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The Internet and the Emerging Importance of New Forms of Intellectual Property
The term ‘intellectual property’ has come to include numerous intangible rights beyond the traditional ‘Big Three’ (patent, trademark and copyright) – rights that force us to reconsider and maybe also change the object and purpose of intellectual property (IP). Not only do these rights generally have less solid normative footing and few if any well understood inherent limits, but the borders of their misappropriation are hard to draw. This groundbreaking book scrutinizes the existence of commonalities in this realm, and poses the question of what risks and advantages accrue to such IP or ‘IP-like’ rights. Sixteen distinguished contributors offer in-depth analyses of such rights...
The Future of Asian Trade Deals and IP
The 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 rela...
Intellectual Property Futures
The past few decades have been witness to a number of important developments with respect to the global intellectual property (IP) system, including shifts in focus between multilateralism and bilateralism/regionalism; growing recognition of the various ways in which IP intersects with and impacts areas including human rights, development, trade, and social justice; broad acknowledgement of the economic value of many IP rights; and important theoretical interventions that have challenged the values underlying the global IP system. These developments have occurred alongside several other events, changes, and crises that have altered the landscape of our global communities. Chief among them ar...
Global Intellectual Property Protection and New Constitutionalism
This collection of essays, written by international experts and covering a range of different areas of intellectual property law, draws on constitutional theory, and particularly on ideas of "new constitutionalism", to engage with the complex array of contemporary legal constraints on intellectual property law-making.
Intellectual Property Law and Access to Medicines
The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors – states, transnational business corporations, or civil society groups – and their influence on the structures – such as national and international agreements, organizations, and private entities – that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreeme...
Florida Law Review
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Intellectual Property, Innovation, and Economic Inequality
"In this authoritative, interdisciplinary volume, leading experts from across the globe examine the link between intellectual property and economic inequality. Featuring economists, legal scholars, policy analysts, and other commentators, the book examines timely issues like race and gender disparities and the North-South divide in innovation"--
Current Law Index
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Intellectual Property, Trade and Development
This book provides a comprehensive analysis of the latest legal, economic, political and social research and advanced current thinking on the relationship between intellectual property and trade and development. It starts with coverage of the theoretical basis of the connections between intellectual property, trade and development. It presents options as to how intellectual property rules can be incorporated in the local legal framework and how the positive impact of intellectual property standards can be maximized while minimizing welfare costs. It includes implementation strategies for TRIPS and TRIPS Plus norms, and also the use of measures outside the traditional scope of intellectual property norms. These measures range from education to the establishment or enhancement of a solid industrial and research base, to fighting pandemics such as HIV/AIDS. Possible economic strategies and proposals are also offered on the protection of traditional knowledge and indigenous resources.
