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The future of Asian trade deals and IP
\"The pulling out of the Trans-Pacific Partnership (TPP) by the US marks a new era for trade deals and possibly for intellectual property (IP). The TPP is evolving to become the Comprehensive and Progressive Agreement for TPP (CPTPP) as the remaining 11 members try to resurrect the TPP by suspending some of its provisions, over half of which are IP-related. While the TPP excludes the two Asian giants -India and the People's Republic of China (PRC)- the ongoing Regional Comprehensive Economic Partnership (RCEP) includes both of them. The first part of this edited collection sets out to re-examine some basic principles of trade negotiation, such as choosing the right representatives to negotiate, enhancing transparency as a cure to the public's distrust against trade talks; moreover, it analyses how CPTPP might impact on RCEP's IP chapter and examines the possible norm setters of Asian IP, and focuses on PRC's trade and IP strategy against the backdrop of the power games between PRC, India and the US. The second part of the book reflects on issues related to investor-state dispute settlement and its relationship with IP, such as how to re-calibrate the balance in international investment arbitration, the judicialisation of ISD in Singapore, and whether compulsory license of IP constitutes expropriation in India, PRC and select ASEAN countries. The third part of the book questions and strives to improve some of the proposed IP provisions, and to redefine some aspects of international IP norms, such as pre-grant patent opposition & experimental use exception, patent term extension, patent linkage & data exclusivity for the pharmaceutical sector, plant variety protection, pre-established damages for copyright infringement and the restructuring of copyright limitations in the public interest\"-- Provided by publisher.
Book
Intellectual Property Valuation and Innovation
With the recent global economic crisis, attitudes and practices in relation to intellectual property valuation are changing as exemplified by the dichotomy explained in this book, which makes it unique. While there has been a move towards global harmonisation in terms of valuation of both tangible and intangible assets that are based on innovation, there is also a tendency against global harmonisation because of cultural attitudes and practices of different countries. This can be seen most acutely in relation to intellectual property valuation in Asia, especially East Asia, which often differs from the West's perception of valuation. The book is written by experts in intellectual property, valuation and innovation who are mainly practitioners covering innovators, marketers, accountants, social innovators and business and management academics. The breadth and practitioner background of most of the contributors make the material relevant to those involved in valuation, economics, business, management, accounting and finance, law and maritime insurance. This book takes an interdisciplinary approach that cross-cuts all the above-mentioned disciplines and takes the understanding of intellectual property valuation to a new level.
eBook
Intellectual property law and plant protection : challenges and developments in Asia
\"This book provides a detailed and critical account of the emergence, development and implementation of plant variety protection laws in Asian countries. Each chapter undertakes a critical socio-legal analysis of one or more legal frameworks to understand, evaluate, and explore: the concerns of diverse national stakeholders; the histories and dynamics of law-making; and the ways in which plant variety protection and seed certification laws interact with local agricultural systems. The book also assesses how Asian countries can capitalise on the 'unused policy space' in international agreements such as TRIPS and UPOV, as well as international obligations beyond this, such as those contained in the CBD and the Plant Treaty. It also highlights the many ways Asian experiences can offer new insights into how regimes that grant intellectual property rights in plants might be re-imagined in other regions, including Africa, Europe and the Americas. By adding an important new perspective to the ongoing debate on intellectual property and plants, this book will appeal to academics, practitioners and policymakers engaged in work surrounding intellectual property laws, agricultural biodiversity and plant breeding\"-- Provided by publisher.
Book
Intellectual Property in Asian Emerging Economies
This book critically reviews the recurrent debate on Intellectual Property law and policy in developing countries carried out in the last decade. It identifies the still unresolved policy issues and proposes alternative approaches that resonate with the needs for transformation of the economic and social reality of developing countries. Focusing on emerging economies in Asia, the work draws the wider lessons to be learnt by researchers, policy makers, legislators and the business sector in general and concludes by putting forward proposals for reform.
eBook
Securing our natural wealth : a policy agenda for sustainable development in India and its neighboring countries
\"This book explores various aspects of Intellectual Property Rights (IPR) regimes with regard to plant-variety protection and farmers' rights; traditional knowledge; geographical indications, genetically modified crops; and access to genetic resources within the broad ambit of Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Convention of Biological Diversity and other treaties/protocols. Enumerating the governance provisions for India and some of its neighboring countries, including Nepal, Sri Lanka, Bangladesh, Bhutan, Thailand and Myanmar, the book synthesizes a policy agenda to drive sustainable development. Further, it assesses and interprets the status quo, and discusses key issues and implications. By comparing various governance frameworks in South Asian countries, it attempts to bridge policy issues concerning development, IPR and international studies\"--Publisher's description.
Book
Intellectual Property, Competition Law and Economics in Asia
This book results from a conference held in Singapore in September 2009 that brought together distinguished lawyers and economists to examine the differences and similarities in the intersection between intellectual property and competition laws in Asia. The prime focus was how best to balance these laws to improve economic welfare. Countries in Asia have different levels of development and experience with intellectual property and competition laws. Japan has the longest experience and now vigorously enforces both competition and intellectual property laws. Most other countries in Asia have only recently introduced intellectual property laws (due to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement) and competition laws (sometimes due to the World Bank, International Monetary Fund or free trade agreements). It would be naïve to think that laws, even if similar on the surface, have the same goals or can be enforced similarly. Countries have differing degrees of acceptance of these laws, different economic circumstances and differing legal and political institutions. To set the scene, Judge Doug Ginsburg, Greg Sidak, David Teece and Bill Kovacic look at the intersection of intellectual property and competition laws in the United States. Next are country chapters on Asia, each jointly authored by a lawyer and an economist. The country chapters outline the institutional background to the intersection in each country, discuss the policy underpinnings (theoretically as well as describing actual policy initiatives), analyse the case law in the area, and make policy prescriptions.
eBook
Intellectual Property & Free Trade Agreements
Intellectual Property and Free Trade Agreements presents the papers of the sixth IP conference organised by the Macau Institute of European Studies (IEEM) on intellectual property law and the economic challenges for Asia. The objective of the conferences is to provide up-to-date information on developments in global intellectual property law and policy and their impact on regional economic and cultural development. The current volume deals with the implications of free trade agreements for the international framework of intellectual property law, a topic of enormous economic and legal importance given the increasing number of free trade agreements in force or under negotiation.
eBook
How to approach IP rights across ASEAN
Rights holders are looking to south-east Asia as the next growth region. In a round-table style discussion, lawyers from Hechanova & Co, Henry Goh & Co and Tilleke & Gibbins explain the latest changes in Indonesia, Laos, Malaysia, Myanmar, The Philippines, Thailand and Vietnam. One important development in Malaysia is the Industrial Designs (Amendment) Act 2013. The law passed in December 2012, was gazetted in January this year, and came into force on July 1. The new law has brought about three major changes. The first change is that the standard of novelty for industrial designs is now based on a worldwide body of prior art. Second, the period of protection has been extended to 25 years from 15. Third, under the previous law, industrial designs were recorded in the government gazette and published by government printers. The new law shifts this to a new IP journal maintained by the IP Office. The first two changes will have the biggest practical effects for rights holders. Because the novelty standard is now worldwide, foreign owners need to be more vigilant with the prior disclosure of their designs outside of Malaysia. Also, rights owners whose protection under the current law had expired under the 15 year window can now get an extension of 10 more years of protection under the new law. The third change, while important formally, won't really change the day-to-day practice for rights owners.
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