The Interface Between Intellectual Property And Investment Law
DOWNLOAD
Download The Interface Between Intellectual Property And Investment Law PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Interface Between Intellectual Property And Investment Law book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Interface Between Intellectual Property And Investment Law
DOWNLOAD
Author : Oke, Emmanuel K.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-07-31
The Interface Between Intellectual Property And Investment Law written by Oke, Emmanuel K. 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 2021-07-31 with Law categories.
This original book presents a critical analysis of the interface between international intellectual property law and international investment law through the lens of intertextuality. It argues that a structuralist approach to intertextuality can be useful in the context of legal interpretation, especially in relation to the interpretation of treaties.
The Protection Of Intellectual Property Rights Under International Investment Law
DOWNLOAD
Author : Simon Klopschinski
language : en
Publisher: Oxford International Arbitrati
Release Date : 2020-07-14
The Protection Of Intellectual Property Rights Under International Investment Law written by Simon Klopschinski and has been published by Oxford International Arbitrati this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-14 with Law categories.
In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. In economic terms, the accumulated stock of FDI and its generation of commercial activity by foreign affiliates have made FDI comparatively more important than international trade in goods and services. While FDI has experienced long-term steady growth until the recent financial crisis, another powerful trend has been transforming an important part of modern economies: these economies are becoming predominantly 'conceptual', reflecting the vital role of ideas in common and highly valued products and services, and shifting the emphasis in asset valuation from physical to intellectual property (IP). As this trend continues, a similar change can be observed in FDI: foreign investments are reflecting an increasing concentration of intellectual capital invested in knowledge goods protected by intellectual property rights. Thus, IP rights have never been more economically and politically important or controversial than they are today. There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include various international investment agreements (IIAs), which regard IP rights as a protected investment. This book will analyse the standards of treatment and protection enshrined in IIAs for IP rights, with reference to topics such as the fragmentation of international law; investor-host-state dispute resolution; investors and investments; relative standards of treatment (such as most favoured nation); absolute standards of treatment (such as fair and equitable treatment); and expropriation. Since many questions regarding the relevance of IIA for IP rights have not been decided yet by investment tribunals, this lack of practice will be addressed by the analysis of hypothetical cases based on actual cases decided by other adjudicating bodies in different legal contexts, such the European Court of Human Rights or the European Court of Justice. Pending proceedings such as Philip Morris and Eli Lilly will also be discussed.
Intellectual Property And Development Understanding The Interfaces
DOWNLOAD
Author : Carlos Correa
language : en
Publisher: Springer
Release Date : 2019-02-25
Intellectual Property And Development Understanding The Interfaces written by Carlos Correa and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-25 with Law categories.
This book comprises chapters by leading international authors analysing the interface between intellectual property and foreign direct investment, development, and free trade. The authors search for a balance between the conflicting interests that inherently coexist in intellectual property law. The chapters dig deep into the subjects and notions that have become central in international intellectual property legal developments: i) flexibility, public interest and policy-space for implementation; ii) interfaces between the intellectual property regime and other legal regimes; and iii) the development of international intellectual property law and its influence on national legal orders, which includes the implementation of intellectual property undertakings.
Intellectual Property And International Dispute Resolution
DOWNLOAD
Author : Christopher Heath
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-08-31
Intellectual Property And International Dispute Resolution 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 2019-08-31 with Law categories.
Christopher Heath is a judge at the Boards of Appeal of the European Patent Office and former researcher of the Max Planck Institute in Munich. Anselm Kamperman Sanders is Professor of Intellectual Property Law and Director of the IPKM Master’s Programme at Maastricht University, the Netherlands. About this book: Intellectual Property and International Dispute Resolution, the first in-depth treatment of the interface between intellectual property rights and international dispute resolution. The book highlights the different mechanisms of international dispute settlement, having particular regard to cases involving intellectual property law. Investor dispute tribunals, as provided for in many bilateral and multilateral trade agreements, are suspected of intransparency, because proceedings are not public, of unequal treatment, because they give foreign investors a right of action where domestic investors would have none, and of undermining democracy, because they allow democratically enacted laws to be challenged with no possibility of appeal. What’s in this book: In this important book, a number of prominent legal scholars and practitioners examine the extent to which challenges against domestic legislation based on an alleged direct or indirect expropriation of intellectual property rights may be justified. The contributions cover such aspects as: history and current practice of international dispute resolution; direct application of international agreements by national courts; comparison of investor dispute settlement tribunals with other fora such as the WTO or domestic courts for determining compliance with international intellectual property standards; what can be considered ‘investment’ and ‘expropriation’ in the field of intellectual property; legislative freedom to operate when limiting intellectual property rights, particularly in the field of health and safety; and how societal interests could influence future legislation in the field of intellectual property law. One major focus of the book are the challenges against tobacco plain packaging legislation before domestic and international courts and tribunals and their outcome. How this book will help you: The book’s detailed analysis of the nature of investor dispute tribunals and how they may conflict with public interests – and its exploration of possible alternatives – is sure to be of great interest to internationally operating companies, policymakers, practitioners and scholars in both international trade law and intellectual property law.
Intellectual Property Rights As Foreign Direct Investments
DOWNLOAD
Author : Lukas Vanhonnaeker
language : en
Publisher:
Release Date : 2015
Intellectual Property Rights As Foreign Direct Investments written by Lukas Vanhonnaeker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Intellectual property categories.
This discerning book examines the interface between intellectual property and foreign direct investments to consider one key question: how does the international investment law framework and the international legal regime regulating intellectual property converge? The book scrutinizes circumstances in which and to what extent international investment law's traditional protective standards apply to intellectual property rights investments and contributes to debate surrounding the fragmentation of international law, arising from its expansion and diversification.
Multi Dimensional Approaches Towards New Technology
DOWNLOAD
Author : Ashish Bharadwaj
language : en
Publisher: Springer
Release Date : 2018-07-23
Multi Dimensional Approaches Towards New Technology written by Ashish Bharadwaj and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-23 with Law categories.
This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.
Contemporary Issues In Intellectual Property Law In Africa
DOWNLOAD
Author : Olasupo Owoeye
language : en
Publisher: Taylor & Francis
Release Date : 2024-10-16
Contemporary Issues In Intellectual Property Law In Africa written by Olasupo Owoeye and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-16 with Law categories.
This book discusses the impact of intellectual property and international investment agreements within Africa. It investigates how African nations can enhance their current intellectual property legislation across various regions of the continent, while simultaneously fostering the development of local industries and stimulating innovation and creativity within the region. Despite intellectual property remaining a major issue in global trade governance, African countries have room to maximise the advantages that global intellectual property law can offer. Highlighting discourse on investment, intellectual property, and competition policies in Africa, the book underscores the need for African nations to develop intellectual property frameworks that can facilitate economic transformation. Using data from international intellectual property conventions, WTO dispute settlements and African regional organisation conventions, the book is a comprehensive call to action for African intellectual property lawyers and policymakers. The book will be of interest to students and scholars in the field of intellectual property law and international investment law.
The Elgar Companion To Intellectual Property And The Sustainable Development Goals
DOWNLOAD
Author : Matthew Rimmer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-02-12
The Elgar Companion To Intellectual Property And The Sustainable Development Goals written by Matthew Rimmer 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 2024-02-12 with Law categories.
Complex geopolitical debate surrounds the role of intellectual property (IP) in advancing and achieving the UN’s Sustainable Development Goals (SDGs). Summarising and advancing this discourse, this prescient Companion is a thorough examination of how IP law interacts, influences and impacts each of the seventeen SDGs.
Intellectual Property And Free Trade Agreements In The Asia Pacific Region
DOWNLOAD
Author : Christoph Antons
language : en
Publisher: Springer
Release Date : 2014-12-05
Intellectual Property And Free Trade Agreements In The Asia Pacific Region written by Christoph Antons and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-05 with Law categories.
This 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.
Revisiting China S Competition Law And Its Interaction With Intellectual Property Rights
DOWNLOAD
Author : Guangjie Li
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2018
Revisiting China S Competition Law And Its Interaction With Intellectual Property Rights written by Guangjie Li and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Antitrust law categories.
Taking the dynamics of EU competition policy as a reference, the author provides a historical perspective of China's competition law, enforcement mechanisms and future challenges against the background of ongoing economic reforms and the concomitant modernisation of the judicial system. Readers are familiarised with the main principles of China's IP Guidelines. Recent judicial and administrative landmark decisions are covered as well. The author studies issues at the nexus between China's competition law and IP regime. Coherent goals of the two legal systems are achieved through seemingly opposite means: Safeguarding free competition for all market players versus granting exclusive rights to IP owners. It is a constant challenge for China's competition authorities to strike an optimal balance when applying competition law to the exercise of IP rights.