ERPN: IP (Other) (Sub-Topic)最新文献_第2页

Regime Shifting of IP Law Making and Enforcement from the WTO to the International Investment Regime 从WTO到国际投资体制的知识产权立法与执法制度变迁

ERPN: IP (Other) (Sub-Topic) Pub Date : 2017-02-09 DOI: 10.2139/SSRN.2914650

J. Gathii, Cynthia M. Ho

{"title":"Regime Shifting of IP Law Making and Enforcement from the WTO to the International Investment Regime","authors":"J. Gathii, Cynthia M. Ho","doi":"10.2139/SSRN.2914650","DOIUrl":"https://doi.org/10.2139/SSRN.2914650","url":null,"abstract":"This article provides new insight to regime shifting and regime complexes through one of the first detailed analysis of the regime shift in intellectual property law making and enforcement from the World Trade Organization to international investment law. Unlike prior cases of regime shifting that have predominantly focused on the efforts of States and NGOs creating counter-norms viz-a-viz those of the WTO’s TRIPS Agreement, the current regime shift is primarily engineered by multinational corporations seeking to destabilize TRIPS flexibilities through investor-state arbitration. Since defending these cases costs countries millions of dollars, this regime shift to investor state arbitration has a significant chilling effect on the regulatory authority of states. We argue and show that by bringing or threatening to bring investor-state litigation to protect their IP rights against countries seeking to protect public health, pharmaceutical and tobacco companies pose a serious threat to the sovereignty of countries to implement the TRIPS Agreement in a manner that balances IP rights against values such as access to affordable medicine. As a consequence this Article argues that this regime shift is significant not only for developing countries, but for developed countries, such as Canada, Australia, and members of the European Union as well. The last part of the article proposes solutions to the challenges that this regime shifting raises. The first set of proposals recommend defining and clarifying key terms in investment treaties to minimize harm to domestic sovereignty as well as to maximize flexibilities under the TRIPS Agreement. The second set of proposals recommend improving the investment dispute process through a variety of reforms.","PeriodicalId":218824,"journal":{"name":"ERPN: IP (Other) (Sub-Topic)","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121593390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 11

A New Look at Intellectual Property and Innovation in Africa 非洲知识产权与创新的新视角

ERPN: IP (Other) (Sub-Topic) Pub Date : 2016-09-01 DOI: 10.2139/ssrn.2822360

P. Terroir

引用次数: 1

Fake it, Till You Make It: A Justification for Intellectual Property 'Piracy' 假冒，直到你成功:为知识产权“盗版”辩护

ERPN: IP (Other) (Sub-Topic) Pub Date : 2014-08-03 DOI: 10.18060/18388

L. J. Gibbons

引用次数: 0

Protecting Traditional Knowledge: Can Intellectual Property Rights Help? 保护传统知识:知识产权能起作用吗?

ERPN: IP (Other) (Sub-Topic) Pub Date : 2014-06-30 DOI: 10.14259/AS.V1I2.152

P. K. Lakshmanan, S. Lakshmanan

{"title":"Protecting Traditional Knowledge: Can Intellectual Property Rights Help?","authors":"P. K. Lakshmanan, S. Lakshmanan","doi":"10.14259/AS.V1I2.152","DOIUrl":"https://doi.org/10.14259/AS.V1I2.152","url":null,"abstract":"Abstract Traditional knowledge (TK) is the intellectual creativity of indigenous peoples and local communities developed over generations through close observations of nature and experimentation. In essence it is the knowledge, know-how, skills and practices that have been developed, sustained and passed on from generation to generation within a community, and the people in the community are so deeply and completely imbedded in that milieu that it is forming their cultural and/or spiritual identity. It is so completely encompassing the lives of the people that it can be found in a wide variety of contexts, including: agricultural, scientific, technical, ecological and medicinal knowledge as well as biodiversity-related knowledge. TK of indigenous civilizations provides enormous benefits for life-style management, preventive health care systems and state-of-the-art technology for humanity as a whole. Unfortunately, legal systems have not recognized TK and not given due respect for its direct and indirect contributions to the development of modern science and technology so far. This paper unfolds various dimensions in which TK is sought to be protected under the modern legal and economic systems. It probes into the possibilities of TK being protected under intellectual property rights or alternative mechanisms yet to be created. This paper also analyses the provisions of Convention on Biological Diversity, Nagoya Protocol and the exclusive involvement of World Intellectual Property Rights Organization (WIPO) to protect genetic resources, TK and traditional cultural expressions.","PeriodicalId":218824,"journal":{"name":"ERPN: IP (Other) (Sub-Topic)","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125373226","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Contracting Over the Disclosure of Scientific Knowledge: Intellectual Property and Academic Publication 科学知识披露契约:知识产权与学术出版

ERPN: IP (Other) (Sub-Topic) Pub Date : 2013-10-01 DOI: 10.2139/ssrn.1559871

J. Gans, Fiona E. Murray, Scott Stern

引用次数: 90

A Conflict-of-Laws Approach to Competing Rationalities in International Law: The Case of Plain Packaging between IP, Trade, Investment and Health 国际法理性竞争的法冲突分析——以知识产权、贸易、投资和健康之间的平装为例

ERPN: IP (Other) (Sub-Topic) Pub Date : 2013-01-21 DOI: 10.2139/ssrn.2204980

Henning Grosse Ruse-Khan

引用次数: 3

Solving Virus Problems by Anti-Virus Developers - A TRIZ Perspective 反病毒开发人员解决病毒问题- TRIZ视角

ERPN: IP (Other) (Sub-Topic) Pub Date : 2012-01-02 DOI: 10.2139/ssrn.1978385

U. Mishra

引用次数: 13

The Influence of Intellectual Property Rights on the International Trade of Advanced Technology Products 知识产权对先进技术产品国际贸易的影响

ERPN: IP (Other) (Sub-Topic) Pub Date : 2012-01-01 DOI: 10.12778/235108618X15452373185075

Shawn Wilkinson

{"title":"The Influence of Intellectual Property Rights on the International Trade of Advanced Technology Products","authors":"Shawn Wilkinson","doi":"10.12778/235108618X15452373185075","DOIUrl":"https://doi.org/10.12778/235108618X15452373185075","url":null,"abstract":"The gravity model of international trade is based on the assumption that trade between two countries will tend to be greater as barriers between those two economies become smaller. In the traditional application of the gravity model, the physical distance between two economies, a proxy for transportation costs, represents this barrier in a very physical sense. This paper utilizes the gravity model to evaluate trade flows among a specific subset of traded goods, that of advanced technology products. The overall production costs of ATP goods include expenditures from a substantial amount of research and development, which means that transportation costs tend to represent a smaller portion of the overall production costs. Therefore, in the context of the gravity model, for ATP, the “barrier” effect of transportation costs is hypothesized to be weaker than for overall trade flows. Additionally, due to large investments in research and development of advanced technology products, low levels of intellectual property protection may serve to discourage firms from trading with countries that have comparatively loose enforcement of intellectual property protection regulations. This paper compares the application of the gravity model to exports of ATP and overall exports from the United States. The gravity model is applied to both overall US exports and US exports of ATP for the years 2007 to 2011. The gravity model is further applied to 2011 US exports of 10 ATP subcategories. Through these two approaches, this paper assesses the varying influence of transportation costs and intellectual property protections on the trade on of advanced technology products. Results indicate that higher levels of intellectual property protections in an economy are associated with greater imports of ATP from the United States, and that responsiveness to fluctuations in levels of IPR enforcement is not uniform among all categories of ATP.","PeriodicalId":218824,"journal":{"name":"ERPN: IP (Other) (Sub-Topic)","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128191520","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Introduction to Intellectual Property 知识产权概论

ERPN: IP (Other) (Sub-Topic) Pub Date : 2011-08-11 DOI: 10.2139/SSRN.1908118

M. Das

引用次数: 5

Trips-Plus Agenda Through Anti-Counterfeiting Trade Agreement: Implications for India 通过反假冒贸易协定的trips +议程:对印度的影响

ERPN: IP (Other) (Sub-Topic) Pub Date : 2011-03-20 DOI: 10.2139/SSRN.1868026

S. Agarwal

引用次数: 1