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Undertaking the global project of improving intellectual property
demands a critical and dynamic evaluation of its parameters and
impacts. This innovative book considers what it means to improve
intellectual property globally, exploring various aspects and
perspectives of the international intellectual property debate and
contemplating the possibilities for reform. Building upon the
seminal contributions of Rochelle Dreyfuss, an international team
of eminent intellectual property scholars address some of the most
pressing questions surrounding the improvement of intellectual
property law's role in promoting innovation. The book explores
intellectual property's shifting boundaries and balance; its
increasing relation to other global public goods such as public
health; its re-configuration of traditional categories and
concepts; its contradictory and incomplete implementation in
international law; and its changing institutions. While diverse in
subject matter, the individual contributions share the common
premise that intellectual property must continually re-assess its
foundational assumptions, doctrines, policies, and rationales
against evolving political economies, social demands, and
technologies. Thought-provoking and accessible, Improving
Intellectual Property will prove an invaluable resource for
academics, researchers, and students of international intellectual
property law. Its exploration of how intellectual property law
might promote innovation in conjunction with national, regional,
and global policy goals will also be of interest to practitioners
and policymakers.
A lucid and accessible explanation of international intellectual
property law. The authors do not shrink from the complexities and
nuances of the field but manage commendably to present them as a
part of a coherent system.' - Graeme B. Dinwoodie, University of
Oxford, UK'Written by two of the foremost scholars in trade and
intellectual property, this book offers a clear and comprehensive
overview of the institutions, actors, texts, concepts, norms and
issues encountered in the intellectual property arena. It is hard
to imagine a better introduction to the international regime.
Indeed, it is a 'must-have' for anyone entering the field from the
academy, practice, government, arbitration or adjudication.' -
Rochelle Dreyfuss, New York University, School of Law, US
'International norms constitute an essential framework at global,
regional and domestic level for any development of this
increasingly important but also complex area of law which is
intellectual property. This advanced introduction to international
property authored by Professor Frankel and Professor Gervais, two
leading scholars in this field, is therefore particularly timely,
as it presents in a condensed but complete and easy accessible way
all the relevant institutions and actors, the major instruments,
the key concepts, the current norms and the most important
challenges to be addressed by the international intellectual
property system. A must have in any good IP library!' - Christophe
Geiger, University of Strasbourg, France 'This concise manual
offers an ideal overview of international intellectual property. It
will serve as a valuable Introduction for readers unfamiliar with
intellectual property law, or with certain of its branches. But
even readers already versed in some or all IP areas will also find
illuminating insights throughout each chapter. Moreover, in
addition to the principal traditional intellectual property
sectors, the book addresses topics that have more recently
commanded the attention of scholars and policy makers, particularly
private international law and the relationship of IP and
traditional knowledge.' - Jane C. Ginsburg, Columbia University,
School of Law, US Elgar Advanced Introductions are stimulating and
thoughtful introductions to major fields in the social sciences and
law, expertly written by the world s leading scholars. This
authoritative introduction provides a detailed overview of the
complexities of the international intellectual property regime and
the ways in which it operates. The authors cover the key
international institutions and agreements that regulate and inform
intellectual property at an international level such as the TRIPS
Agreement, WIPO, WTO, the Paris Convention and the Berne
Convention. The book serves as a platform to understand and
contextualize policy discussions on topics such as public health,
Internet regulation, as well as regional and bilateral trade
treaties. Key features include: - Accessible and carefully
summarized overview of the field - Comprehensive and up-to-date
review of all major international intellectual property
institutions and instruments - Introduces current issues within
international IP negotiations - Provides tools to analyze the
history and possible future development of international IP norms.
Students, researchers, policy makers and practitioners of
intellectual property will find this book to be an invaluable
resource in gaining an understanding of the international rules and
context in which both domestic and international IP policy issues
should be understood.
A lucid and accessible explanation of international intellectual
property law. The authors do not shrink from the complexities and
nuances of the field but manage commendably to present them as a
part of a coherent system.' - Graeme B. Dinwoodie, University of
Oxford, UK'Written by two of the foremost scholars in trade and
intellectual property, this book offers a clear and comprehensive
overview of the institutions, actors, texts, concepts, norms and
issues encountered in the intellectual property arena. It is hard
to imagine a better introduction to the international regime.
Indeed, it is a 'must-have' for anyone entering the field from the
academy, practice, government, arbitration or adjudication.' -
Rochelle Dreyfuss, New York University, School of Law, US
'International norms constitute an essential framework at global,
regional and domestic level for any development of this
increasingly important but also complex area of law which is
intellectual property. This advanced introduction to international
property authored by Professor Frankel and Professor Gervais, two
leading scholars in this field, is therefore particularly timely,
as it presents in a condensed but complete and easy accessible way
all the relevant institutions and actors, the major instruments,
the key concepts, the current norms and the most important
challenges to be addressed by the international intellectual
property system. A must have in any good IP library!' - Christophe
Geiger, University of Strasbourg, France 'This concise manual
offers an ideal overview of international intellectual property. It
will serve as a valuable Introduction for readers unfamiliar with
intellectual property law, or with certain of its branches. But
even readers already versed in some or all IP areas will also find
illuminating insights throughout each chapter. Moreover, in
addition to the principal traditional intellectual property
sectors, the book addresses topics that have more recently
commanded the attention of scholars and policy makers, particularly
private international law and the relationship of IP and
traditional knowledge.' - Jane C. Ginsburg, Columbia University,
School of Law, US Elgar Advanced Introductions are stimulating and
thoughtful introductions to major fields in the social sciences and
law, expertly written by the world s leading scholars. This
authoritative introduction provides a detailed overview of the
complexities of the international intellectual property regime and
the ways in which it operates. The authors cover the key
international institutions and agreements that regulate and inform
intellectual property at an international level such as the TRIPS
Agreement, WIPO, WTO, the Paris Convention and the Berne
Convention. The book serves as a platform to understand and
contextualize policy discussions on topics such as public health,
Internet regulation, as well as regional and bilateral trade
treaties. Key features include: - Accessible and carefully
summarized overview of the field - Comprehensive and up-to-date
review of all major international intellectual property
institutions and instruments - Introduces current issues within
international IP negotiations - Provides tools to analyze the
history and possible future development of international IP norms.
Students, researchers, policy makers and practitioners of
intellectual property will find this book to be an invaluable
resource in gaining an understanding of the international rules and
context in which both domestic and international IP policy issues
should be understood.
The international intellectual property (IP) law system allows
states to develop policies that reflect their national interests.
Therefore, although there is an international minimum standards
framework in place, states have widely varying IP laws and
differing interpretations of these laws. This book examines whether
pluralism in IP law is functional when applied to copyright,
patents and trademarks on an international basis. The book is
divided into four parts which focus on the interaction between
global standards and national norms, pluralism within the framework
of international norms, pluralistic functions of copyright and the
flexibility applied to patent law. Within these themes, topical
issues are addressed such as traditional knowledge, geographical
indications, protecting plant varieties and freedom of expression.
Contributors are drawn from a range of jurisdictions to provide a
global outlook on the topics at hand. Researchers and scholars who
are interested in international IP law and its applications will
find this to be a valuable resource. Policy makers will also
benefit from the contributors' insights on whether law reforms in
their home jurisdictions have been effective and how these laws
interact with the international IP system.
Much of the debate around the parameters of intellectual property
(IP) protection relates to differing views about what IP law is
supposed to achieve. This book analyses the object and purpose of
international intellectual property law, examining how
international agreements have been interpreted in different
jurisdictions and how this has led to diversity in IP regimes at a
national level. The book is divided along four key themes: the
relationship between IP law, development goals and cultural
objectives; international and regional frameworks for design
protection including packaging and trade marks; enforcement and
innovation in the EU; and the object and purpose of copyright law.
Within these themes, each chapter assesses the factors that are
driving IP law in the respective field, such as protection,
flexibility and trade-related concerns. Featuring contributions
from a globally diverse range of authors, this book questions
whether IP laws, and their application, are achieving their
intended objectives and purpose on a national and international
scale. This book will be of interest to academics, researchers and
students working in international intellectual property law.
Practicing lawyers and policy makers can also benefit from its
detailed analysis and case studies which explore international
practices.
The book examines trade agreements in the context of the current
world economic crisis and the uncompleted World Trade Organization
(WTO) Doha Round of trade negotiations. With economies shrinking
and protectionism on the rise, many fear a protracted global
recession. This raises important questions as to what role trade
agreements - multilateral, plurilateral, and bilateral - should be
playing in the current climate of uncertainty, and how best to plan
for a more stable economic future. Previous assumptions are now
being questioned, making this an opportune time to critically
examine the WTO, free trade agreements, bilateral investment
treaties, and other international economic law instruments.
Furthermore, participants in international agreements are concerned
with emerging issues that have the potential to strengthen or
weaken the global trading system, including matters of treaty
interpretation; terms of new agreements; and effects of existing
provisions. This book provides a timely addition to the
international economic law literature, as its submissions have been
prepared during a time of unusual uncertainty and economic change;
individuals interested in international economic law will seek
scholarship that recognizes the current international economic
climate. This book should be of interest to a wide range of
academics and student researchers, as well as policymakers and
practitioners.
The book examines trade agreements in the context of the current
world economic crisis and the uncompleted World Trade Organization
(WTO) Doha Round of trade negotiations. With economies shrinking
and protectionism on the rise, many fear a protracted global
recession. This raises important questions as to what role trade
agreements - multilateral, plurilateral, and bilateral - should be
playing in the current climate of uncertainty, and how best to plan
for a more stable economic future. Previous assumptions are now
being questioned, making this an opportune time to critically
examine the WTO, free trade agreements, bilateral investment
treaties, and other international economic law instruments.
Furthermore, participants in international agreements are concerned
with emerging issues that have the potential to strengthen or
weaken the global trading system, including matters of treaty
interpretation; terms of new agreements; and effects of existing
provisions. This book provides a timely addition to the
international economic law literature, as its submissions have been
prepared during a time of unusual uncertainty and economic change;
individuals interested in international economic law will seek
scholarship that recognizes the current international economic
climate. This book should be of interest to a wide range of
academics and student researchers, as well as policymakers and
practitioners.
Small market economies provide a valuable insight into how a
country might balance competing interests in global intellectual
property. As developed countries that are also net-importers of
intellectual property, small market economies have similar concerns
to some developing countries. This duality of developed and
developing country interests has resulted in some innovative ways
of calibrating laws so that they both support national economic and
social needs and honour international commitments. In this book,
Susy Frankel uses examples from the small market economies of
Singapore, New Zealand and Israel to address global intellectual
property issues. Those issues include approaching treaty
interpretation to both assist in implementation of obligations and
utilisation of flexibilities, and effective dispute resolution; the
links between trade and innovation; when and how patent and
copyright law can be flexible; the importance of trade marks to
small businesses; parallel importing; and the protection of
traditional knowledge.
The digital age has prompted new questions about the role and
function of copyright. Internationally, copyright has progressively
increased its scope of protection over new technology and modes of
distribution. Yet many copyright owners express dissatisfaction and
consider that the system is not working for them. Many users of
copyright material, and even some owners, consider that copyright
gives too much protection and that copyright owners want too much.
This book considers how copyright might evolve in the twenty-first
century and how it might reach equilibrium between authors, owners,
users and those who connect them.
International commitments may sit uneasily with national pressures
in the best of times. This age of economic uncertainty brings these
tensions into sharper relief. This volume draws together thirteen
analyses of this tension in a wide array of contexts, including
each of the three main pillars of the World Trade Organization,
international investment law and arbitration, and the international
financial institutions. The essays feature internationally
recognised experts addressing topical examples of international
economic law obligations clashing with domestic political
interests. For example, Professor Robert Howse, of New York
University Law School, addresses issues of globalization and
whether international and national interests can in today's world
be considered separate, while Ko-Yung Tung, the former
Director-General of the World Bank, looks at trends in investment
treaty arbitration and considers what the future may hold in light
of the recent financial crisis, the rise of China as an economic
powerhouse, and other factors.
Regulation, whatever its shape or form, is integral to the lives of
all New Zealanders. As ongoing problems such as the leaky homes
saga show, badly designed and poorly implemented regulation can
cost the taxpayer millions. Framing the Commons is a product of the
Regulatory Reform Project, a $1.85 million research project led by
Victoria University Law School (partnering with NZIER and Chapman
Tripp) and funded by the New Zealand Law Foundation. It analyzes
the challenges of developing regulation in New Zealand, including
how to work with New Zealand's unique features; the role of
experimentation, monitoring, and review; finding the balance
between certainty and discretion in regulation; and the pros and
cons of the analytical techniques (such as cost-benefit analysis)
that are used for evaluating regulations once they are implemented.
It makes a strong case for focusing on the early stages of the
regulation-making process and building in better processes to learn
from existing regulation, in order to improve the flexibility and
durability of regulation in New Zealand.
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