Competition Law, Technology Transfer and the TRIPS Agreement

Competition Law, Technology Transfer and the TRIPS Agreement
Title Competition Law, Technology Transfer and the TRIPS Agreement PDF eBook
Author Tu Thanh Nguyen
Publisher Edward Elgar Publishing
Pages 361
Release 2010-01-01
Genre Law
ISBN 184980544X

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The book deals with a difficult subject with an assured touch and will be a valuable text for postgraduate students, policy-makers and practitioners. European Intellectual Property Review This is the first ever book that addresses the important issue of the competition law, intellectual property and trade interface in a developing world context. The book s unique contribution is a set of comparative case studies on this complex interface. D. Daniel Sokol, University of Florida Levin College of Law, US The book investigates competition law and international technology transfer in the light of the TRIPS Agreement and the experience of both developed and developing countries. On that basis, it draws relevant implications for developing countries. Tu Thanh Nguyen argues that technology transfer-related competition law should be glocalized appropriately for the needs of local contexts, while intellectual property rights (IPR) are globalized. The book reveals that developing countries, according to the TRIPS Agreement, have the right to use domestic competition law to promote access to technology in order to protect national interests and consumer welfare. However, competition law is antitrust. It is neither anti-IPR nor anti-trade. The author finds that developing countries with limited competition law resources should set realistic priorities for the control of technology transfer-related anti-competitive practices. They can reasonably apply and adapt relevant regulations, decisions and judgments from developed country jurisdictions to their own circumstances. Competition Law, Technology Transfer and the TRIPs Agreement is a timely resource for postgraduate students, practitioners, and scholars in international competition law, IPR, and technology transfer. Policymakers in the field of technology transfer-related competition law/policy, especially in developing countries, will also find this book invaluable.

Intellectual Property Rights and Climate Change

Intellectual Property Rights and Climate Change
Title Intellectual Property Rights and Climate Change PDF eBook
Author Wei Zhuang
Publisher Cambridge University Press
Pages 469
Release 2017-06-01
Genre Law
ISBN 1108211143

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As the world confronts global warming, there is a growing consensus that the TRIPS Agreement could be a more effective instrument for mitigating climate change. In this innovative work, Wei Zhuang systematically examines the contextual elements that can be used in the interpretation of the TRIPS Agreement with a view to enhancing innovation and transfer of environmentally sound technologies. Zhuang proposes a balanced and pro-competitive interpretation that could be pursued by policymakers and negotiators. This comprehensive, multidisciplinary study will help academics and policymakers improve their understanding of the contemporary international legal regimes governing intellectual property rights, as well as innovation and transfer of environmentally sound technologies. It also offers practical guidance for further developing a legal system capable of responding to the challenges posed by climate change.

The TRIPS Agreement, Sustainable Development and the Public Interest

The TRIPS Agreement, Sustainable Development and the Public Interest
Title The TRIPS Agreement, Sustainable Development and the Public Interest PDF eBook
Author Simon Walker
Publisher IUCN
Pages 75
Release 2001
Genre Agreement on Trade-Related Aspects of Intellectual Property Rights
ISBN 2831706041

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This work addresses the environmental and developmental impacts of patent protection by focusing on the global agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). While the TRIPS agreement serves as an important step in harmonizing international intellectual property systems, the author contends that it currently fails to properly balance public and private interests, especially in the gap between rich and poor.

The Making of the TRIPS Agreement

The Making of the TRIPS Agreement
Title The Making of the TRIPS Agreement PDF eBook
Author Jayashree Watal
Publisher
Pages 0
Release 2015
Genre Agreement on Trade-Related Aspects of Intellectual Property Rights
ISBN 9789287042330

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A comprehensive account of the establishment of the World Trade Organization, focusing on those who shaped its creation as well as those who have influenced its evolution. The book examines trade negotiations, the WTO's dispute settlement role, the presence of coalitions and groupings within the WTO, the process of joining the organization and many other topics, including what lies ahead for the organization.

International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime

International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime
Title International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime PDF eBook
Author Keith E. Maskus
Publisher Cambridge University Press
Pages 952
Release 2005-06-08
Genre Law
ISBN 9781139444330

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Distinguished economists, political scientists, and legal experts discuss the implications of the increasingly globalized protection of intellectual property rights for the ability of countries to provide their citizens with such important public goods as basic research, education, public health, and environmental protection. Such items increasingly depend on the exercise of private rights over technical inputs and information goods, which could usher in a brave new world of accelerating technological innovation. However, higher and more harmonized levels of international intellectual property rights could also throw up high roadblocks in the path of follow-on innovation, competition and the attainment of social objectives. It is at best unclear who represents the public interest in negotiating forums dominated by powerful knowledge cartels. This is the first book to assess the public processes and inputs that an emerging transnational system of innovation will need to promote technical progress, economic growth and welfare for all participants.

Resource Book on TRIPS and Development

Resource Book on TRIPS and Development
Title Resource Book on TRIPS and Development PDF eBook
Author Unctad-ictsd
Publisher
Pages 829
Release 2005
Genre Economic development
ISBN 9781139444972

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NAture of obligations, principles and objectives; Substantive obligations; Intellectual property rights and competition; Enforcemente, maintenance and acquisition of rights; Interpretation and dispute settlement and prevention; Transitional and institutional arragements.

Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade

Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade
Title Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade PDF eBook
Author World Intellectual Property Organization
Publisher WIPO
Pages 259
Release 2013
Genre Law
ISBN 9280523082

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This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.