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Intellectual Property in Global Governance

Intellectual Property in Global Governance Author Chidi Oguamanam
ISBN-10 9781136659478
Release 2013-03-01
Pages 280
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Intellectual Property in Global Governance critically examines the evolution of international intellectual property law-making from the build up to the TRIPS Agreement, through the TRIPS and post-TRIPS era. The book focuses on a number of thematic intellectual property issue linkages, exploring the formal and informal institutional interactions and multi-stakeholder holder intrigues implicated in the global governance of intellectual property. Using examples from bio-technology, bio-diversity, bio-prospecting and bio-piracy it investigates the shift or concentration in the focus of innovation from physical to life sciences and the ensuing changes in international intellectual property law making and their implications for intellectual property jurisprudence. It examines the character of the reception, resistance and various nuanced reactions to the changes brought about by the TRIPS Agreement, exploring the various institutional sites and patterns of such responses, as well as the escalation in the issue-linkages associated with the concept and impact of intellectual property law. Drawing upon multiple methodological approaches including law and legal theory; regime theory, globalization and global governance Chidi Oguamanam explores the intellectual property dynamics in the "Global Knowledge Economy" focusing on digitization and information revolution phenomenon and the concept of a post-industrial society. The book articulates an agenda for global governance of intellectual property law in the 21st century and speculates on the future of intellectual property in North-South relations.



Globalising Intellectual Property Rights

Globalising Intellectual Property Rights Author Duncan Matthews
ISBN-10 9781134594962
Release 2003-09-02
Pages 216
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In Globalising Intellectual Property Rights, Matthews looks at various aspects of the TRIPS Agreement: agenda-setting, legal interpretation, implementation, enforcement and revision - from the viewpoint of global business interests and developing countries. It is argued that the Agreement was largely the result of an initiative by multinational companies who sought to protect their own intellectual property through international law, and, furthermore, that it is these multinational companies who are now its main guardians. The book concludes that the history of the TRIPS Agreement and the role of business is a clear example of governance by non-state actors on a global scale. This book will be of interest to students and researchers in the fields of international relations, intellectual property law, international economic law and development studies.



Informal Norms in Global Governance

Informal Norms in Global Governance Author Wolfgang Hein
ISBN-10 9781317116899
Release 2016-05-23
Pages 264
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Hein and Moon take up a serious problem of contemporary global governance: what can be done when international trade rules prevent the realization of basic human rights? Starting in the 1990s, intellectual property obligations in trade agreements required many developing countries to begin granting medicines patents, which often rendered lifesaving drugs unaffordable. At stake was the question of what priority would be given to health-particularly of some of the world’s poorest people-and what priority to economic interests, particularly those of the most powerful states and firms. This book recounts the remarkable story of the access to medicines movement. The authors offer an explanation for how the informal, but powerful norm that every person should have access to essential medicines emerged after a decade of heated political contestation and against long odds. They also explore the stability and scope of the norm. Finally, the book examines the limitations of informal norms for protecting human rights, and when renewed focus on changing formal norms is warranted.



Well Known Trade Marks

Well Known Trade Marks Author Hiroko Onishi
ISBN-10 9781136027925
Release 2015-06-26
Pages 296
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This book considers the effectiveness of well-known trade mark protection at an international level. It particularly considers EU trade mark law from Japanese perspectives, and provides a practical and critical overview of trade mark law in Japan, including the historical development of the law and the recent development on cases and policy. The book includes detailed coverage of the Japanese Unfair Competition Prevention Act, and contains the first systematic analysis of Japanese jurisprudence and legislative amendments of law in relation to well-known trade marks and unfair competition. The book goes on to comparatively analyse Japanese trade mark law alongside that of the European Community Trade Mark system. The book critically considers the difficulties in comprehensively defining a ‘well-known trade mark’ in the relevant international trade mark instruments. In breaking down the traditional definition of the ‘well-known trade mark’, the book works to address existing theoretical ambiguities in the application of trade mark law.



The SAGE Handbook of Intellectual Property

The SAGE Handbook of Intellectual Property Author Matthew David
ISBN-10 9781473909021
Release 2014-11-18
Pages 840
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This Handbook brings together scholars from around the world in addressing the global significance of, controversies over and alternatives to intellectual property (IP) today. It brings together over fifty of the leading authors in this field across the spectrum of academic disciplines, from law, economics, geography, sociology, politics and anthropology. This volume addresses the full spectrum of IP issues including copyright, patent, trademarks and trade secrets, as well as parallel rights and novel applications. In addition to addressing the role of IP in an increasingly information based and globalized economy and culture, it also challenges the utility and viability of IP today and addresses a range of alternative futures.



The Global Governance of Genetic Resources

The Global Governance of Genetic Resources Author Florian Rabitz
ISBN-10 9781351984706
Release 2017-04-28
Pages 196
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Multi-institutional governance architectures are increasingly common in world politics, yet how do they evolve over time? This book develops a fresh conceptual approach by distinguishing two main types of institutional change and by proposing the strategic context within which governments make decisions regarding international cooperation as the main driving factor. Applying this theoretical framework to the case of genetic resources, it shows how the scope for change has persistently been circumscribed by asymmetries in the global biotechnology sector. Taking a broad view of the underlying technological, legal and economic factors, the book analyzes the formation of international regimes linking access to genetic resources to the fair and equitable sharing of the benefits arising out of their utilization. Covering negotiations in the areas of seeds, intellectual property rights, pandemic influenza viruses and marine genetic resources, the author shows how governments have persistently faced the problem of ensuring cooperation among actors with widely differing interests. This led them to opt for a strategy of institutional layering, whereby new international instruments are gradually built upon pre-existing ones. In addition to giving a comprehensive overview of the international governance of Access and Benefit-sharing within the wider context of modern biotechnology, the argument developed here enables a new perspective for studying institutional change in multi-institutional governance architectures.



Business and Global Governance

Business and Global Governance Author Morten Ougaard
ISBN-10 9781136961137
Release 2012-09-10
Pages 288
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Over the past two decades, the role of business in global governance has become increasingly topical. Transnational business associations are progressively more visible in international policy debates and in intergovernmental institutions, and there is a heightened attention given to global policy-making in national and international business communities. This text examines and explains the multiple modes of engagement between business and global governance; it presents a variety of theoretical approaches which can be used to analyse them, along with empirical illustrations. Featuring a range of leading US and European scholars, it is divided into three parts that summarize different modes of engagement. Each section is illustrated by two or three studies that represent a distinct theoretical take on the issue with empirical illustrations. The book examines: Business as master and purpose of global governance Business as subject and opponent to global governance Business as partner and facilitator of global governance This book will be of interest to students and scholars of Business Studies, International Relations, International Politics and International Political Economy, as well as for practitioners – in the public and private sector.



Intellectual Property Finance and Corporate Governance

Intellectual Property  Finance and Corporate Governance Author Janice Denoncourt
ISBN-10 1138186252
Release 2018-04-13
Pages 308
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IP law has evolved from being a little pool to a big ocean. Corporate governance needs to respond to society¿s rising expectations of directors and boards as the impact of the global intellectual property ecosystem is felt. How can a responsible corporate culture of IP transparency be stimulated to create a rosy future to connect corporate communication with the desires of shareholders, investors and other stakeholders? The astonishing lack of material quantitative and qualitative information companies report about their IP assets makes it difficult for shareholders and other stakeholders to assess directors¿ stewardship of those assets ¿ a pressing corporate governance issue in the 21st century. This book advances IP reporting in alignment with the key corporate governance principles of transparency and disclosure. It analyses the juncture between the IP ecosystem; corporate finance and accounting for intangibles; and corporate governance. Patents, mini-case studies and an original business triage style model for assessing IP disclosures are used to illustrate the gaps corporate governance theory needs to address. Focussing on the common law tradition of corporate governance in England and Wales, intangibles and IP reporting developments in other jurisdictions are also explored.



The Implementation Game

The Implementation Game Author Carolyn Deere
ISBN-10 9780199550616
Release 2009
Pages 409
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This is first book-length study of the politics surrounding the implementation of the WTO's Agreement on Trade Related Intellectual Property Rights (TRIPS), a controversial agreement administered by the World Trade Organization.



Intellectual Property Traditional Knowledge and Cultural Property Protection

Intellectual Property  Traditional Knowledge and Cultural Property Protection Author Sharon B. Le Gall
ISBN-10 9781136026645
Release 2014-01-10
Pages 208
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International developments since the mid-1990s have signalled an awareness of the importance and validity of traditional knowledge and cultural property. The adoption of the Convention on Biological Diversity, and the establishment of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore demonstrate an emerging trend towards the recognition of the rights of communities and the importance of culture in shaping international law and policy. This book examines how developments to protect collectively held knowledge transpose to circumstances which may not meet the usually understood criteria of what is considered to be an indigenous or traditional group. This includes communally derived cultural products which have emerged out of communities and subsequently formed a part of the national or popular culture. The book considers the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón of Peru as key cases studies of this. By exploring the impact of past and recent international developments to protect traditional knowledge, Sharon Le Gall highlights a category of cultural signifiers which lies outside the scope of intellectual property protection, as well as the protection proposed for traditional knowledge and advocated for intangible cultural property. The book proposes a reinterpretation of Joseph Raz’s interest theory of group rights in order to accommodate the rights advocated for collectively derived cultural signifiers on the basis of their value as symbols of identity. In doing so, Le Gall offers an original account of how those signifiers, which may not be described as exclusively ‘traditional’ or ‘indigenous’ and held in ways which are not ‘traditional’ or ‘customary’, may be accommodated in emerging traditional knowledge laws.



Intellectual Liberty

Intellectual Liberty Author Dr Hugh Breakey
ISBN-10 9781409472629
Release 2012-12-28
Pages 186
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Considering the steady increase in intellectual property rights in the last century, does it make sense to speak of ‘user’s rights’ and can limitations on intellectual liberty be justified from a rights-based perspective? This book philosophically defends the importance of the public domain and user’s rights through the use of natural-rights thought. Utilizing primarily the work of John Locke, it contends that considerations of natural justice and human freedom impose powerful constraints on the proper reach and substance of intellectual property rights, especially copyright. It investigates both the internal and external natural-rights constraints on intellectual property, and argues in particular for the importance to human freedom of the right to intellectual liberty - the right to inform one’s actions by learning about the world. It concludes that respect for fundamental freedom-based interests require a balanced approach to the scope, strength and duration of intellectual property rights.



The End of Ownership

The End of Ownership Author Aaron Perzanowski
ISBN-10 9780262035019
Release 2016-11-04
Pages 264
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An argument for retaining the notion of personal property in the products we "buy" in the digital marketplace.



World Intellectual Property Organization WIPO

World Intellectual Property Organization  WIPO Author Christopher May
ISBN-10 9781134246502
Release 2006-11-06
Pages 152
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Covering the World Intellectual Property Organization, this volume introduces a much ignored element of the contemporary structure of global governance to scholars of international political economy. Christopher May discusses: how the World Intellectual Property Organization works, its antecedents and history the debates about the role and justification of intellectual property the role of WIPO within contemporary global politics the key elements of its relations with the World Trade Organization the Agreement on Trade Related Aspects of Intellectual Property Rights. The analysis then examines the recent political economy of the organization and argues that far from being the neutral or technical agency that it often presents itself as, the WIPO is highly politicized and acts to socialize policy makers and civil servants into a specific view of intellectual property. However, the recent proposal to establish a Development Agenda at the WIPO is an important development, and the book concludes by examining the problems which have promoted this agenda, suggesting that these reforms of the WIPO should be welcomed. The World Intellectual Property Organization is a clear and accessible volume that will confirm the WIPO as one of the global institutions which any student of global governance must understand.



Intellectual Property Rights Trade and Biodiversity

Intellectual Property Rights Trade and Biodiversity Author Graham Dutfield
ISBN-10 9781136533556
Release 2000-03-01
Pages 240
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This text examines the international agreements governing trade in genetic resources - crucial resources for world agriculture, food security and large industries such as pharmaceuticals. Intellectual Property Rights (IPRs) in these resources are critical for those involved in the trade, including industry and developing countries. The book analyzes the Convention on Biological Diversity (CBD), World Trade Organization agreements and other agreements. It explains how they can be integrated into an equitable training regime.



The Global Political Economy of Intellectual Property Rights 2nd Ed

The Global Political Economy of Intellectual Property Rights  2nd Ed Author Christopher May
ISBN-10 9781135258184
Release 2015-04-10
Pages 192
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The first edition established itself as one of the leading books to situate the issue of intellectual property within the discipline of International Political Economy (IPE). Since its publication, intellectual property has continued to rise up the global agenda, reflecting expanding interest in the area among policy-makers and advocacy groups, linked to the increasingly fraught politics of the global governance of IPRs. Significantly revised and updated to take account of developments within the World Trade Organization and the World Intellectual Property Organization, this edition incorporates the author’s recent research on IPRs. It retains the theoretical and analytical elements of the first edition, whilst offering students and researchers a detailed analysis of how intellectual property is politically constructed, and how it is linked to the economics of knowledge and information in the contemporary global political economy. Rapidly-developing issues addressed in the work include: arguments around the implementation of the Agreement on Trade Related Aspects of IPRs (TRIPs) the WIPO Development agenda and the ‘resistance’ to socialization programmes the AIDS crisis and the pharmaceutical industry Digital Rights Management This book will be of interest to students and researchers of international political economy, international relations and intellectual property law.



Development Sexual Rights and Global Governance

Development  Sexual Rights and Global Governance Author Amy Lind
ISBN-10 9781135244606
Release 2010-01-04
Pages 240
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This book addresses how sexual practices and identities are imagined and regulated through development discourses and within institutions of global governance. The underlying premise of this volume is that the global development industry plays a central role in constructing people’s sexual lives, access to citizenship, and struggles for livelihood. Despite the industry’s persistent insistence on viewing sexuality as basically outside the realm of economic modernization and anti-poverty programs, this volume brings to the fore heterosexual bias within macroeconomic and human rights development frameworks. The work fills an important gap in understanding how people’s intimate lives are governed through heteronormative policies which typically assume that the family is based on blood or property ties rather than on alternative forms of kinship. By placing heteronormativity at the center of analysis, this anthology thus provides a much-needed discussion about the development industry’s role in pathologizing sexual deviance yet also, more recently, in helping make visible a sexual rights agenda. Providing insights valuable to a range of disciplines, this book will be of particular interest to students and scholars of Development Studies, Gender Studies, and International Relations. It will also be highly relevant to development practitioners and international human rights advocates.



Emerging Markets and the World Patent Order

Emerging Markets and the World Patent Order Author Frederick M. Abbott
ISBN-10 9781783471256
Release 2013-12-27
Pages 448
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The patent has emerged as a dominant force in 21st century economic policy. This book examines the impact of the BRICS and other emerging economies on the global patent framework and charts the phenomenal rise in the number of patents in some of these cou