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EU Bilateral Trade Agreements and Intellectual Property: For Better or Worse?

EU Bilateral Trade Agreements and Intellectual Property: For Better or Worse?
Author: Josef Drexl
Publisher: Springer Science & Business Media
Total Pages: 307
Release: 2013-11-19
Genre: Law
ISBN: 3642390978

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​​​​ ​This book focuses on a new generation of bilateral and regional agreements negotiated by the EU with developing countries and which include intellectual property (IP) provisions setting standards exceeding those of the TRIPS Agreement. The contributions critically analyse the IP standards found in these agreements; their potential for reforming the international IP system; the implications for the multilateral IP system and other areas of international law such as human rights; and the often neglected topic of implementing the IP obligations in these agreements.​


Intellectual Property, Free Trade Agreements and the United Kingdom

Intellectual Property, Free Trade Agreements and the United Kingdom
Author: Johnson, Phillip
Publisher: Edward Elgar Publishing
Total Pages: 304
Release: 2021-10-12
Genre: Law
ISBN: 1800888228

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Examining how trade agreements are interpreted both in trade tribunals and in the United Kingdom, this innovative book provides a well-rounded exploration of the numerous UK free trade agreements, including the UK–EU Trade and Cooperation Agreement, and their legal and policy implications for intellectual property.


Why Jamaica Wants to Protect Champagne

Why Jamaica Wants to Protect Champagne
Author: Anke Moerland
Publisher: Wolf Legal Publications
Total Pages: 653
Release: 2013
Genre: Law
ISBN: 9789462400405

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During the last 15 years, bilateral trade agreements have become increasingly more common. All bilateral trade agreements concluded by the European Union and the United States contain standards of intellectual property (IP) protection and enforcement that go beyond the protection agreed upon in the TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement. This poses important challenges to developing countries who are parties to these agreements, but often do not have the level of development and capacity to undertake innovative research which would allow them to take full advantage of the benefits of strong IP protection and enforcement. This book offers a legal and a political-scientific view on the phenomenon of strong IP protection and enforcement in bilateral trade agreements to which developing countries are parties. After providing a comprehensive analysis of the IP rights and obligations contained in recent bilateral trade agreements concluded by the EU, this book highlights the IP policy-making process in a developing country that has already accepted TRIPS-plus provisions, including Jamaica and the Caribbean Forum (CARIFORUM) region.


Intellectual Property, Free Trade Agreements and the United Kingdom

Intellectual Property, Free Trade Agreements and the United Kingdom
Author: Phillip Johnson
Publisher: Edward Elgar Publishing
Total Pages: 256
Release: 2021-10-28
Genre:
ISBN: 9781800888210

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Examining how trade agreements are interpreted both in trade tribunals and in the United Kingdom, this innovative book provides a well-rounded exploration of the numerous UK free trade agreements, including the UK-EU Trade and Cooperation Agreement, and their legal and policy implications for intellectual property. Providing a detailed assessment of the continuing role of EU standards in the UK, Phillip Johnson highlights how the UK has played an active role in shaping EU intellectual property law and policy. He explores the extent to which the UK's "new" trade agreements are tied to existing EU law and how this will preserve those standards in the UK, and how this might been received both nationally and globally. An extensive range of critical issues is covered, including copyright, patents, designs, trade marks, border control and technology transfer as well as featuring a calendar of EU laws which are replicated in the UK's current free trade agreements. This authoritative book will be an important source of reference for academics and practitioners seeking to understand the role of intellectual property law in UK and EU free trade agreements, as well as scholars and students of intellectual property, trade laws, and European Law.


A Geo-Economic Turn in Trade Policy?

A Geo-Economic Turn in Trade Policy?
Author: Johan Adriaensen
Publisher: Springer Nature
Total Pages: 372
Release: 2022-02-05
Genre: Political Science
ISBN: 3030812812

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Contemporary trade policy is increasingly framed in geo-strategic terms. But how much of that rhetoric is reflected in actual policy choices by the EU or its trading partners? This book provides a first systematic study of the broader international context in which EU trade agreements are conceived, negotiated, and designed. Building on a refined conceptualisation of geo-economics, the book develops a cogent framework that combines insights from scholarship on the design of free trade agreements with ideas from foreign policy analysis. Empirically, the analysis focuses on the relations between the EU and the Asia-Pacific. Following the United States’ pivot to Asia and the EU’s Global Europe strategy, China’s backyard has become the main arena in which global powers’ geo-economic strategies overlap. Building on a series of case-studies, combining the perspectives from the EU and its trading partners, the book shows that the rhetoric of geo-economic competition is yet to catch up with the actual negotiation and design of free trade agreements. This volume will be of great interest to scholars, students and practitioners who want to gain a holistic understanding of contemporary trade negotiations.


EU Copyright Law

EU Copyright Law
Author: Irini Stamatoudi
Publisher: Edward Elgar Publishing
Total Pages: 1303
Release: 2021-03-26
Genre: Law
ISBN: 1786437805

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This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.


Global Values and International Trade Law

Global Values and International Trade Law
Author: Csongor István Nagy
Publisher: Routledge
Total Pages: 195
Release: 2021-12-26
Genre: Law
ISBN: 1000480518

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Exploring the relationship and interaction between economic interests and normative non-trade values, this book argues that the emergence and development of non-trade values is based on a complex dialectic interaction between selfish economic interests and normative values, and examines how their structural interdependence has given rise to a remarkable evolution in international trade. Conceiving this relationship as an intricate dialectic one that is neither purely value-driven, nor purely economic-interest-driven, it addresses the emergence, function, and role of non-trade values in international trade with a synthetizing approach and explores the results of their interaction in international economic intercourse. Approaching the non-trade issues of trade in a holistic manner, the book demonstrates that trade can operate smoothly only if it is framed by an architecture of normative value standards and international trade liberalization has reached the level where further development calls for cooperation also in fields that, at first glance, may appear to be non-trade in nature.


Intellectual Property and Free Trade Agreements in the Asia-Pacific Region

Intellectual Property and Free Trade Agreements in the Asia-Pacific Region
Author: Christoph Antons
Publisher: Springer
Total Pages: 433
Release: 2014-12-05
Genre: Law
ISBN: 3642308880

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This book is highly topical. The shift from the multilateral WTO negotiations to bilateral and regional Free Trade Agreements has been going on for some time, but it is bound to accelerate after the WTO Doha round of negotiations is now widely regarded as a failure. However, there is a particular regional angle to this topic as well. After concluding that further progress in the Doha round was unlikely, Pacific Rim nations recently have progressed with the negotiations of a greatly expanded Trans-Pacific Partnership Agreement that includes industrialised economies and developed countries such as the United States, Japan, Australia and New Zealand, recently emerged economies such as Singapore, but also several developing countries in Asia and Latin America such as Malaysia and Vietnam. US and EU led efforts to conclude FTAs with Asia-Pacific nations are also bound to accelerate again, after a temporary slowdown in the negotiations following the change of government in the United States and the expiry of the US President’s fast-track negotiation authority. The book will provide an assessment of these dynamics in the world’s fastest growing region. It will look at the IP chapters from a legal perspective, but also put the developments into a socio-economic and political context. Many agreements in fact are concluded because of this context rather than for purely economic reasons or to achieve progress in fields like IP law. The structure of the book follows an outline that groups countries into interest alliances according to their respective IP priorities. This ranges from the driving forces of the EU, US and Japan, via Asia-Pacific resource-rich but IP poor economies such as Australia and New Zealand, recently emerged economies with strong IP systems such as Singapore and Korea to leading developing countries such as China and India and ‘second tier industrializing economies’ such as Thailand, Malaysia and Indonesia.


Competition and Intellectual Property Law in Ukraine

Competition and Intellectual Property Law in Ukraine
Author: Heiko Richter
Publisher: Springer Nature
Total Pages: 607
Release: 2023-01-22
Genre: Law
ISBN: 3662661012

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This volume provides the most comprehensive contemporary academic writing on Ukrainian competition and intellectual property law in English. Especially over the last few years, these areas have been in considerable flux, a main driver being the EU–Ukraine Association Agreement. The chapters cover a broad range of different topics and share a forward-looking perspective. They also outline the basic background that is necessary to understand the context of the issue discussed, especially with regards to the legal system of Ukraine. The publication is the result of a two-year project, and it is addressed to a wide range of international scholars, practitioners, and policy makers. It aims to make the state-of-the-art in Ukrainian legal scholarship visible and accessible to the international research community and to stimulate global debates in academia and politics. Therefore, it may be of interest and use to anyone who is interested in competition and intellectual property law, and/or in Ukraine.


World Trade and Local Public Interest

World Trade and Local Public Interest
Author: Csongor István Nagy
Publisher: Springer Nature
Total Pages: 266
Release: 2020-07-15
Genre: Law
ISBN: 3030419207

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Trade liberalization has shaped international economic relations since the conclusion of the GATT 1947. The last few decades have seen a significant shift in the focus of this process: multilateralism seems to have reached its limits, giving way to regionalism, and the focus of trade liberalization has shifted to non-tariff barriers. While these developments have attracted considerable attention, exploring them from comparative perspectives has been largely neglected. Trading systems – the WTO, regional economic integrations and federal systems – are all based on the same dichotomy of free trade and local public interest: they generally prohibit the constituent parties (states) from restricting trade, but exempt them from this limitation if the restriction is warranted by a legitimate local end. The purpose of this volume is to contribute to filling the above-mentioned research gap by exploring central issues in regional economic integrations from a comparative perspective. It provides a general economic analysis of the costs and benefits of trade liberalization and the role and function of normative values in commercial policy. This is followed by a comparative analysis of the approaches used in various regional economic integrations (in North America, Europe and Latin America) and federal markets (the United States, Australia and India) regarding the balance between free trade and local public interest. Key issues in investment law, one of the most contentious elements of next-generation free trade agreements, are also addressed.