Competition Law Technology Transfer And The Trips Agreement PDF Download
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Author | : Tu Thanh Nguyen |
Publisher | : Edward Elgar Publishing |
Total Pages | : 361 |
Release | : 2010-01-01 |
Genre | : Law |
ISBN | : 184980544X |
Download Competition Law, Technology Transfer and the TRIPS Agreement Book in PDF, ePub and Kindle
The book deals with a difficult subject with an assured touch and will be a valuable text for postgraduate students, policy-makers and practitioners. European Intellectual Property Review This is the first ever book that addresses the important issue of the competition law, intellectual property and trade interface in a developing world context. The book s unique contribution is a set of comparative case studies on this complex interface. D. Daniel Sokol, University of Florida Levin College of Law, US The book investigates competition law and international technology transfer in the light of the TRIPS Agreement and the experience of both developed and developing countries. On that basis, it draws relevant implications for developing countries. Tu Thanh Nguyen argues that technology transfer-related competition law should be glocalized appropriately for the needs of local contexts, while intellectual property rights (IPR) are globalized. The book reveals that developing countries, according to the TRIPS Agreement, have the right to use domestic competition law to promote access to technology in order to protect national interests and consumer welfare. However, competition law is antitrust. It is neither anti-IPR nor anti-trade. The author finds that developing countries with limited competition law resources should set realistic priorities for the control of technology transfer-related anti-competitive practices. They can reasonably apply and adapt relevant regulations, decisions and judgments from developed country jurisdictions to their own circumstances. Competition Law, Technology Transfer and the TRIPs Agreement is a timely resource for postgraduate students, practitioners, and scholars in international competition law, IPR, and technology transfer. Policymakers in the field of technology transfer-related competition law/policy, especially in developing countries, will also find this book invaluable.
Author | : Dr. Tú Thanh Nguyễn |
Publisher | : Edward Elgar Pub |
Total Pages | : 346 |
Release | : 2010 |
Genre | : Law |
ISBN | : 9781849801256 |
Download Competition Law, Technology Transfer and the TRIPS Agreement Book in PDF, ePub and Kindle
`This is the first ever book that addresses the important issue of the competition law, intellectual property and trade interface in a developing world context. The book's unique contribution is a set of comparative case studies on this complex interface.' ---D. Daniel Sokol, University of Florida Levin College of Law, USA The book investigates competition law and international technology transfer in the light of the TRIPS Agreement and the experience of both developed and developing countries. On that basis, it draws relevant implications for developing countries. Tu Thanh Nguyen argues that technology transfer-related competition law should be `glocalized' appropriately for the needs of local contexts, while intellectual property rights (IPRs) are globalized. The book reveals that developing countries, according to the TRIPS Agreement, have the right to use domestic competition law to promote access to technology in order to protect national interests and consumer welfare. However, competition law is antitrust. It is neither anti-IPR nor anti-trade. The author finds that developing countries with limited competition law resources should set realistic priorities for the control of technology transfer-related anti-competitive practices. They can reasonably apply and adapt relevant regulations, decisions and judgments from developed country jurisdictions to their own circumstances. Competition Law, Technology Transfer and the TRIPS Agreement is a timely resource for postgraduate students, practitioners, and scholars in international competition law, IPR, and technology transfer. Policymakers in the field of technology transfer-related competition law/policy, especially in developing countries, will also find this book invaluable.
Author | : Tu T. Nguyen |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : |
ISBN | : |
Download Competition Law in Technology Transfer Under the TRIPS Agreement Book in PDF, ePub and Kindle
The TRIPS Agreement allows WTO Members to enact and apply appropriate domestic competition law to address IPR-related anti-competitive practices. However, these flexibilities in the TRIPS Agreement do not provide any specific guidance for WTO Members. The application of domestic competition law to IPR abuses in technology transfer varies a great deal between developed and developing countries, and even among the developed countries themselves. The application requires the establishment of a sophisticated legal infrastructure. This is not a simple matter for developing countries. Intellectual property law allows for the creation of a market which welcomes innovation, the commercialization of such innovation, and technology transfer. Competition law then regulates this market. A strong intellectual property regime needs to be accompanied by strong competition rules. Developing countries generally under-enforce their competition legislation in this area, even though they are net importers of technology. They have to comply with high standards of intellectual property protection under the TRIPS Agreement, or even the TRIPS-plus standards. But they appear not to make use of the competition flexibilities in the TRIPS Agreement to promote access to technology and control anti-competitive conduct in inward technology transfer. Analyses of technology transfer-related competition law in developing countries in general, and Vietnam in particular, together with the experience of the US and the EU, provide useful insights. In principle, domestic competition law should be used to promote access to technology. Developing countries can reasonably apply and adapt relevant decisions and judgments from developed country jurisdictions to their own circumstances. While IPRs are globalized, technology transfer-related competition law should be glocalized suitably for the needs of local contexts. In this respect, developing countries should evaluate the obstacles, both internal and external, in order to select appropriate strategies. It must, however, be remembered that competition law is antitrust. It is neither anti-IPR nor anti-trade. Developing countries with limited competition law resources should set realistic priorities for the control of technology transfer-related anti-competitive practices. The focus should be on the areas of refusal to license, excessive pricing of technology-embodied products, tying, and use restrictions. At the international level, issues relating to technology transfer-related competition law, and competition law in general, should be on the agenda of a post-Doha negotiation round in the WTO.
Author | : Tu Thanh Nguyen |
Publisher | : |
Total Pages | : 405 |
Release | : 2009 |
Genre | : Antitrust law |
ISBN | : 9789162877347 |
Download Competition Law in Technology Transfer Under the TRIPS Agreement Book in PDF, ePub and Kindle
The book investigates competition law and international technology transfer in the light of the TRIPS Agreement and the experience of both developed and developing countries. On that basis, it draws relevant implications for developing countries
Author | : |
Publisher | : |
Total Pages | : 193 |
Release | : 2007 |
Genre | : |
ISBN | : |
Download Competition Law in Technology Transfer Under the TRIPS Agreement Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 1000 |
Release | : 2019 |
Genre | : Electronic books |
ISBN | : 9781526509093 |
Download Technology Transfer Book in PDF, ePub and Kindle
"Covers the laws surrounding commercial transactions that involve the development, use of commercialisation of technology and associate intellectual property rights. Types of transactions that fall within this category are research and development contracts and intellectual property licences and these form the main focus of the book. Written by experts and describing the many different areas of law that affect technology agreements such as IP, contract law, competition law and tax, this is the leading guide to this complex area of law. The new Fourth Edition has been brought completely up to date including: - Coverage of EU Horizon 2020 replacing Framework 7 funding scheme - General Data Protection Regulation (GDPR) - Updates in line with the Charities Act 2011 - New section on different types of standard agreements available (Lambert, NIHR, EU consortium agreements) - New material dealing with variety of relevant patent legislation: Unitary Patent and Unified Patents Court, the Intellectual Property Act 2014, Legislative Reform (Patents) Order 2014, Patents (Supplementary Protection Certificates) Regulations) 2014 - New material on the EU Trade Secrets Directive - Coverage of Regulations No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC - Addition of research exception (new section 22A) from freedom of information from 1 October 2014 (Freedom of Information Act 2014) - Coverage of Technology Transfer Regulation, 316/2014 and related guidelines The precedents are available to download electronically via a separate website."--
Author | : Mark Anderson |
Publisher | : Bloomsbury Publishing |
Total Pages | : 1109 |
Release | : 2020-03-20 |
Genre | : Law |
ISBN | : 1526509075 |
Download Technology Transfer Book in PDF, ePub and Kindle
Covers the laws surrounding commercial transactions that involve the development, use of commercialisation of technology and associate intellectual property rights. Types of transactions that fall within this category are research and development contracts and intellectual property licences and these form the main focus of the book. Written by experts and describing the many different areas of law that affect technology agreements such as IP, contract law, competition law and tax, this is the leading guide to this complex area of law. The new Fourth Edition has been brought completely up to date including: - Coverage of EU Horizon 2020 replacing Framework 7 funding scheme - General Data Protection Regulation (GDPR) - Updates in line with the Charities Act 2011 - New section on different types of standard agreements available (Lambert, NIHR, EU consortium agreements) - New material dealing with variety of relevant patent legislation: Unitary Patent and Unified Patents Court, the Intellectual Property Act 2014, Legislative Reform (Patents) Order 2014, Patents (Supplementary Protection Certificates) Regulations) 2014 - New material on the EU Trade Secrets Directive - Coverage of Regulations No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC - Addition of research exception (new section 22A) from freedom of information from 1 October 2014 (Freedom of Information Act 2014) - Coverage of Technology Transfer Regulation, 316/2014 and related guidelines
Author | : United States International Trade Commission |
Publisher | : |
Total Pages | : 80 |
Release | : 1979 |
Genre | : Export controls |
ISBN | : |
Download International Technology Transfer Book in PDF, ePub and Kindle
Author | : Friedrich-Karl Beier |
Publisher | : Wiley-VCH |
Total Pages | : 512 |
Release | : 1996-09-26 |
Genre | : Business & Economics |
ISBN | : |
Download From GATT to TRIPs Book in PDF, ePub and Kindle
The "Agreement on Trade-Related Aspects of Intellectual Property Rights" of 1994 constitutes a milestone in the international protection of these rights and the most far-reaching agreement to follow upon the venerable Paris and Berne Conventions. Under the aegis of the newly established World Trade Organization, international intellectual property protection has for the first time been linked to trade policy issues. The TRIPs Agreement also obliges its Members as regards the enforcement of rights and dispute settlement. This volume in the IIC Studies series undertakes a comprehensive analysis of all the fields of industrial and intellectual property law regulated and affected by TRIPs. It is an indispensable tool for lawyers, practitioners and scholars in this area.
Author | : Thomas K. Cheng |
Publisher | : Oxford University Press |
Total Pages | : 545 |
Release | : 2022-01-15 |
Genre | : Law |
ISBN | : 0192857355 |
Download The Patent-Competition Interface in Developing Countries Book in PDF, ePub and Kindle
This book proposes an approach to the patent-competition interface for developing countries. It puts forward a theoretical framework after canvassing relevant policy considerations and examines the many reasons why patent protection is not essential for generating innovation incentives in developing countries. These include the tendency of the patent system to overcompensate innovators, the availability of other appropriation mechanisms for innovators to monetize their innovations, and the lack of appropriate technological capacity in many developing countries to take advantage of the incentives generated by the patent system. It also argues that developing countries with a small population need not pay heed to the impact of their patent system on the incentives of foreign innovators. It then proposes a classification of developing countries into production countries, technology adaptation countries, and proto-innovation countries and argues that dynamic efficiency considerations take on different meanings for developing countries depending on their technological capacities. For the vast majority of developing countries bereft of meaningful innovation capacity, foreign technology transfer is the main vehicle for technological progress. The chief dynamic policy consideration for these countries is hence incentives for technology transfer instead of innovation incentives. There are three main means of voluntary technology transfer: importation of technological goods, foreign direct investment, and technology licensing. Competition law regulation of patent exploitation practices interacts with these three means of technology transfer in different ways and an appropriate approach to the patent-competition interface for these countries needs to take these into account. Distilling all these considerations, the book proposes a development stage-specific approach to the patent-competition interface for developing countries. The approach is then applied to a number of patent exploitation practices, including unilateral refusal to deal, patent tying, excessive pricing for pharmaceuticals, reverse payment settlements, and restrictive licensing practices.