa, Asia and Latin America on topical issues in the current IP discourse. These include the impact of IP on the pharmaceutical sector, the protection of life forms and traditional knowledge, geographical indications, access to knowledge and public research institutes, and the role of competition policy. The challenges developing countries face in the TRIPS-Plus world are also explored in detail. The diverse range of contributions to this thought-provoking book offer a wide variety of alternative perspectives on and solutions for the controversial issues surrounding the role of IP within sustainable development. As such, it will prove a stimulating read for government policy-makers, trade negotiators, academics, lawyers and IP practitioners in general, UN and other intergovernmental agencies, development campaigners and aid agencies, environmentalist groups and university students.


The Economics of Intellectual Property. Suggestions for Further Research in Developing Countries and Countries with Economies in Transition

The Economics of Intellectual Property. Suggestions for Further Research in Developing Countries and Countries with Economies in Transition

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2009-01-01

Total Pages: 230

ISBN-13: 9280517910

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The series of papers in this publication were commissioned from renowned international economists from all regions. They review the existing empirical literature on six selected themes relating to the economics of intellectual property, identify the key research questions, point out research gaps and explore possible avenues for future research.


Intellectual Property Law in South East Asia

Intellectual Property Law in South East Asia

Author: Christoph Antons

Publisher: Edward Elgar Publishing

Published: 2023-02-14

Total Pages: 449

ISBN-13: 1035308398

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This timely book provides a comprehensive survey of recent developments in intellectual property (IP) law within the Association of Southeast Asian Nations (ASEAN) countries, written by experienced scholars and practitioners in the field.