Patent Exhaustion And International Trade Regulation
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Patent Exhaustion And International Trade Regulation
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Author : Santanu Mukherjee
language : en
Publisher: BRILL
Release Date : 2023-03-13
Patent Exhaustion And International Trade Regulation written by Santanu Mukherjee and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-13 with Law categories.
This book dives into the legal and economic rationale of patent exhaustion, studying its evolution from the beginning in Germany, UK and USA, to Japan and 10 developing countries. The author also analyses exhaustion under TRIPS, GATT, GATS and major regional agreements, including the EU, before assessing the interface of patent exhaustion with competition policy. The book also addresses public policy concerns of Least developed and developing countries linked to their IPR challenges as IP users. It concludes that an appropriate exhaustion mode under relevant legal measures would protect patents while also restraining patents to become non-tariff barriers. The open access publication of this book has been published with the support of the Swiss National Science Foundation.
Research Handbook On Intellectual Property Exhaustion And Parallel Imports
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Author : Irene Calboli
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-06-24
Research Handbook On Intellectual Property Exhaustion And Parallel Imports written by Irene Calboli 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 2016-06-24 with Law categories.
From the Americas to the European Union, Asia-Pacific and Africa, countries around the world are facing increased pressure to clarify the application of intellectual property exhaustion. This wide-ranging Research Handbook explores the questions that pose themselves as a result. Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the “Internet of things” redefined the concept of exhaustion in cyberspace? The Handbook offers insights to the challenges surrounding these questions and highlights how one answer does not fit all.
Intellectual Property Rights And International Trade
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Author : Shayerah Ilias
language : en
Publisher: Nova Publishers
Release Date : 2008
Intellectual Property Rights And International Trade written by Shayerah Ilias and has been published by Nova Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Business & Economics categories.
Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.
Intellectual Property Rights As Obstacles To Legitimate Trade
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Author : Christopher Heath
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-09-20
Intellectual Property Rights As Obstacles To Legitimate Trade written by Christopher Heath and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-20 with Law categories.
Intellectual Property Rights as Obstacles to Legitimate Trade helps to understand one of the underlying rationales of the TRIPS Agreement in light of some of the most pertinent IP issues. The WTO/TRIPS Agreement for the first time put IP rights in the context of trade rules, such as when does the exercise of IP rights become an unjustified burden to legitimate trade? Cases have arisen where IP rights are conferred, used, or enforced in a manner that arguably impedes trade, both in domestic and international contexts. This groundbreaking book is the first comprehensive assessment of this controversial area of trade law, shedding important new light on the underlying rationales of the TRIPS Agreement. With contributions by both practitioners and academics working in a range of countries, this book considers thorny issues in such areas as the following: – interpretation of ‘obstacles to legitimate trade’ in the context of GATT/ WTO jurisprudence; – separating markets by preventing parallel importation in the context of patents; – geoblocking – territorial separation of digital markets; – using trademarks to prevent competition; – geographical indications – protection of terms that are considered generic in certain domestic markets; – seizure of goods in transit; – ‘evergreening’ patents – attempts to extend the duration of patents; – rights to second-hand digital goods or content; – unjustified threats – towards appropriate standards of liability. Focusing on topical and under-researched areas of IP law, the contributors stimulate a discussion on an overarching concern that is not often addressed – how to assess whether the protection and enforcement of certain IP rights in particular situations should be classified as trade barriers. As an incisive analysis of the desirable balance between the exercise of IP rights and the demands of legitimate trade, this book will be welcomed by practitioners, lawmakers, policy advisers, and academics in both trade law and IP law.
Intellectual Property Public Policy And International Trade
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Author : Inge Govaere
language : en
Publisher: Peter Lang
Release Date : 2007
Intellectual Property Public Policy And International Trade written by Inge Govaere and has been published by Peter Lang this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The rising importance and continuous expansion of intellectual property protection quite naturally goes together with increasing concern about the legal and political foundations of such enhanced protection. Nowhere does the basic equation which underlies intellectual property, namely that the pursuit of short term private interest by the holders of such property will satisfy the public interest in the long term, become both more visible, but also questionable than at the crossroads between the grant and enforcement of exclusive rights with international trade. Catchphrases, such as patent protection and access to essential medicines, or access to genetic resources, benefit sharing and economic development, stand for fundamental tensions and conflicts between private property and the public interest. This book presents the contributions that have been made on these and related topics by a group of internationally renowned experts at a workshop held at the College of Europe, Bruges.
Exhausting Intellectual Property Rights
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Author : Shubha Ghosh
language : en
Publisher: Cambridge University Press
Release Date : 2018-11-08
Exhausting Intellectual Property Rights written by Shubha Ghosh 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 2018-11-08 with Law categories.
Provides an in-depth assessment of the exhaustion doctrine and explores how its various implementations have shaped international trade issues.
Intellectual Property
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Author : Thomas Cottier
language : en
Publisher: University of Michigan Press
Release Date : 2003-02-11
Intellectual Property written by Thomas Cottier and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-02-11 with Business & Economics categories.
DIVFocuses on the WTO and intellectual property rights in international law /div
Spares Repairs And Intellectual Property Rights
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Author : Christopher Heath
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
Spares Repairs And Intellectual Property Rights written by Christopher Heath and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
Although supplying spare and replacement parts and providing repair services form the basis of many legitimate businesses, many manufacturing enterprises seek to augment the competitive advantage realized at the market stage of selling their main products by attempting to monopolize the market for spares, repairs and refills. Increasingly, companies are using intellectual property laws to devise up-front business strategies to gain exclusive rights in the components of their products. This is the first in-depth analysis of the law in this relatively new and rapidly developing area of practice. It sheds clear light on the conflicting interests of manufacturers, consumers, spare parts makers and the general public; explores the extent to which this kind of business strategy can be more or less successful with respect to the different rights involved, and in different jurisdictions; and highlights the competition issues that inevitably arise. The essays included are revised and updated versions of papers presented at the seventh (2006) of the innovative IP conference organized annually by the Macau Institute of European Studies (IEEM) on intellectual property law and the economic challenges for Asia. Among the topics and issues covered are the following: ; notions of andrepairand and andrecycleand and their legal effects; the limits of IP rights in relation to repair and recycle; legal limits of end user licence agreements (EULAs) and technological protection measures (TPMs); patent exhaustion on repair and recycling; alteration of product andidentityand; the concept of andindirectand or andcontributoryand infringement; design law strategies; and secondary market definitions. The authors give detailed attention to cases in various jurisdictions that have guided and continue to guide business strategies in the field. Jurisdictions treated include the EU, the US, the UK, Germany, the Netherlands, China, Hong Kong, Japan, and Korea. In its clarification of the limits and possibilities of business strategies in this area of competition that is just beginning to attract attention, this book will be of great value not only to intellectual property law practitioners but to business people in nearly any field of production, especially where cross-border marketing is involved.
Intellectual Property And Development
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Author : Keith E. Maskus
language : en
Publisher: World Bank Publications
Release Date : 2005-01-01
Intellectual Property And Development written by Keith E. Maskus and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
International policies toward protecting intellectual property rights have seen profound changes over the past two decades. Rules on how to protect patents, copyright, trademarks and other forms of intellectual property have become a standard component of international trade agreements. Most significantly, during the Uruguay Round of multilateral trade negotiations (1986-94), members of what is today the World Trade Organization (WTO) concluded the Agreement on Trade Related Intellectual Property Rights (TRIPS), which sets out minimum standards of protection that most of the world's economies have to respect. How will developing countries fare in this new international environment? Intellectual Property and Development brings together empirical research that assesses the effects of changing intellectual property regimes on various measures of economic and social performance - ranging from international trade, foreign investment and competition, to innovation and access to new technologies. The studies presented point to an important development dimension to the protection of intellectual property. But a one-size fits all approach to intellectual property is unlikely to work. There is need to adjust intellectual property norms to domestic needs, taking into account developing countries' capacity to innovate, technological needs, and institutional capabilities. In addition, governments need to consider a range of complementary policies to maximize the benefits and reduce the costs of reformed intellectual property regulations. This book will be of interest to students and scholars of international law, particularly in the area of intellectual property rights, international trade, and public policy.
The Trips Regime Of Patents And Test Data
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Author : Nuno Pires de Carvalho
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24
The Trips Regime Of Patents And Test Data written by Nuno Pires de Carvalho and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-24 with Law categories.
This preeminent work has proven the best practical commentary on the TRIPS agreement related to patents and test data. This fifth edition, in which the author has revised the whole text and updated various arguments, continues to articulate with unmatched clarity the specific steps that a government or a company must take, in a wide variety of possible contexts, to ensure that its patent-related obligations under TRIPS are met. The presentation is arranged in an article-by-article format, following the TRIPS Agreement itself as it relates to patents and test data. In this way, the author’s incisive analysis covers every issue likely to arise in today’s patent and test data administrative and legal practice, including the following: ·significance of the recent entry into force of Article 31bis; · developments in enforcement of patent rights in the context of competition law; · the potential effects of Brexit and the new protectionist inclination of US trade policy; · expanded commentary on trade secrets and test data under Article 39; · alternate ways to transpose TRIPS obligations into national law; and · standards of intellectual property protection as a bargaining chip in international trade. The TRIPS Agreement has a direct impact on the daily activities of corporations, governments, and consumers. This book contains a very practical explanation of the meaning of the patent-related TRIPS provisions, how they should be reflected in national law, and how courts are expected to enforce them. For these reasons and more, the Fifth Edition is a crucially important resource for patent and public health lawyers seeking compliance as well as for government officials charged with the implementation of TRIPS obligations.