000 04057nam a22003977a 4500
020 _a9781509922772
082 _a347.77
_bLIU
100 _aLiu, Kung-Chung Ed.
100 _aChaisse, Julien Ed.
245 _aThe future of Asian trade deals and IP
250 _a1st ed.
260 _aLondon
_bHart
_c2019
300 _aix, 306p.
_b25 cm.
500 _aThe pulling out of the Trans-Pacific Partnership (TPP) by the US marks a new era for trade deals and potentially for intellectual property (IP). The TPP has evolved to become the Comprehensive and Progressive Agreement for TPP (CPTPP) with the remaining 11 members suspending some of its provisions, over half of which are IP-related. While the TPP excludes the two Asian giants – India and the People's Republic of China (PRC) – the ongoing Regional Comprehensive Economic Partnership (RCEP) negotiations include both of them. The first part of this edited collection sets out to re-examine some basic principles of trade negotiation, such as choosing the right representatives to negotiate and enhancing transparency as a cure to the public's distrust against trade talks; moreover, it analyses how CPTPP might impact on RCEP's IP chapter and examines the possible norm setters of Asian IP. It then focuses on the PRC's trade and IP strategy against the backdrop of the power games between the PRC, India and the US. The second part of the book reflects on issues related to investor–state dispute settlement and its relationship with IP, such as how to re-calibrate the balance in international investment arbitration, and whether compulsory license of IP constitutes expropriation in India, the PRC and select ASEAN countries. The third part of the book questions and strives to improve some of the proposed IP provisions of CPTPP and RCEP and to redefine some aspects of international IP norms, such as: pre-grant patent opposition and experimental use exception; patent term extension; patent linkage and data exclusivity for the pharmaceutical sector; plant variety protection; pre-established damages for copyright infringement; and the restructuring of copyright limitations in the public interest.
650 _aIntroduction: The Intersection between Intellectual Property Rights and Free Trade Agreements
650 _aFROM TPP/CPTPP TO RCEP
650 _a Selecting the Right Representatives to Participate in Trade Negotiations: A New Model of Multi-Stakeholder Involvement for Future Plurilateral Free Trade Agreement Negotiations
650 _a Trade Strategies and Power Games between China, the US and India
650 _aThe Future of China's Trade Pact and Intellectual Property Rights
650 _aThe RCEP Negotiations and Asian Intellectual Property Norm Setters
650 _aINVESTOR-STATE ARBITRATION AND INTELLECTUAL PROPERTY
650 _aRecalibrating the Balance in International Investment Agreements
650 _aIssuance of Compulsory Patent Licences and Expropriation in Asian BITs and FTA Investment Chapters: A Study of India, China, Malaysia and Thailand
650 _aIMPROVING THE IP PROVISIONS OF CPTPP/RCEP AND REDEFINING GLOBAL IP
650 _aWill RCEP Redefine Norms Related to Pre-grant Opposition and Experimental Use Exceptions in International Patent Law?
650 _a Patent Term Extension in the Pharmaceutical Sector: An Asian Comparative Perspective
650 _aMitigating the Impacts of Patent Linkage on Access to Medicine: Some Asian Experiences and Suggestions
650 _aIntellectual Property in Plant Material and Free Trade Agreements in Asia
650 _aPre-established Damages for Copyright Infringement and Trademark Counterfeiting: Suggestions for CPTPP/RCEP Based on Some Asian Experiences
650 _a Liberalizing Use of the Three-Step Test and Copyright Limitations in the Public Interest
650 _aIntellectual property -- Asia.
650 _a Foreign trade regulation -- Asia.
650 _aInternational Economic & Trade Law.
650 _aAsian Law.
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999 _c348729
_d348729