Competition Law Technology Transfer And The Trips Agreement
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Competition Law Technology Transfer And The Trips Agreement
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Author : Tu Thanh Nguyen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Competition Law Technology Transfer And The Trips Agreement written by Tu Thanh Nguyen and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
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.
Competition Law Technology Transfer And The Trips Agreement
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Author : Dr. Tú Thanh Nguyễn
language : en
Publisher: Edward Elgar Pub
Release Date : 2010
Competition Law Technology Transfer And The Trips Agreement written by Dr. Tú Thanh Nguyễn and has been published by Edward Elgar Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
`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, USA 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 (IPRs) 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.
From Gatt To Trips
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Author : Friedrich-Karl Beier
language : en
Publisher: Wiley-VCH
Release Date : 1996-09-26
From Gatt To Trips written by Friedrich-Karl Beier and has been published by Wiley-VCH this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-09-26 with Business & Economics categories.
The "Agreement on Trade-Related Aspects of Intellectual Property Rights" of 1994 constitutes a milestone in the international protection of these rights and the most far-reaching agreement to follow upon the venerable Paris and Berne Conventions. Under the aegis of the newly established World Trade Organization, international intellectual property protection has for the first time been linked to trade policy issues. The TRIPs Agreement also obliges its Members as regards the enforcement of rights and dispute settlement. This volume in the IIC Studies series undertakes a comprehensive analysis of all the fields of industrial and intellectual property law regulated and affected by TRIPs. It is an indispensable tool for lawyers, practitioners and scholars in this area.
Legal Rules Of Technology Transfer In Asia
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Author : Christopher Heath
language : en
Publisher: Springer
Release Date : 2002-10-30
Legal Rules Of Technology Transfer In Asia written by Christopher Heath and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-10-30 with Law categories.
Despite the harmonizing effect of TRIPS and intellectual property law in general, technology transfer remains firmly rooted in domestic contract law and public policy. However, similarities in legal culture across many national borders keep this problem to a minimum andndash; until we approach the technologically advanced countries of East Asia. For practitioners worldwide working with technology transfer in this culturally heterogeneous part of the world, Legal Rules of Technology Transfer in Asia is a godsend. For each of nine significant technology market jurisdictions andndash; the PRC, Taiwan, Japan, Korea, Vietnam, Thailand, Malaysia, Singapore and Indonesia andndash; this nuts-and-bolts approach to the applicable national rules provides all necessary legal information and guidance. Country chapters by local authorities are structured to cover the following essential factors: government policy on technological research and transfer; intellectual property system; licensing agreements; registration and notification; dispute resolution; tax considerations; transfer of patents; choice of law questions; franchising; publicity and merchandising; anti-trust rules. ...and many other invaluable details to help lawyers and business persons avoid pitfalls and make the most of the technology transfer opportunities available in these countries. Two introductory chapters provide a much-needed perspective on technology transfer in the context of the world trade regime as it especially affects East Asia, with an emphasis on the trend to clarify and strengthen anti-trust rules. A concluding chapter surveys the market anthropology of the region and offers an expert assessment of the probable future development of technology transfer trade in the region. With its first-hand, in-depth, country-by-country analysis, and its firm grasp on a diversity of relevant legal and cultural issues, Legal Rules of Technology Transfer in Asia is unexcelled for desktop use in offices handling East Asian trade in technology products.
The Trips Agreement And Developing Countries
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Author : United Nations Conference on Trade and Development
language : en
Publisher:
Release Date : 1996
The Trips Agreement And Developing Countries written by United Nations Conference on Trade and Development and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Business & Economics categories.
This book presents us with an assessment of the economic implications of the TRIPs agreement for developing countries focusing on market-related costs & benefits, as well as direct costs stemming from the implementation of each discipline. It also explores the role international organizations can play in terms of assistance. Detailed results of case studies carried out to envelope countries of different regions & different levels of economic & technological development are also included.
International Technology Transfer
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Author : United States International Trade Commission
language : en
Publisher:
Release Date : 1979
International Technology Transfer written by United States International Trade Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Export controls categories.
International Licensing Agreements
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Author : Michala Meiselles
language : en
Publisher:
Release Date : 2018
International Licensing Agreements written by Michala Meiselles and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Antitrust law categories.
Preface --List of Abbreviations --Acknowledgements --Introduction --Competition Law Considerations --International Trademark Licensing --International Software Licensing --Franchising --Technology Transfer Agreements --International Dispute Resolution --Table of Cases --Table of Legislation.
Intellectual Property Rights And Climate Change
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Author : Wei Zhuang
language : en
Publisher: Cambridge University Press
Release Date : 2017-06
Intellectual Property Rights And Climate Change written by Wei Zhuang and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06 with Law categories.
6.4.3.1.2 Prior Negotiations with the Right Holder
The Patent Competition Interface In Developing Countries
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Author : Thomas K. Cheng
language : en
Publisher: Oxford University Press
Release Date : 2021-12-16
The Patent Competition Interface In Developing Countries written by Thomas K. Cheng and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-16 with Law categories.
This book proposes an approach to the patent-competition interface for developing countries. It puts forward a theoretical framework after canvassing relevant policy considerations and examines the many reasons why patent protection is not essential for generating innovation incentives in developing countries. These include the tendency of the patent system to overcompensate innovators, the availability of other appropriation mechanisms for innovators to monetize their innovations, and the lack of appropriate technological capacity in many developing countries to take advantage of the incentives generated by the patent system. It also argues that developing countries with a small population need not pay heed to the impact of their patent system on the incentives of foreign innovators. It then proposes a classification of developing countries into production countries, technology adaptation countries, and proto-innovation countries and argues that dynamic efficiency considerations take on different meanings for developing countries depending on their technological capacities. For the vast majority of developing countries bereft of meaningful innovation capacity, foreign technology transfer is the main vehicle for technological progress. The chief dynamic policy consideration for these countries is hence incentives for technology transfer instead of innovation incentives. There are three main means of voluntary technology transfer: importation of technological goods, foreign direct investment, and technology licensing. Competition law regulation of patent exploitation practices interacts with these three means of technology transfer in different ways and an appropriate approach to the patent-competition interface for these countries needs to take these into account. Distilling all these considerations, the book proposes a development stage-specific approach to the patent-competition interface for developing countries. The approach is then applied to a number of patent exploitation practices, including unilateral refusal to deal, patent tying, excessive pricing for pharmaceuticals, reverse payment settlements, and restrictive licensing practices.
International Public Goods And Transfer Of Technology Under A Globalized Intellectual Property Regime
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Author : Keith E. Maskus
language : en
Publisher: Cambridge University Press
Release Date : 2005-06-08
International Public Goods And Transfer Of Technology Under A Globalized Intellectual Property Regime written by Keith E. Maskus and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-06-08 with Law categories.
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.