Intellectual Property and Free Trade Agreements in the by Christoph Antons, Reto M. Hilty

By Christoph Antons, Reto M. Hilty

This e-book is extremely topical. The shift from the multilateral WTO negotiations to bilateral and neighborhood loose exchange Agreements has been occurring for it slow, however it is certain to speed up after the WTO Doha around of negotiations is now greatly considered as a failure. in spite of the fact that, there's a specific local perspective to this subject to boot. After concluding that additional growth within the Doha around was once not likely, Pacific Rim countries lately have advanced with the negotiations of a significantly elevated Trans-Pacific Partnership contract that comes with industrialised economies and constructed international locations corresponding to the U.S., Japan, Australia and New Zealand, lately emerged economies similar to Singapore, but additionally numerous constructing international locations in Asia and Latin the United States resembling Malaysia and Vietnam. US and ecu led efforts to finish FTAs with Asia-Pacific international locations also are absolute to speed up back, after a short lived slowdown within the negotiations following the switch of presidency within the usa and the expiry of the united states President’s fast-track negotiation authority. The publication will supply an evaluate of those dynamics within the world’s quickest becoming sector. it is going to examine the IP chapters from a felony standpoint, but additionally placed the advancements right into a socio-economic and political context. Many agreements in reality are concluded due to this context instead of for merely fiscal purposes or to accomplish growth in fields like IP legislation. The constitution of the publication follows an overview that teams nations into curiosity alliances in keeping with their respective IP priorities. This levels from the using forces of the european, US and Japan, through Asia-Pacific resource-rich yet IP terrible economies reminiscent of Australia and New Zealand, lately emerged economies with robust IP platforms akin to Singapore and Korea to prime constructing international locations comparable to China and India and ‘second tier industrializing economies’ similar to Thailand, Malaysia and Indonesia.

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28 29 33 36 43 45 47 49 50 Abstract This chapter provides an overview of Free Trade Agreements (FTAs) in the Asia-Pacific region. It examines the multiple interpretations of the ‘AsiaPacific’ and asks about the usefulness of this concept as a focus of comparison. It explains the political and economic background of concluded agreements, the C. Antons: Referendar jur. (Rhineland Palatinate), Assessor jur.

2 The Asia-Pacific Region as the Focus of Comparison . . . . . . . . . . . . . . . . . . . 3 The Political and Economic Background to Concluded Agreements and Negotiations in Progress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Regional FTA Clusters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 FTAs with Low Level of IP Content .

Antons and D. 103 Equally at this bottom end of IP content is a large number of agreements which contain a single permissive provision, again modelled on the general exceptions provision of Article XX GATT, stating that the agreement shall not preclude the adoption or enforcement of measures necessary for the protection of intellectual property rights (mentioned here are usually patents, trade marks and copyrights) or the prevention of unfair, deceptive or misleading and deceptive practices, provided that such measures are not used as a means of arbitrary or unjustifiable discrimination or as a disguised restriction on trade.

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