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The International Intellectual Property System

Author : Frederick M. Abbott
ISBN : 9041194223
Genre : Law
File Size : 88.13 MB
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The 1990s will be remembered as an era of prodigious expansion in world trade. Suddenly--for reasons encompassing irresistible new on-line technology, a vastly greater geographic reach, & sheer volume of goods & services--the old intellectual property (IP) laws & protocols long respected by international business became woefully inadequate. As a result, this masterful two-volume introduction to the new global regime of IP law fills an urgent need. Immediately recognised as the landmark work in its field, The International Intellectual Property System gives business lawyers everywhere the organised materials & expert commentary they need to protect IP rights on a global scale--and provides law students with an authoritative annotated survey of the relevant conventions, treaties, & laws both regional & national, as well as significant court interpretations in various jurisdictions. The book offers in-depth analysis of: . current international norms in the fields of patent, copyright, & trademark rights . national & most favoured treatment in the granting of IP rights . regulation of IP rights in the European Union (EU) . enforcement under international legal instruments as well as under EU & US laws . such emerging areas as governance of IP rights on the Internet & in electronic commerce.
Category: Law

Intellectual Property Righ Sc

Author : Ganguli
ISBN : 0070077177
Genre :
File Size : 37.91 MB
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Intellectual Property Rights: Unleashing the Knowledge Economy is designed to address key issues in IPR and its impact on emerging international trade. With Trade Related Intellectual Property Rights (TRIPs) as the backbone, the book provides business perspectives of IPR related issues, to enable corporations in charting their organizational trajectories for business growth. Richly illustrated with a plethora of case studies, the book unravels the complexities of the knowledge economy and explores in a very practical way the mechanisms of the patent system.

The World Intellectual Property Organization Wipo

Author : Carolyn Deere Birkbeck
ISBN : 9781785364785
Genre : LAW
File Size : 32.36 MB
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As a ‘Specialized Agency’ of the UN, the World Intellectual Property Organization aims to be the premier global forum for intellectual property services, policy, information and cooperation. Whilst many individuals, firms, institutions and governments know and use WIPO services, the ways in which it functions, how priorities are set and decisions made are less well-understood. Indeed, a diversity of WIPO’s stakeholders and member governments express frustration that WIPO’s governance is not only complex but at times opaque. This practical guide offers a unique insight into how WIPO is governed, described in clear, readily accessible terms for policymakers, scholars and stakeholders. The guide reviews the origins of WIPO and sets out its current functions and activities, presenting a framework for analysing WIPO’s complex governance system. The core of the text will improve the reader’s understanding of WIPO in five thematic areas: • Legal foundations, mandate and purpose • Decision-making structures, processes and practices • Financial arrangements (such as income sources and the budget process) • Mechanisms for accountability and control of the Secretariat (such as policies on oversight, audit and evaluation) • Transparency and external relations. The text is accompanied by a number of valuable appendices, including key documents that have, to date, not been readily available to the public. Written by a leading WIPO commentator, The World Intellectual Property Organization (WIPO): A Reference Guide is the first comprehensive reference book to illuminate the nuts and bolts of WIPO governance. It will prove an invaluable and handy resource for those who interact with WIPO on any level, as well as to researchers seeking an introduction to how the organisation works.
Category: LAW


Author : Peter-Tobias Stoll
ISBN : 9789004145672
Genre : Political Science
File Size : 84.52 MB
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This commentary covers the entire TRIPs agreement. It adopts a comparative perspective in highlighting related and similar provisions and developments in other international and regional instruments.. It is designed to meet the needs both of the WTO and the intellectual property community.
Category: Political Science

Intellectual Property In The Global Trading System

Author : Wei Shi
ISBN : 9783540777373
Genre : Law
File Size : 66.58 MB
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After exploring multifaceted issues of IPR enforcement, this book argues that the problems with it are not an actual outcome of Confucian philosophy and "to steal a book" is not an "elegant offence." This book demonstrates that counterfeiting and piracy are inevitable consequences of inadequate economic development. It goes on to state that they are a by-product of a unique set of socioeconomic crises that have their origin in a dysfunctional institutional regime.
Category: Law

The International Intellectual Property System

Author : C. Marchgraber
ISBN : 9041194126
Genre : Double taxation
File Size : 58.3 MB
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Everywhere, new tax rules are under development to engage with the ever-increasing complexity and sophistication of aggressive tax planning and to reverse the tax base erosion it leads to. The most prominent initiative in this context is the Base Erosion and Profit Shifting (BEPS) project of the OECD. Although double non-taxation is among the main issues the BEPS project intends to address, this book shows that this phenomenon has not yet been fully understood. Focusing on the fundamental freedoms and the State aid rules of the EU, this book thoroughly explains the nature of double non-taxation from an EU law perspective, its relation to double taxation, and the impact of EU law on these phenomena. Among the issues dealt with in the course of the analysis are the following: - locating the gaps and inconsistencies among domestic tax systems exploited by taxpayers; - hybrid mismatch arrangements as a prime example of double non-taxation; - political efforts undertaken within the EU in order to address double taxation and double non-taxation; - double non-taxation in the European VAT system; - the convergence of the fundamental freedoms and the State aid rules; - the European Cout of Justice's (ECJ's) dilemma with regard to juridical double taxation; - the deviating approach with regard to economic double taxation; - the potential impact of the ECJ's case law on the EU law compatibility of double non-taxation. The tax jurisprudence of the ECJ is referred to and comprehensively analysed throughout this whole book. A final chapter provides an outlook on possible developments in the future.
Category: Double taxation

The Global Governance Of Hiv Aids

Author : O. Aginam
ISBN : 9781849804929
Genre : Medical
File Size : 61.62 MB
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ÔHIV/AIDS remains a major global health problem, despite the progress made in its prevention and treatment. Addressing this problem is not only a matter of more and better drugs, they need to be widely accessible and be affordable to the poor. This book makes, with a much welcomed interdisciplinary approach, an excellent contribution to understanding how the intellectual property regime can influence health policies and the lives of millions of people affected by the disease. The analysis provided by the various authors that contributed to this book will be of relevance not only to those working in the area of HIV/AIDS, but to those more broadly interested in public health governance and the role of intellectual property rights.Õ Ð Carlos Correa, University of Buenos Aires, Argentina ÔThis is an important, innovative and, at times, controversial collection. Inter-disciplinary in approach, this collection will have appeal to those concerned with the global injustice in the context of HIV/AIDS. Investigating the legal, political and economic determinants of access to essential medicines, this is thought provoking collection which will resonate with many in both the academic and public policy community.Õ Ð Bryan Mercurio, The Chinese University of Hong Kong This important book brings together leading scholars from multiple disciplines, including intellectual property, human rights, public health, and development studies, as well as activists to critically reflect on the global health governance regime. The Global Governance of HIV/AIDS explores the implications of high international intellectual property standards for access to essential medicines in developing countries. With a focus on HIV/AIDS governance, the volume provides a timely analysis of the international legal and political landscape, the relationship between human rights and intellectual property, and emerging issues in global health policy. It concludes with concrete strategies on how to improve access to HIV/AIDS medicines. This interdisciplinary, global, and up-to-date book will strongly appeal to academics in law, international relations, health policy and public policy, as well as students, policymakers and activists.
Category: Medical

The Diffusion Of Power In Global Governance

Author : S. Guzzini
ISBN : 9781137283559
Genre : Political Science
File Size : 64.66 MB
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The study of global governance has often led separate lives within the respective camps of International Political Economy and Foucauldian Studies. Guzzini and Neumann combine these to look at an increasingly global politics with a growing number of agents, recognising the emergence of a global polity.
Category: Political Science

Cross Border Enforcement Of Patent Rights

Author : Marta Pertegás Sender
ISBN : 0199249695
Genre : Law
File Size : 24.36 MB
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The enforcement of patent rights raises complex, and, from a private international law perspective, unique difficulties. Since intellectual property practitioners started to seek the consolidation of cross-border patent disputes, the interplay of private international rules has led to drastic changes in patent litigation across Europe. This book analyses in detail both the European rules on jurisdiction (the Brussels Convention and its successors) and the choice of law rules as they apply to cross-border patent disputes, and will be essential reading for both intellectual property lawyers and international commercial litigation specialists. At the jurisdictional stage, the basic question is whether the current jurisdictional framework provides a basis for the concentration of related litigation. For jurisdictional purposes, patent enforcement is a tort. Accordingly, cross-border patent enforcement attempts may generally be undertaken at the forum of the defendant's domicile, the place of the tort and, as far as provisional measures are concerned, another forum with a sufficient connection to the dispute. On the other hand, the application of the current jurisdictional framework to international patent infringement disputes leads to significant difficulties such as the pre-emptive effect of proceedings pending abroad or the jurisdictional consequences of a patent validity challenge. At the choice of law stage, this book provides a comparative overview of the rather unexplored issues arising in multinational patent enforcement. De lege feranda, it seems that, in view of the territorial nature of patents, a distributive application of the law of the protecting State (lex loci protectionis) appears to be the most consistent choice of law rule.
Category: Law