Concerted efforts to enforce global intellectual property rights
(IPR) continue to focus intensely on the developing countries of
East Asia, and China in particular. These efforts have spawned a
complex system of legal mechanisms that is still very much in
process of evolution, encompassing international and regional
conventions, WTO dispute settlements, bilateral and plurilateral
treaties, decisions of national courts and regulatory bodies, and a
welter of local laws and border controls. This hugely useful book
provides more detail than will be found in any other source on the
current state of all these measures and their interactions and
trends, especially as they affect East Asian markets for
IPR-protected products. It gathers together fourteen thoroughly
researched essays by internationally-known practitioners and
academics with specialties in Asian intellectual property law. In
the course of their interlinked analyses they discuss such aspects
as the following:; estimates of the negative impact of
counterfeiting and piracy on businesses, competition, employment,
consumer protection, state revenue, and foreign investment;
transnational effects of IP enforcement laws of the EU, Japan, the
UK, and other developed countries; enforcement provisions in Free
Trade Agreements negotiated between Asian developing countries and
the United States, the EU, and Japan; potential impact of the
newly-released Anti-Counterfeiting Trade Agreement (ACTA); civil
forfeiture vs. criminal proceedings; copyright enforcement
provisions in the digital environment; counterfeit medicines and
the involvement of organized crime;; interests of developing
countries (for example in traditional knowledge); receiving and
recovery orders; Internet service provider (ISP) liability; and
impact of broad enforcement provisions on innovation and emerging
creative industries. Although wide-reaching in its overall
presentation, the book also deals with numerous particular
applications in Cambodia, Indonesia, Brunei, Laos, Myanmar,
Malaysia, The Philippines, Singapore, Thailand, Vietnam, Australia,
China, and Japan. Lawyers seeking a secure foothold from which to
proceed in cases of piracy, infringement, or counterfeiting will
welcome this informative and up-to-date analysis and commentary. It
will prove especially valuable as an early indicator of changes
likely to come about as ACTA takes effect.
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