This book explains China's intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China's compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author's critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel's property theories internalizes a theoretical paradox.
"Professor Wenwei Guan's treatment of intellectual property law and practice in the PRC offers new perspectives that enrich an already active field of study . . . This book will be a useful contribution to academic and policy discourses examining conceptual and operational dimensions of China's intellectual property protection system and the broader process of China's international engagement."
- Dr. Pitman B. Potter, Professor of Law, University of British Columbia, Canada
"Dr. Guan reminds us of the daunting challenge of the public-private divide in forming and reforming TRIPS regime; how this regime has failed to address development needs and public concerns in developing countries like China; and how TRIPS's 'birth defect' can be overcome and its evolution can be put back on the right track."
- Dr. Yahong Li, Associate Professor at Faculty of Law, Hong Kong University
Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.
This wide-ranging Research Handbook is the first to offer a stimulating and systematic review of the framework for criminal enforcement of intellectual property rights. If counterfeiting constitutes an ever-growing international phenomenon with major economic and social repercussions, potentially affecting consumer safety and public health, the question of which are the appropriate instruments to enforce IP rights is a complex and sensitive one. Although criminal penalties can constitute strong and effective means of enforcement, serious doubts exist as to whether criminal sanctions are appropriate in every infringement situation. Drawing on legal, economic, historical and judicial perspectives, this book provides a differentiated sector-by-sector approach to the question of enforcement, and draws useful conclusions for future legislative initiatives at European, international and national levels. Offering a broad survey of the field, and a sound platform for further research, this legal and cross-disciplinary study by leading scholars will prove insightful for professors, researchers and students in intellectual property, criminal, competition, consumer protection and health law.
The supplementary volume on the Handbooks on Dictionaries will extend the presentation of lexicography. It will continue to present the status and function of lexicographic reference works up to the present time within the cultural systems of societies, with special reference to the new digital forms of lexicography. It will expand and modify presented excerpts of a general theory of lexicography in its four sections, i.e. research into the use of dictionaries, research of dictionary criticism, historical and systematic dictionary research, with the aim that metalexicography can document its academic status as scientific discipline with an independent formation of a theory, that has been established in the last decade. It will complement the description of all phases of the lexicographic process, especially by means of the presentation of the new methods based on electronic corpora, by means of the discussion of the new possibilities of computer-assistance as well as the consideration of the linking possibilities of different types of lexicographic processes. It also includes the presentation of lexicographic training and lexicographic institutions.
The Author: partner at McDermott, Will & Emery. Summary: examines new changes by the European Commission (EC) to the law governing the enforceability of intellectual property licences in Europe. Agreements which contain the grant of a licence by one party to another of intellectual property rights (IPRs) are subject to European competition (anti-trust) laws. In particular, many agreements containing licences of patent rights and rights in confidential information and technical know-how are caught by Article 81(1) of the EC Treaty, which prohibits agreements between undertakings which prevent, restrict or distort competition in the Common Market. However, because licences of IPRs usually facilitate the transfer of technology from one undertaking to another, and the licensor and licensee will often operate at different levels of the market, many licences of IPRs may benefit from an automatic exemption under Article 81(3) of the EC Treaty. Contents: Introduction - IPRs; exploitation of IPRs (licences and other agreements); the impact of competition law; Article 81(1) of the EC Treaty; Article 81(3) of the EC Treaty (individual exemption; block exemption; Regulation (EC) No. 240/96) Modernisation - the Modernisation Regulation (EC) No. 1/2003 (abolition of the notification procedure); an economics based approach; market power (product markets; geographic markets; methodologies) The new Technology Transfer Block Exemption Regulation - competitors or non-competitors (flow diagram); technology markets; agreements between non-competitors; agreements between competitors; transitional arrangements Hardcore restrictions - improvements (grant back of exclusive licence; assignment); no-challengeclauses; limiting of output; limiting of licensee's ability to exploit its own technology
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