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This book was first published in 2006. Technologists have the ideas. Lawyers know the rules. But for business managers and investors, rules and ideas don't readily combine into a strategic vision. No longer is intellectual property (IP) just a necessary expense for large technology companies. Competing and succeeding in the marketplace requires an in-depth understanding of IP - its use as a weapon, as a shield, and as a monetizable asset. Yet in a world where fortunes can rise or founder on the strength of an IP portfolio, hesitation to enter this arcane, unfamiliar world still abounds. This book equips the business manager with a working, practical knowledge essential to creating and exploiting IP wealth. It shows investors how to evaluate IP strength and competitive value. With its results-oriented perspective and international focus, Intellectual Property for Managers and Investors is essential for those with decision making-responsibility at the interface where business and innovation meet.
This important new book constitutes a serious examination of both the positive potential, as well as the deficiencies, of the TRIPS agreement. In the light of their analysis, the editors and their colleagues make a powerful case for wide ranging reforms. Intellectual Property law (IP) - particularly in relation to international trade regimes - is increasingly finding itself challenged by rapid developments in the technological and global economic landscapes. In its attempt to maintain a responsive legislative system that is interacting successfully with global trade rules, IP is having to respond to an increasing number of actors on an international level. This book examines the problems associated with this undertaking as well as suggesting possible revisions to the TRIPS agreement that would make it more relevant to the environment in which today's IP mechanisms are operating. The overall aim is to find an adequate response to the 'IP balance dilemma'. The theme is pursued throughout various topics, including a look at what this means in relation to economy in a country like China, and also considering how IP is increasingly having to reconcile itself with human rights issues. This book will appeal to academics, policy makers and post-graduate students in IP and international trade law, as well as related fields, such as development and human rights.
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
This guide provides an overview of the global framework of international commercial arbitration - the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Arbitration Convention. The book provides comprehensive insight into the laws of international arbitration for the world's most important jurisdictions in the arena of international arbitration: Austria, Belgium, Brazil, China, England/Wales, France, Germany, Hong Kong, India, the Netherlands, Russia, Singapore, Spain, Sweden, Switzerland, and the United States. The country reports focus on international arbitration, and, where applicable, point to specific rules applying to domestic arbitration in a specific jurisdiction. Each country report follows a uniform structure along the following lines: an introduction, the arbitration agreement, the arbitral proceedings, and the control and the enforcement of arbitral awards. The book's contributors are experienced practitioners in arbitration from the featured countries. [Subject: Arbitration, Alternative Dispute Resolution, Commercial Law]
This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author's extensive experience of international disputes, it provides a very comprehensive and useful commentary. Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today. This book will be highly useful to academics, postgraduate students, practitioners and policy makers in the field of cultural heritage or cultural property law. It will also be of great interest to those researching in the areas of museum studies or cultural diplomacy.
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