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In the face of an increasing threat from separate bilateral trade
negotiations the World Trade Organization (WTO), more than any
other international institution, is set to have a significant
impact on the trade in technology in the decade ahead. Alert to
this potential, Rohan Kariyawasam brings together articles on
international economic law and policy that touch on issues as
diverse as telecommunications, e-commerce, information technology
and technology transfer. This two-volume set navigates an
innovative discussion of these sectors, their effect on
international trade and the role of the WTO in promoting the
worldwide trade of electronic goods and services. The papers will
have relevance for regulators, lawyers advising both in private
practice and in-house, academics, students and those in the NGO
sector with an interest in trade and technology.
'The rapid evolution of China from an ''emerging'' to a mature
intellectual property jurisdiction has far-reaching implications
for the law, policy and practice of IP, and their links with
competition and technology law. Produced in the year China rose to
fourth rank globally as user of the international patent system,
this volume is an invaluable guide for the policymaker, the analyst
and the practitioner alike, setting a thorough exposition of the
substantive law and its application within a broader policy
context, and offering a comprehensive, timely overview of an IP
system just at the time it begins to assume central significance on
the world stage.' - Antony Taubman, Director, IP Division, WTO'This
edited volume offers an excellent comprehensive overview of China's
intellectual property and technology laws. The eminent contributors
to this volume have played important roles in shaping China's IP
system and in tackling the many challenges confronting it. By
making their views of the system readily accessible to an English
audience, this volume will undoubtedly add to our understanding of
the legal protections and challenges facing innovation industries
in China.' - Mark Wu, Harvard Law School 'The pioneering studies in
this book examine the fundamental role of intellectual property and
technology laws as China is moving from ''made in China'' to
''created in China''. This book also helps us to understand about
the interplay between China's intellectual property protection
system and the potential for transition of China's economy, and
provides numerous means to deal with the legislative difficulties
in China's innovation-oriented strategy.' - Wu Handong, Zhongnan
University of Economics and Law, China Written by some of China's
leading academic experts and with a foreword by the former Chief
Justice of the IP Tribunal of China's Supreme People's Court, this
book combines for the very first time a review of both Chinese
intellectual property and technology laws in a single volume in
English. The book initially focuses on recent amendments to the
laws of copyright, trademarks, patents, before moving on to discuss
unfair competition and trade secrets, and the protection of
intellectual property over electronic networks. Other chapters
cover the regulation of digital networks and telecommunications; IT
and E-commerce; the new antimonopoly law and competition; and
China's position on the TRIPS agreement. Of special note is a
chapter written by in-house Counsel and the Chairman of the Quality
Brands Protection Committee (a coalition of well known
multinational brands) reviewing both brand protection and practical
enforcement of intellectual property in China. This book will
appeal to scholars and postgraduate students in commercial law
(especially in IP, trade, competition, and technology), Chinese
studies and business, as well as regulators, international agencies
and law firms. Management consultancy and accounting firms, banks
and investment firms will also find this book invaluable.
Contributors: J. Chang, L. Chuntian, G. He, H. Hui, H. Kaizhong, R.
Kariyawasam, C. Lixian, M. Pendleton, Z. Ping, K. Qingjiang, X.
Shiying, L. Xiaohai, L. Yufeng, H. Young, M. Zhaoping, Z. Zhe, J.
Zhipei, L. Zuming
This path-breaking book focuses on the WTO, e-commerce and
information communications technologies. It sheds light on how
international economic law can be used as a tool in the application
of technological processes to facilitate development in developing
countries. Rohan Kariyawasam begins by looking predominantly at the
rise of international digital networks. He offers an introduction
to the networks used in the delivery of electronic products and
network-based transactions, and the application of WTO law to the
sector. He then suggests how developing countries can use economic
law and technology to tap digital markets in the developed world.
The book also argues that the advance of basic living standards in
some developing countries can be achieved through technological
processes, but that this cannot happen without such states paying
greater attention to the enforcement of economic, social and
cultural rights at home. Picking up the property rights debate
(including through bilateral trade), the author argues that
ensuring beneficial technology transfer will require balancing
foreign investor rights to protect intellectual property. It will
also involve restrictions imposed by competition law and WTO
surveillance to check the possible misuse of market power by
multinational companies. The proposed mixture of measures should,
he argues, provide incentives for Foreign Direct Investment.
Providing a thorough review of the application of WTO law to the
telecommunications sector and the regulation of international
digital networks, this book will be of great interest to
postgraduate students in international economic law and
international development law, as well as those interested in human
rights law and technology. It will also appeal to government
regulators, NGOs and technologists interested in ICTs and
development.
This path-breaking book focuses on the WTO, e-commerce and
information communications technologies. It sheds light on how
international economic law can be used as a tool in the application
of technological processes to facilitate development in developing
countries. Rohan Kariyawasam begins by looking predominantly at the
rise of international digital networks. He offers an introduction
to the networks used in the delivery of electronic products and
network-based transactions, and the application of WTO law to the
sector. He then suggests how developing countries can use economic
law and technology to tap digital markets in the developed world.
The book also argues that the advance of basic living standards in
some developing countries can be achieved through technological
processes, but that this cannot happen without such states paying
greater attention to the enforcement of economic, social and
cultural rights at home. Picking up the property rights debate
(including through bilateral trade), the author argues that
ensuring beneficial technology transfer will require balancing
foreign investor rights to protect intellectual property. It will
also involve restrictions imposed by competition law and WTO
surveillance to check the possible misuse of market power by
multinational companies. The proposed mixture of measures should,
he argues, provide incentives for Foreign Direct Investment.
Providing a thorough review of the application of WTO law to the
telecommunications sector and the regulation of international
digital networks, this book will be of great interest to
postgraduate students in international economic law and
international development law, as well as those interested in human
rights law and technology. It will also appeal to government
regulators, NGOs and technologists interested in ICTs and
development.
'The rapid evolution of China from an ''emerging'' to a mature
intellectual property jurisdiction has far-reaching implications
for the law, policy and practice of IP, and their links with
competition and technology law. Produced in the year China rose to
fourth rank globally as user of the international patent system,
this volume is an invaluable guide for the policymaker, the analyst
and the practitioner alike, setting a thorough exposition of the
substantive law and its application within a broader policy
context, and offering a comprehensive, timely overview of an IP
system just at the time it begins to assume central significance on
the world stage.' - Antony Taubman, Director, IP Division, WTO'This
edited volume offers an excellent comprehensive overview of China's
intellectual property and technology laws. The eminent contributors
to this volume have played important roles in shaping China's IP
system and in tackling the many challenges confronting it. By
making their views of the system readily accessible to an English
audience, this volume will undoubtedly add to our understanding of
the legal protections and challenges facing innovation industries
in China.' - Mark Wu, Harvard Law School 'The pioneering studies in
this book examine the fundamental role of intellectual property and
technology laws as China is moving from ''made in China'' to
''created in China''. This book also helps us to understand about
the interplay between China's intellectual property protection
system and the potential for transition of China's economy, and
provides numerous means to deal with the legislative difficulties
in China's innovation-oriented strategy.' - Wu Handong, Zhongnan
University of Economics and Law, China Written by some of China's
leading academic experts and with a foreword by the former Chief
Justice of the IP Tribunal of China's Supreme People's Court, this
book combines for the very first time a review of both Chinese
intellectual property and technology laws in a single volume in
English. The book initially focuses on recent amendments to the
laws of copyright, trademarks, patents, before moving on to discuss
unfair competition and trade secrets, and the protection of
intellectual property over electronic networks. Other chapters
cover the regulation of digital networks and telecommunications; IT
and E-commerce; the new antimonopoly law and competition; and
China's position on the TRIPS agreement. Of special note is a
chapter written by in-house Counsel and the Chairman of the Quality
Brands Protection Committee (a coalition of well known
multinational brands) reviewing both brand protection and practical
enforcement of intellectual property in China. This book will
appeal to scholars and postgraduate students in commercial law
(especially in IP, trade, competition, and technology), Chinese
studies and business, as well as regulators, international agencies
and law firms. Management consultancy and accounting firms, banks
and investment firms will also find this book invaluable.
Contributors: J. Chang, L. Chuntian, G. He, H. Hui, H. Kaizhong, R.
Kariyawasam, C. Lixian, M. Pendleton, Z. Ping, K. Qingjiang, X.
Shiying, L. Xiaohai, L. Yufeng, H. Young, M. Zhaoping, Z. Zhe, J.
Zhipei, L. Zuming
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