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Unsettled International Intellectual Property Issues

Unsettled International Intellectual Property Issues
  • Author : Tshimanga Kongolo
  • Publisher :Unknown
  • Release Date :2008-01-21
  • Total pages :238
  • ISBN : 9789041131119
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Summary : The interface between intellectual property and other fields, such as public health and biotechnology, has raised expectations from both developed and developing countries. At the same time, a variety of issues have arisen from these relationships. Debates over public health, protection of traditional knowledge and traditional cultural expressions or expressions of folklore, and the control of biological resources and access to genetic resources pose major challenges to the current global system of intellectual property. This thoughtful book serves not only to contribute to these ongoing debates but also, through in-depth analysis and well-grounded recommendations, to move them closer to resolution in a manner beneficial to all interested parties. Among the matters discussed are the following: intellectual property and public health; intellectual property and traditional knowledge and traditional cultural expressions or expressions of folklore; intellectual property and plant varieties, biodiversity and access to genetic resources; use of marks and other signs on the Internet; and the international framework in respect to geographical indications. Drawing on prodigious familiarity with relevant conventions and international legal instruments in the field and debates on these issues as carried out under international bodies – including the World Trade Organization (WTO), the World Intellectual Property Organization (WIPO), the Food and Agriculture Organization (FAO), the International Union for the Protection of New Varieties of Plants (UPOV) and the World Health Organization (WHO), as well as the Convention on Biological Diversity (CBD) and the African Model Legislation – the author offers clear, well-thought-out proposals on how to respond to these issues. In the same vein, the author makes a number of proposals on how to strike a balance between the exclusive rights of the patentee and the right to public health or access to medicines, especially in the context of the HIV/AIDS crisis. In addition, holding that the owners or possessors of traditional knowledge or traditional cultural expressions or expressions of folklore are entitled to intellectual property rights protection, he advocates the development of a global and binding international ‘protection instrument’ that takes particular features of these rights into consideration. He proposes the extension of the scope of applicability of the requirement of the disclosure of the country of origin of genetic resources, both at the international and national levels. He also proposes refinements to the system for multilateral notification and registration of geographical indications in respect to wine and spirits and the extension of the higher protection of geographical indications to other products and suggests new ways to approach unsettled issues arising from the use of marks or other signs on the Internet. As a deeply informed analysis of how to integrate intellectual property rights into the international development process, this book takes some giant steps toward the general recognition of the real parameters of the most severe problems plaguing the developing world and offers reachable measures toward significant improvement of those problems. It will be of interest to all professionals, officials, and academics concerned with the equitable administration of intellectual property rights.

Competitive Strategies for the Protection of Intellectual Property

Competitive Strategies for the Protection of Intellectual Property
  • Author : Owen Lippert,Fraser Institute (Vancouver, B.C.)
  • Publisher :Unknown
  • Release Date :1999-01-01
  • Total pages :205
  • ISBN : 9780889752009
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Summary :

Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives

Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives
  • Author : World Intellectual Property Organization
  • Publisher :Unknown
  • Release Date :2010
  • Total pages :122
  • ISBN : 9789280520163
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Summary : This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of cultural heritage.

Intellectual Property on the Internet

Intellectual Property on the Internet
  • Author : World Intellectual Property Organization
  • Publisher :Unknown
  • Release Date :2002
  • Total pages :140
  • ISBN : 9789280511437
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Summary : Report addresses the far-reaching impact that digital technologies-- the Internet in particular-- have had on intellectual property (IP) and the international IP system.

International Monetary and Financial Issues for the 1990s

International Monetary and Financial Issues for the 1990s
  • Author : Anonim
  • Publisher :Unknown
  • Release Date :1992
  • Total pages :229
  • ISBN : WISC:89072879265
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Summary :

Economics for Intellectual Property Lawyers

Economics for Intellectual Property Lawyers
  • Author : Nicola Searle,Martin Brassell
  • Publisher :Unknown
  • Release Date :2016-08-02
  • Total pages :280
  • ISBN : 0198736266
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Summary : Intellectual property has traditionally been a matter for the legal professions, but with the shift to evidence-based policy, the global economic upheaval, and the advent of the digital age, intellectual property is increasingly informed by economic perspectives. This book offers provide a clear and practical guide to economic approaches to intellectual property, written for a legal audience. It introduces basic concepts in economics and finance that inform the law of intellectual property. Topics discussed offer additional perspectives include the economics of innovation, development, crime, law, industrial organization and welfare. Next, it considers the economics of specific intellectual property rights, including copyright, patents, trademarks, trade secrets, geographical indicator and design rights, as well as a section on competition. Finally, a section on applied approaches to the valuation of IP will help readers to understand the use of these topics in practice. This practical guide offers readers a better understanding of economic debates in intellectual property, as well as tools to enhance their ability to critique evidence-based policy.

ICSID Convention after 50 Years: Unsettled Issues

ICSID Convention after 50 Years: Unsettled Issues
  • Author : Crina Baltag
  • Publisher :Unknown
  • Release Date :2017-02-15
  • Total pages :642
  • ISBN : 9789041166470
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Summary : The International Centre for Settlement of Investment Disputes (ICSID) has played a leading role in establishing the field of foreign investment law. It is primarily due to the ICSID that it is no longer peculiar for individuals and corporations to have legal standing in claims against governments — probably the most notable development of international law of the last half century. Now, in its fiftieth year and ratified by more than 150 states, the ICSID received in 2015 its 500th case. This book celebrates this anniversary with an overview and analysis of ICSID case law to date and, focusing particularly on unsettled issues, assesses possible developments in the institution’s next phase. This volume collects twenty-two essays by prominent practitioners with substantial experience in investment arbitration law. The topics they cover encompass such issues as the following: • the political and economic reasons behind the creation of the ICSID; • admissibility and jurisdiction; • ICSID vis-à-vis bilateral investment treaties; • States’ concerns about the ‘partiality’ of arbitrators in favour of investors; • applicable laws under the ICSID Convention; • fact-finding rules; • conflicting interpretations of ICSID Convention provisions; • interaction of foreign investment and economic development; • value of ICSID awards in the light of EU law; • annulment of ICSID awards; • effects of denunciation (Bolivia, Ecuador, Venezuela) and non-contracting States (Russia, Brazil, India); • attribution of conduct of State-owned enterprises (SOEs); • counterclaims; • guarantees against political risk; and • allocation of costs. As a detailed response to the question whether ICSID has contributed as promised to an improvement in the investment climate and promoted the flow of private foreign capital — and as an assessment of the present and future feasibility of the ICSID system for the resolution of investment disputes by arbitration and conciliation — this book has no peers. Considering the current crisis of investment law, the book’s immediate value not only to investors and their counsel but also to practitioners and academics in the field of investment law and arbitration and public international law cannot be overstated. Dr Crina Baltag is the author of Kluwer’s 2012 book The Energy Charter Treaty: The Notion of Investor and the Associate Editor of Kluwer Arbitration Blog.

Development News Bulletin

Development News Bulletin
  • Author : Anonim
  • Publisher :Unknown
  • Release Date :2004
  • Total pages :229
  • ISBN : WISC:89098218803
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Summary :

Geographical Indications at the Crossroads of Trade, Development, and Culture

Geographical Indications at the Crossroads of Trade, Development, and Culture
  • Author : Irene Calboli,Wee Loon Ng-Loy
  • Publisher :Unknown
  • Release Date :2017-06-30
  • Total pages :300
  • ISBN : 9781107166332
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Summary : Historically, few topics have proven to be so controversial in international intellectual property as the protection of geographical indications (GIs). The adoption of TRIPS in 1994 did not resolve disagreements, and countries worldwide continue to quarrel today as to the nature, the scope, and the enforcement of GI protection nationally and internationally. Thus far, however, there is little literature addressing GI protection from the point of view of the Asia-Pacific region, even though countries in this region have actively discussed the topic and in several instances have promoted GIs as a mechanism to foster local development and safeguard local culture. This book, edited by renowned intellectual property scholars, fills the void in the current literature and offers a variety of contributions focusing on the framework and effects of GI protection in the Asia-Pacific region. The book is available as Open Access.

The World Jurist

The World Jurist
  • Author : Anonim
  • Publisher :Unknown
  • Release Date :1980
  • Total pages :229
  • ISBN : STANFORD:36105061765736
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Summary :

Current Law Index

Current Law Index
  • Author : Anonim
  • Publisher :Unknown
  • Release Date :2007
  • Total pages :229
  • ISBN : STANFORD:36105064155547
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Summary :

Worldwide Forum on the Arbitration of Intellectual Property Disputes

Worldwide Forum on the Arbitration of Intellectual Property Disputes
  • Author : World Intellectual Property Organization
  • Publisher :Unknown
  • Release Date :1994
  • Total pages :350
  • ISBN : UCBK:C088832361
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Summary :

Global Business Regulation

Global Business Regulation
  • Author : John Braithwaite,Peter Drahos
  • Publisher :Unknown
  • Release Date :2000-02-13
  • Total pages :722
  • ISBN : 9781107717503
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Summary : Across an amazing sweep of the critical areas of business regulation - from contract, intellectual property and corporations law, to trade, telecommunications, labour standards, drugs, food, transport and environment - this book confronts the question of how the regulation of business has shifted from national to global institutions. Based on interviews with 500 international leaders in business and government, this book examines the role played by global institutions such as the WTO, the OECD, IMF, Moody's and the World Bank, as well as various NGOs and significant individuals. The authors argue that effective and decent global regulation depends on the determination of individuals to engage with powerful agendas and decision-making bodies that would otherwise be dominated by concentrated economic interests. This book will become a standard reference for readers in business, law, politics and international relations.

Substantive Law in Investment Treaty Arbitration

Substantive Law in Investment Treaty Arbitration
  • Author : Monique Sasson
  • Publisher :Unknown
  • Release Date :2016-04-24
  • Total pages :328
  • ISBN : 9789041161109
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Summary : This new edition of what has rapidly become the pre-eminent work on the role of municipal law in investment treaty arbitration is justified not only by the accelerating appearance of investment treaty awards but also by the continuing, serious flaws in the application of international law by investment treaty arbitral tribunals. As a matter of international law, arbitrators need to be attentive to the circumstances where municipal law supplies the necessary substantive legal rule. They will find this book to be the best guide to this complex challenge. The author has maintained the overall structure of the first edition and added a new chapter on Article 42 of the ICSID Convention. Certain descriptions and arguments have been rethought and revised to clarify their significance and their applicability. The treatment focuses on the role of municipal law in providing the substance for concepts such as contracts, property rights, and shareholders’ rights, which are relevant in the international investment treaty context but are not regulated under international law. Among the complex questions considered are the following: - If the application of international law requires a renvoi to municipal law, how should that renvoi be conducted? - In investment disputes, what role, if any, should municipal law have in assessing State attribution under international law? - Should shareholders receive compensation for damages suffered by their company due to a violation of an international obligation vis-à-vis the company? - Does a contractual right exist to foreign investment ‘property’? - Under what conditions may a violation of municipal law become internationally wrongful? - May foreign investors rely on ‘expectations’ as an autonomous source of rights in investment treaty disputes? - Does an alleged breach of an umbrella clause transform a breach of contract claim covered by municipal law into an international law claim? The chapters answer these and many other questions in extraordinary depth, drawing on detailed analyses of the issues and implications posed by major relevant cases and arbitral decisions. The author’s analysis of the unavoidable interaction of municipal law and international law in investment treaty arbitration – and the consequences stemming from rejecting the application of municipal law when relevant – will continue to prove of immeasurable value to arbitrators, arbitration counsel, corporate counsel, and scholars of international law.

The Making of the Trips Agreement

The Making of the Trips Agreement
  • Author : Jayashree Watal,Antony Taubman
  • Publisher :Unknown
  • Release Date :2015
  • Total pages :480
  • ISBN : 9287042330
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Summary : A comprehensive account of the establishment of the World Trade Organization, focusing on those who shaped its creation as well as those who have influenced its evolution. The book examines trade negotiations, the WTO's dispute settlement role, the presence of coalitions and groupings within the WTO, the process of joining the organization and many other topics, including what lies ahead for the organization.

Indigenous Peoples and International Trade

Indigenous Peoples and International Trade
  • Author : John Borrows,Risa Schwartz
  • Publisher :Unknown
  • Release Date :2020-06-30
  • Total pages :332
  • ISBN : 9781108493062
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Summary : An exploration of economic rights afforded Indigenous peoples in international law and their diffusion to international trade and investment instruments.

Epstein on Intellectual Property

Epstein on Intellectual Property
  • Author : Michael A. Epstein
  • Publisher :Unknown
  • Release Date :2006-01-01
  • Total pages :1212
  • ISBN : 9780735559837
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Summary : This respected resource provides up-to-date, integrated coverage of the law of trade secrets, copyright, trademarks and patents, ideas, and non-competition agreements. It covers the latest legal developments in such hot areas as biotechnology, intellectual property, due diligence, software protection, copyright infringement, ownership of employee inventions, and more. By Michael A. Epstein. Epstein on Intellectual Property, Fifth Edition covers the latest legal developments in such hot areas as biotechnology, intellectual property, due diligence, software protection, copyright infringement, ownership of employee inventions, and more. You will consult this reference for expert answers to questions such as how to: Prevent the unauthorized use and disclosure of your company's trade secrets Determine what types of materials and information are covered by the copyright laws Apply for and enforce patents Reduce the risk of claims under the andquot;law of ideasandquot; Make effective use of noncompetition agreements Deal with the unique problems of biotechnology

Security Rights in Intellectual Property

Security Rights in Intellectual Property
  • Author : Eva-Maria Kieninger
  • Publisher :Unknown
  • Release Date :2020-07-22
  • Total pages :717
  • ISBN : 9783030441913
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Summary : This book discusses the main legal and economic challenges to the creation and enforcement of security rights in intellectual property and explores possible avenues of reform, such as more specific rules for security in IP rights and better coordination between intellectual property law and secured transactions law. In the context of business financing, intellectual property rights are still only reluctantly used as collateral, and on a small scale. If they are used at all, it is mostly done in the form of a floating charge or some other “all-asset” security right. The only sector in which security rights in intellectual property play a major role, at least in some jurisdictions, is the financing of movies. On the other hand, it is virtually undisputed that security rights in intellectual property could be economically valuable, or even crucial, for small and medium-sized enterprises – especially for start-ups, which are often very innovative and creative, but have limited access to corporate financing and must rely on capital markets (securitization, capital market). Therefore, they need to secure bank loans, yet lack their own traditional collateral, such as land.

Journal of World Trade

Journal of World Trade
  • Author : Anonim
  • Publisher :Unknown
  • Release Date :1995
  • Total pages :229
  • ISBN : UCSD:31822020581336
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Summary :

The World Blind Union Guide to the Marrakesh Treaty

The World Blind Union Guide to the Marrakesh Treaty
  • Author : Laurence R. Helfer,Jerome H. Reichman
  • Publisher :Unknown
  • Release Date :2017
  • Total pages :240
  • ISBN : 9780190679651
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Summary : The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled is a watershed development in the fields of intellectual property and human rights. As the first international legal instrument to establish mandatory exceptions to copyright, the Marrakesh Treaty uses the legal and policy tools of copyright to advance human rights. The World Blind Union Guide to the Marrakesh Treaty offers a comprehensive framework for interpreting the Treaty in ways that enhance the ability of print-disabled individuals to create, read, and share books and cultural materials in accessible formats. The Guide also provides specific recommendations to government officials, policymakers, and disability rights organizations involved with implementing the Treaty's provisions in national law.

Introduction to Swiss Intellectual Property Law

Introduction to Swiss Intellectual Property Law
  • Author : Rolf auf der Maur
  • Publisher :Unknown
  • Release Date :1995
  • Total pages :59
  • ISBN : STANFORD:36105061748070
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Summary :