Elgar Intellectual Property and Global Development series – serie

Guan Hong Tang expertly highlights how the multidimensional concept of public interest has influenced the development and limitations of Chinese copyright. Since 1990 China has awarded copyright - individual rights - but also provides for public, non-criminal enforcement. The author reveals that pressures of development, globalization and participation in a world economy have hastened the loss of public interest from copyright. However, for a socialist country, placing the common ahead of the individual interest, the public interest also constitutes a phenomenological tool with which to limit copyright. The author also discusses how the rise of the Internet, which has had a major social and economic impact on China, raises problems for Chinese copyright law. Comparing Chinese copyright law with the USA and the UK, topical issues are presented in this unique book including those arising within education, library and archives sectors. This insightful book will strongly appeal to students and researchers in IP law, comparative law, Chinese studies, international commerce and information science. It will also prove invaluable for lawyers and consultants with expertise in IP and China.

This informative book examines the intellectual property (IP) provisions of the sub-regional, continental and international Free Trade Agreements (FTAs) that have been implemented by African countries to facilitate trade and promote economic integration. Michael Blakeney and Getachew Mengistie Alemu explain how FTAs can be used when setting IP standards in order to influence the ongoing effort to develop effective international agreements with Africa.African Free Trade Agreements and Intellectual Property details the national, sub-regional and continental structure of African IP laws and their relationship to the FTAs entered into by African states and sub-regional groupings. The book explores a broad range of topics including the socio-economic challenges of African countries, the African continental IP arrangements, Agenda 2063, cultural and biodiversity legislation. Looking ahead, the book recommends using IP to better support African countries in relation to biopiracy, access to genetic resources, the equitable sharing of benefits from the exploitation of those resources and the protection of traditional knowledge, cultural expressions and folklore.This book will be an insightful read for researchers and students specialising in intellectual property law, international economic law, trade law and public international law. Providing an in-depth examination of IP and FTA agreements in Africa, this book will also be of benefit to policy-makers and legal practitioners working in the field.

This book explores the evolving landscape of international intellectual property (IP) protection in the contemporary age of artificial intelligence (AI). María Vásquez Callo-Müller revisits the legal standards for IP protection outlined in multilateral treaties, analyzing how these address key regulatory challenges posed by AI, primarily data access for AI training and the need for transparency in AI systems.Focusing on copyright and trade secrets, Vásquez Callo-Müller presents a detailed mapping and interpretation of key international IP commitments. She furthermore evaluates trends in preferential trade agreements, highlighting their potential effects on domestic IP policies, addressing a gap in current IP research. Chapters also confront issues beyond the IP realm, namely the regulation of the non-disclosure of source code in digital trade. The book provides a roadmap for understanding how the current international IP framework interacts with the needs of future AI governance, identifying the steps necessary to foster forward-thinking regulatory policies.This book is an essential read for scholars and students of IP, international law and digital trade. It is also highly beneficial for policymakers interested in understanding how the field of international IP can shape AI governance.

In this incisive book, Minyu Zheng examines the various legal responses to unjustified threats of patent infringement. Employing a comparative, jurisdiction-based analysis, Zheng investigates whether the unjustified nature of such threats originates from the inaccuracy of the infringing accusation, or the inappropriateness of issuing threats. In particular, Zheng reveals how to resolve threats which are issued in an undue way but contain a correct allegation of patent infringement.The book provides a clear picture of how the legal systems in China, Germany, UK and the US resolve the common problem of patent infringement threats from various perspectives including statutes and judicial practice. Comparing these jurisdictions at a micro-level, Zheng assesses the principle of proportionality that assists in the critical evaluation of the approaches used in the investigated legal solutions, namely the intellectual property approach and the unfair competition approach. Ultimately, Zheng suggests a general rule for dealing with unjustified threats of patent infringement, fitting into the legal framework of the Paris Convention.Championing an international perspective, Legal Responses to Unjustified Threats of Patent Infringement is an informative resource for students and scholars of law, specifically intellectual property law. Its instructive nature will also appeal to policy makers and legal practitioners in the field.

This fascinating study describes efforts to define and protect traditional knowledge and the associated issues of access to genetic resources, from the negotiation of the Convention on Biological Diversity to The Declaration on the Rights of Indigenous Peoples and the Nagoya Protocol. Drawing on the expertise of local specialists from around the globe, the chapters judiciously mix theory and empirical evidence to provide a deep and convincing understanding of traditional knowledge, innovation, access to genetic resources, and benefit sharing. Because traditional knowledge was understood in early negotiations to be subject to a property rights framework, these often became bogged down due to differing views on the rights involved. New models, developed around the notion of distributive justice and self-determination, are now gaining favor. This book suggests - through a discussion of theory and contemporary case studies from Brazil, India, Kenya and Canada - that a focus on distributive justice best advances the interests of indigenous peoples while also fostering scientific innovation in both developed and developing countries. Comprehensive as well as nuanced, Genetic Resources and Traditional Knowledge will be of great interest to scholars and students of law, political science, anthropology and geography. National and international policy makers and those interested in the environment, indigenous peoples' rights and innovation will find the book an enlightening resource. Contributors: T. Bubela, J. Carbone, R. Crookshanks, L. DeBusschere, G. Dutfield, E.R. Gold, D.S. Hik, A. Kumbamu, C. Lawson, C. Metcalf, S. Nickels, K. Nnadozie, P.W.B. Phillips, E.B. Rodrigues Jr, T. Williams, S. Zhang

There is an inherent tension between the push to harmonize international intellectual property norms and the need to remain flexible and adaptive in domestic policy-setting. In trademark law, global brands protection must be balanced against the interests of consumers, who, though they may be aware of the global realm, are ultimately local actors. This is the key issue explored in this well-crafted and timely book.'- Daniel J. Gervais, Vanderbilt University Law School, US'Trademark law is territorial but trademarks, like trade, are increasingly global. Trademark owners often operate in worldwide markets where they are confronted with varying territorial legal rules about registration and even use of their trademarks. This apparent dichotomy between trade without borders and trademark laws with borders creates many challenging legal and practical issues which this volume tackles. This outstanding collection offers both specialists and novices insights into this complex topic. The editors are to be commended for their foresight in bringing this collection together.'- Susy Frankel Victoria, University of Wellington, New Zealand'The growing globalization of trade increases the challenges faced by trademark owners in the territories where they operate or plan to expand. Trademark owners thus have to find ways to solve the tension between global markets and territorial regimes of protection, which is precisely what this book explores from different angles and what makes it an essential work in today's borderless and brand-based economy. The result is a remarkable collection of original and thought-provoking chapters, which masterfully discuss the challenges and opportunities that the global economy presents, and will continue to present, for the territorial acquisition and enforcement of trademark rights.'- Jacques de Werra, University of Geneva, SwitzerlandAs the modern business world becomes increasingly decentralized and globally focused, traditional interpretations and applications of trademark protection law are facing greater and greater challenges. This is particularly true regarding the principle of trademark territoriality, which holds that trademark rights are bound by the laws of individual nations. This timely volume offers expert analyses of the challenges facing crucial aspects of trademark law from some of the most prominent scholars in the field.The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights against counterfeiting, remedies, protection of certification marks, and domain names. A detailed discussion of the history of trademarks and territoriality along with a comprehensive breakdown of current issues make this a complete and well-rounded resource for the study of trademark law in a contemporary context.Students, professors and practitioners working in international law, trade law and intellectual property law will find this book to be a valuable resource.Contributors include: G.W. Austin, I. Calboli, L. Chan Grinvald, M. Chon, D.C.K. Chow, G.B. Dinwoodie, C.H. Farley, L.C. Grinvald, M. LaFrance, M.A. Leaffer, E. Lee, J. Lipton, L.A.W. Lockridge, D.E. Long, P.-E. Moyse, M. Wong, P.K. Yu, D. Zografos Johnsson

Massive quantities of information are required to fuel the innovation process in a knowledge-based economy; a requirement that is in tension with intellectual property (IP) laws. Against this backdrop, leading thinkers in the IP arena explore the 'access challenge' of the 21st century, framed as the tension between the interest in the free flow of information and the fragmentation of knowledge resulting from strong IP laws.In some areas this tension seems to resolve in a shift of IP laws in the direction of greater openness, whether due to new business models, improved legal tools or access-friendly interpretations of existing laws. The book's chapters explore the challenges encountered by this 'opening' process from various perspectives, including:open access to public sector and scientific research dataenhanced use of licensingreshaping the contours of individual IP lawsinclusion of new stakeholders in the IP debatechallenges to the information flow in the international arena.

Intellectual property (IP) law has been widely discussed in recent scholarship, though many recent works explore the topic from a largely descriptive perspective. This book provides an analytical and comparative study of Chinese and European IP law, as well as an analysis of system reforms in China.The book highlights, in three parts, intellectual property for innovation and creativity in China, comparing concepts and norms in Chinese and European IP law, and governance of practices and IP enforcement. Demonstrating that the governance of IP rights requires the adoption of a set of norms, the contributors also argue that success is dependent on a transformation of the perspectives and implementation.Students and scholars of IP law, and Chinese IP law in particular, will find this book to be a valuable resource to their work. It will also be of interest to IP practitioners looking for an insight into system reforms in China.Contributors include: D.O. Acquah, R.M. Ballardini, N. Bruun, Y. Guan, K. He, K. Larson, N. Lee, M. Li, Y. Li, M. Oker-Blom, B.P.-W. Liu, L. Tammenlehto, W. Wu, P.K. Yu, L. Zhang, Q.-S. Zhao, Y. Zhao, L. Zhou

Climate Change, Sustainable Development and Cleantech envisions both global cleantech development and international cleantech transfer as crucial means to address climate change and secure sustainable development for planet earth. The book examines what it takes to attract foreign cleantech and encourage domestic cleantech innovation. The author proposes a pathway for developing countries that includes international aid, mutually beneficial international cleantech cooperation and domestic cleantech innovation.Prior to becoming an academician, the author garnered over fifteen years’ practical experience as a software engineer and attorney at law. The author has drawn on this experience to examine empirical analysis of factual data such as global R&D data, global patenting data, international surveys concerning cleantech transfer and domestic cleantech innovation and proposes effective solutions to address climate change and achieve sustainable development. This book's interdisciplinary and empirical-based analysis and recommendations will be most valuable to policymakers working in climate change, sustainable development, cleantech development or deployment, intellectual property and innovation policy.

Protecting Traditional Knowledge examines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples' rights to self-determination.Drawing on the experience of India and Peru, the author identifies lessons that may be used by Indigenous and local communities in making decisions regarding the protection of traditional knowledge. Using these two key case studies, the book argues that a sui generis regime based on principles of self-determination, prior informed consent and mutually agreed terms may empower Indigenous and local communities and act as a form of corrective justice.This informative and accessible book will be a valuable resource for Indigenous and local peoples as well as scholars of intellectual property law, Indigenous knowledge systems and international environmental law. It will also be of interest to readers working in policy development, governance, law and international development, human rights and the rights of Indigenous and local communities.

Discussing how intellectual property (IP) rights play a role in tackling the challenge of securing sustainable development, renowned scholars consider how the core objective of IP rights to promote innovation and development of new knowledge aligns with the UN Sustainable Development Goals (SDGs). This authoritative book provides an in-depth analysis of the multi-faceted interface between this core objective and the SDGs.Chapters analyse selected interrelations between IP law and other areas of law, including energy and financial law. Contributors explore the dimension of social development through timely examples such as the global solar photovoltaic market, the trend towards reusing and recycling, and the digital distribution of news services. This thought-provoking book argues for sustainable markets as an overreaching and contextual approach to the role of IP rights in tackling the challenges of the UN SDGs.Taking a market-based approach to IP rights and the SDGs, this engaging book will be of value to students and scholars of intellectual property and environmental law, as well as policymakers, practitioners and NGOs concerned with corporate social and environmental responsibility.

This ground-breaking book demonstrates that states are not attentive enough to the serious human rights implications of trade mark protection. Important rights to freedom of expression, health, life, benefits from science and culture, privacy, a fair trial and protection from discrimination and hate speech are often insufficiently addressed.The book develops an original approach that enables policy-makers to realise these rights, advocating for the development of a global human rights culture for trade marks. Using diverse examples from Australia, Uruguay, Europe, the United States and Kenya, Genevieve Wilkinson explores how trade mark protection can both promote and restrict human rights. Focusing on three detailed case studies – tobacco plain packaging, anti-counterfeiting measures and contrary marks – the book translates emerging human rights frameworks for health into a human rights framework for trade marks. It calls for greater attention to how trade marks can impact economic, social and cultural rights and proposes new ways to detect counterfeit trade marked goods.Providing an innovative solution to an often overlooked problem, this book will be an invaluable guide for policy-makers and academics interested in human rights and intellectual property, and activists seeking to address conflicts between trade mark law and human rights law.

This timely book reconciles the competing objectives of intellectual property and international investment agreements. Throughout, Pratyush Nath Upreti examines the issues arising from recent intellectual property disputes in investment arbitration from the perspectives of national and international legal orders, providing a normative analysis to resolve the tension brought by intellectual property and investor-state dispute settlement interactions.The analysis that the book offers is not confined to the intellectual property regime; it takes a pragmatic approach in terms of substantial analysis by also exploring the international trade regime, investment law and arbitration to address the key challenges to intellectual property and investor-state dispute settlement interaction. The author also considers the emerging and potential transformation of international intellectual property law, putting more emphasis on the need to shelter its intrinsic value.This thought-provoking book will be a key point of reference for law scholars, practitioners, and students in both developing and developed countries who are interested in intellectual property, investment law, and arbitration. It is also an essential read for policy makers, government officers, and lawyers involved with trade and Investment agreement negotiations.

The drastic impact of the COVID-19 pandemic highlighted many of society’s systemic inequalities. This timely and prescient book explores the role that Intellectual Property Rights (IPRs) played in the pandemic and argues for developing a framework of sustainability, innovation, and global justice in IPR systems, to build a more globally sustainable regime.IPRs impact products and processes which address fundamental societal needs, yet innovation is largely incentivised by the granting of exclusive rights which can limit accessibility to new products and technologies. In light of the COVID-19 pandemic, Intellectual Property Rights in the Post Pandemic World adopts a cross-disciplinary approach to analyse the relationship between IPRs, sustainability, innovation and the circular economy. Chapters examine pressing issues concerning responding to crises, inventions, the circular economy, follow-on innovation and multi-stakeholder collaboration, among others, as possible ways to finance sustainability. Throughout, this book focuses on how the IP system was challenged by the events of the pandemic, with a view to understanding how IPRs can be used to promote progressive social and sustainable innovation in the future.This book will be beneficial for researchers in intellectual property law and development law along with practitioners and policy makers. It will also prove valuable for students with a particular interest in law, social sciences and public health.

This original book presents a critical analysis of the interface between international intellectual property law and international investment law through the lens of intertextuality. It argues that a structuralist approach to intertextuality can be useful in the context of legal interpretation, especially in relation to the interpretation of treaties.Emmanuel Kolawole Oke critically evaluates the assumption that investment tribunals cannot take the rules of international intellectual property law into account when resolving investment disputes concerning intellectual property rights. He demonstrates instead the ways in which investment tribunals can and should adopt an intertextual approach when resolving such disputes, which, in turn, will help to preserve the intellectual property policy space of host states.Providing useful and thought-provoking insights, this book will be beneficial for legal scholars and students in the fields of intellectual property law, international investment law, and human rights. It will also be of great assistance to arbitrators faced with investment disputes involving intellectual property rights, as well as policy makers engaged in the negotiation of trade and investment agreements.

This timely book provides a comprehensive survey of recent developments in intellectual property (IP) law within the Association of Southeast Asian Nations (ASEAN) countries, written by experienced scholars and practitioners in the field.Divided into three insightful parts, the book looks into recent IP developments in individual countries, examining the relationship of ASEAN as a group with the wider region in IP matters, as well as providing comparative studies of copyright infringements, IP in agriculture, IP enforcement and pharmaceutical patenting in the ASEAN countries. Chapters investigate further pressing topics such as IP related to the innovation economy, covering all countries of ASEAN, recently concluded bi- and multilateral agreements and ASEAN IP negotiations with China and other trading partners.Providing regional and international analysis of ASEAN IP law across multiple sectors, this book will prove a valuable resource for IP practitioners, legal academics and law students concerned with Asian IP law and innovation. Students interested in the intersection between IP law, economy and society, from disciplines such as economics, business and political science, will also benefit from this detailed read.

This fascinating study describes efforts to define and protect traditional knowledge and the associated issues of access to genetic resources, from the negotiation of the Convention on Biological Diversity to The Declaration on the Rights of Indigenous Peoples and the Nagoya Protocol. Drawing on the expertise of local specialists from around the globe, the chapters judiciously mix theory and empirical evidence to provide a deep and convincing understanding of traditional knowledge, innovation, access to genetic resources, and benefit sharing. Because traditional knowledge was understood in early negotiations to be subject to a property rights framework, these often became bogged down due to differing views on the rights involved. New models, developed around the notion of distributive justice and self-determination, are now gaining favor. This book suggests - through a discussion of theory and contemporary case studies from Brazil, India, Kenya and Canada - that a focus on distributive justice best advances the interests of indigenous peoples while also fostering scientific innovation in both developed and developing countries. Comprehensive as well as nuanced, Genetic Resources and Traditional Knowledge will be of great interest to scholars and students of law, political science, anthropology and geography. National and international policy makers and those interested in the environment, indigenous peoples' rights and innovation will find the book an enlightening resource. Contributors: T. Bubela, J. Carbone, R. Crookshanks, L. DeBusschere, G. Dutfield, E.R. Gold, D.S. Hik, A. Kumbamu, C. Lawson, C. Metcalf, S. Nickels, K. Nnadozie, P.W.B. Phillips, E.B. Rodrigues Jr, T. Williams, S. Zhang

As the first form of truly rivalrous digital property, Internet domain names raise many challenges for law and policy makers. Analyzing the ways in which past disputes have been decided by courts and arbitrators, Jacqueline Lipton offers a comprehensive, global examination of the legal, regulatory and policy issues that will shape the future of Internet domain name governance. This comprehensive examination of domain name disputes involving personal names and political and cultural issues sheds light on the need to balance trademark policy, free speech and other pressing interests such as privacy and personality rights. The author stresses that because domain names can only be registered to one person at a time, they create problems of scarcity not raised by other forms of digital assets. Also discussed are the kinds of conflicts over domain names that are not effectively addressed by existing regulations, as well as possible regulatory reforms. Internet Domain Names, Trademarks and Free Speech brings pivotal new insights to bear in intellectual property and free speech discourse. As such, policymakers, scholars and students of intellectual property, cyber law, computer law, constitutional law, and e-commerce law will find it a valuable resource.

Intellectual property (IP) has gained an unprecedented importance in the new world of globalization and the knowledge economy. However, experience, as well as cyclical attitudes toward IP, show that there is no universal model of IP protection.This comprehensive book considers new and emerging IP issues from a development perspective, examining recent trends and developments in this area. Presenting an overview of the IP landscape in general, the contributing authors subsequently narrow their focus, providing wide-ranging case studies from countries across Africa, Asia and Latin America on topical issues in the current IP discourse. These include the impact of IP on the pharmaceutical sector, the protection of life forms and traditional knowledge, geographical indications, access to knowledge and public research institutes, and the role of competition policy. The challenges developing countries face in the TRIPS-Plus world are also explored in detail. The diverse range of contributions to this thought-provoking book offer a wide variety of alternative perspectives on and solutions for the controversial issues surrounding the role of IP within sustainable development. As such, it will prove a stimulating read for government policy-makers, trade negotiators, academics, lawyers and IP practitioners in general, UN and other intergovernmental agencies, development campaigners and aid agencies, environmentalist groups and university students.

Intellectual property (IP) has gained an unprecedented importance in the new world of globalization and the knowledge economy. However, experience, as well as cyclical attitudes toward IP, show that there is no universal model of IP protection.This comprehensive book considers new and emerging IP issues from a development perspective, examining recent trends and developments in this area. Presenting an overview of the IP landscape in general, the contributing authors subsequently narrow their focus, providing wide-ranging case studies from countries across Africa, Asia and Latin America on topical issues in the current IP discourse. These include the impact of IP on the pharmaceutical sector, the protection of life forms and traditional knowledge, geographical indications, access to knowledge and public research institutes, and the role of competition policy. The challenges developing countries face in the TRIPS-Plus world are also explored in detail. The diverse range of contributions to this thought-provoking book offer a wide variety of alternative perspectives on and solutions for the controversial issues surrounding the role of IP within sustainable development. As such, it will prove a stimulating read for government policy-makers, trade negotiators, academics, lawyers and IP practitioners in general, UN and other intergovernmental agencies, development campaigners and aid agencies, environmentalist groups and university students.

Since the 1980s, China has worked to develop the technology commercialization capacity of its universities. Progress has occurred, but university technology commercialization remains on the periphery of Chinese economic development. Because university technology commercialization is predominantly a 'law-based' strategy, the authors examine whether China's legal system adequately supports such efforts. Since the law does not operate in isolation, the authors conduct their analysis through the lens of China's overall innovation system. This holistic approach enables the authors first to provide a more accurate analysis of the Chinese legal system's ability to support university technology commercialization and also to generate useful insights on the strengths, weaknesses and future of the country's commercialization efforts. One of the problems with analyzing inherently complex systems - like that of China's innovation system - is the need for expertise from a very broad range of disciplines. In that vein, Shaping China's Innovation Future employs a thorough analysis of a combination of factors including: the role of law and China's legal system; economic theory and the development of China's economy; China's educational, intellectual property, and financial systems; China's innovation capacity; and Chinese culture. Though the recommendations on how to improve China's technology commercialization system are unique for China, the scope of the research makes the conclusions found here applicable to other countries facing similar challenges. This unique analysis will be of significant interest to policymakers in China and other developing countries who are seeking to increase their level of technology-based economic development; academics studying China, China's legal system, university technology transfer, national innovation systems, entrepreneurialism, international intellectual property, or international economic development; and Chinese scientists and entrepreneurs and those wishing to work with them.

This important book brings together leading scholars from multiple disciplines, including intellectual property, human rights, public health, and development studies, as well as activists to critically reflect on the global health governance regime.The Global Governance of HIV/AIDS explores the implications of high international intellectual property standards for access to essential medicines in developing countries. With a focus on HIV/AIDS governance, the volume provides a timely analysis of the international legal and political landscape, the relationship between human rights and intellectual property, and emerging issues in global health policy. It concludes with concrete strategies on how to improve access to HIV/AIDS medicines.This interdisciplinary, global, and up-to-date book will strongly appeal to academics in law, international relations, health policy and public policy, as well as students, policymakers and activists.Contributors include: F.M. Abbott, O. Aginam, T. Amin, L. Biron, A. Denburg, G.E. Evans, J. Harrington, J. Harrison, K. Lee, K.C. Shadlen, P.K. Yu