IP Asia
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Published: 2001
Total Pages: 312
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Intellectual Property in Asia
Author: Paul Goldstein
Publisher: Springer Science & Business Media
Published: 2009-01-07
Total Pages: 367
ISBN-13: 354089702X
DOWNLOAD EBOOKIntroduction 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.
Intellectual Property and Free Trade Agreements in the Asia-Pacific Region
Author: Christoph Antons
Publisher: Springer
Published: 2014-12-05
Total Pages: 433
ISBN-13: 3642308880
DOWNLOAD EBOOKThis 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.
Intellectual Property Rights and Communications in Asia
Author: Pradip Thomas
Publisher: SAGE
Published: 2006-08-04
Total Pages: 282
ISBN-13: 9780761934981
DOWNLOAD EBOOKRIGHT-WRONG; LEGAL-ILLEGAL. Such simple binary notions cannot be used to assess issues related to intellectual property and communications. One of te key dilemmas in the field of intellectual property rights today is the need for a system that rewards innovation and creativity while encouraging the social availability and distribution of ideas in the public domain. And this is the balance that this volume sets out to strike. With the ownership of IP becoming a core feature of media/information industries and state policy, issues related to access to knowledge and its use have become a matter of critical concern. While trade regimes, the state and the core cultural and information industries have begun to advocate greater scope for a variety of knowledge enclosures, civil society is increasingly arguing for a people-centred vision of knowledge futures. This vision includes the need for equity-based and flexible licensing regimes; the legitimacy of local solutions to IP-related issues; support for cultural diversity; and access to knowledge based on need rather than the ability to pay for knowledge. The central argument of this volume is that since access to knowledge in a knowledge economy is a passport to a better quality of life, then its fair distribution and universal availability ought to become a standard norm. The articles in this volume explore the contested nature of the ownership of and access to knowledge and support it with illustrative case studies from the Asian region. Exhaustively discussed from the point of view of the dominant ‘power’ interests as also the ‘margins’ (or indigenous communities), this volume provides emerging solutions supportive of public domain.
Intellectual Property Law in South East Asia
Author: Christoph Antons
Publisher: Edward Elgar Publishing
Published: 2023-02-14
Total Pages: 449
ISBN-13: 1035308398
DOWNLOAD EBOOKThis 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.
Intellectual Property in Asian Emerging Economies
Author: Assafa Endeshaw
Publisher: Routledge
Published: 2016-05-23
Total Pages: 320
ISBN-13: 1317114973
DOWNLOAD EBOOKThis 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.
The Future of Asian Trade Deals and IP
Author: Kung-Chung Liu
Publisher: Bloomsbury Publishing
Published: 2019-11-28
Total Pages: 373
ISBN-13: 1509922792
DOWNLOAD EBOOKThe first part of this open access book sets out to re-examine some basic principles of trade negotiation, such as choosing the right representatives to negotiate and enhancing transparency as a cure to the public's distrust against trade talks. Moreover, it analyses how the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP) might impact on the Regional Comprehensive Economic Partnership's (RCEP) IP chapter and examines the possible norm setters of Asian IP. It then focuses on the People's Republic of China's (PRC) trade and IP strategy against the backdrop of the power games between the PRC, India and the US. The second part of the book reflects on issues related to investor–state dispute settlement and its relationship with IP, such as how to re-calibrate the balance in international investment arbitration, and whether compulsory license of IP constitutes expropriation in India, the PRC and select ASEAN countries. The third part of the book questions and strives to improve some of the proposed IP provisions of CPTPP and RCEP and to redefine some aspects of international IP norms, such as: pre-grant patent opposition and experimental use exception; patent term extension; patent linkage and data exclusivity for the pharmaceutical sector; plant variety protection; pre-established damages for copyright infringement; and the restructuring of copyright limitations in the public interest. The open access edition of this book is available under a CC BY-NC-ND 3.0 licence on www.bloomsburycollections.com. Open access was funded by the Applied Research Centre for Intellectual Assets and the Law in Asia, School of Law, Singapore Management University.
Intellectual Property, Competition Law and Economics in Asia
Author: R Ian McEwin
Publisher: Bloomsbury Publishing
Published: 2011-10-07
Total Pages: 368
ISBN-13: 1847318398
DOWNLOAD EBOOKThis 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.
IP Laws and Regimes in Major Asian Economies
Author: Kung-Chung Liu
Publisher: Taylor & Francis
Published: 2022-08-11
Total Pages: 208
ISBN-13: 1000601293
DOWNLOAD EBOOKThis 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.
