Search results for: intellectual-property-protection-and-enforcement

China Intellectual Property Law Guide

Author : Kluwer Law International
File Size : 42.66 MB
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Written in the context of China's new intellectual property laws after WTO entry, this unique law-and-commentary guide examines the legal framework for intellectual property protection and its practical implications in the commercial world. Written for multinationals with operations in China, the book addresses the commercial realities of protecting and managing intellectual property and the practical application of Chinese intellectual property laws to business, e.g., assessing risk liabilities for all parties in the supply chain, from manufacturers to retailers, to marketing firms and importers. Among the overarching topics treated are the following: Trademarks Copyright Patents Enforcement of intellectual property rights Trade secrets Internet Technology transfer Unfair competition With key legislation, cases, and judicial interpretations and cases, China Intellectual Property Law Guide has no peers as a working reference for corporate counsel and the busy IP lawyer alike. This title forms part of the Asia Business Law Series. The Asia Business Law Series is published in cooperation with CCH Asia and provides updated and reliable practical guidelines, legislation and case law, in order to help practitioners, policy makers and scholars understand how business is conducted in the rapidly growing Asian market. This book was originally published by CCH Asia as the loose-leaf China IP Law Guide

Criminal Enforcement of Intellectual Property

Author : Christophe Geiger
File Size : 84.70 MB
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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.

STOP a progress report on protecting and enforcing intellectual property rights here and abroad hearing

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File Size : 31.84 MB
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The Enforcement of Intellectual Property Rights in China

Author : Jianqiang Nie
File Size : 37.86 MB
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Intellectual Property Rights and International Trade

Author : Shayerah Ilias
File Size : 85.17 MB
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Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.

Enforcement of Intellectual Property Rights in Dutch English and German Civil Procedure

Author : George Cumming
File Size : 42.11 MB
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EU Directive 2004/48 EC obliges Member States to seek to achieve 'partial harmonization' of the remedies, procedures and measures necessary to enforce intellectual property law. These obligations provide what may be termed a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. However, the Directive is not faring well at the Member State level. The three authors' vastly detailed, article-by-article analysis of the fortunes of Directive 2004/48 EC in three EU jurisdictions offers enormously valuable insights into the complex ways Member States respond to Community law, and in so doing provides an important addition to the ongoing inquiry into the nature of the reciprocal tensions between EU law (both judicial and legislative) and the laws of Member States. The particular investigation undertaken here reveals three paradigmatic situations: the situation in which the Directive has not been implemented at all, either because the Member State believes that its current legislation is adequate or that the wording of the Directive is such that no special legislation is required (England); the situation in which implementation has been inadequate, because either the pre-existing legislation constitutes inadequate legislation or because the specifically adopted legislation proves to be legally uncertain (The Netherlands); and the situation in which the relevant time for implementation for the Directive has elapsed and no specific legislation has been adopted (Germany). If there really is, as the European Commission contends, an 'enforcement deficit' in the protection of intellectual property rights by national rules of procedure, then the most effective remedial approach, Cummings shows, is through the principles of legal certainty, full effect, and effective judicial protection. These principles will assist the national court in interpretation of the precise meaning of the substantive obligations under the Directive. Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the author considers the conditions that must be fulfilled before an eventual claimant, who has suffered loss and damage caused by either the non-implementation or the incorrect implementation of a directive, may bring an action against the State for breach of Community law. The author presents his analyses of the implementation of the Directive in Dutch and English national procedure and his proposals for German implementation as three separate cases rather than comparatively, as any attempt to compare either the method of national implementation or the degree of adequacy or inadequacy inevitably obscures the essential particularities of each of the three national systems in relation to the Directive. Although this book will repay the study of anyone interested in European law, it will be of special value to practitioners and policymakers engaged in intellectual property law, particularly in EU Member States.

Intellectual Property Rights and Economic Development

Author : Carlos Alberto Primo Braga
File Size : 61.54 MB
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Over the course of history, different legal instruments for protecting intellectual property have emerged. These instruments differ in their subject matter, extent of protection, and field of application, reflecting society's objective to balance the interests of creators and consumers for different types of intellectual works. These legal instruments are just one of the pieces that form a national system of intellectual property protection. Also crucial to the system's overall effectiveness are the institutions administering these instruments, the mechanisms available for enforcing IPRs, and the rules regarding the treatment of non-nationals. To address some of the issues concerning IPRs, this paper defines what they are and attempts to evaluate the relationship between the protection of intellectual property and economic activity in developing countries. It also summarizes the economic effects of IPRs in terms of creation and diffusion of knowledge and information; and market structure and prices. Furthermore, it discusses the reformation of IPRs regimes and makes recommendations for their administration and enforcement. This paper consolidates some of the research from the 'World Development Report 1998/1999: Knowledge for Development' and some contributions made at an Internet-moderated conference conducted by the Bank's TechNet program. It will be of interest to governments, investors, and international organizations.

Enforcement of Intellectual Property Rights in Countries in Transition

Author : World Intellectual Property Organization
File Size : 31.17 MB
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The development of the Study reflects discussion between the public and private sector on the enforcement of IP rights in countries in transition, during a series of WIPO inter-regional meetings.

Enforcement of Intellectual Property in European and International Law

Author : Christopher Wadlow
File Size : 72.77 MB
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A guide to many tax regimes affecting pension schemes, whether approved or unapproved, and whether established within or outside the UK. Comparisons are made between pensions and other investment media, and a section traces the development of pension provision and taxation through the Finance Acts

Intellectual Property Rights in the Global Economy

Author : Keith Eugene Maskus
File Size : 83.30 MB
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Over the past 15 years, intellectual property rights (IPRs)-patents, copyrights, and trademarks-have moved from an arcane area of legal analysis and a policy backwater to the forefront of global economic policymaking. In the 1990s dozens of countries unilaterally strengthened their laws and regulations in this area, and many others are poised to do likewise. At the multilateral level, the successful conclusion of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) in the World Trade Organization elevates the protection and enforcement of IPRs to the level of solemn international commitment. The new global IPR system comes with both benefits and costs. Stronger IPRs protection should increase incentives for innovation and raise returns to international technology transfer. However, it also could raise the costs of acquiring new technology and products, shifting the global terms of trade in favor of technology producers and against technology consumers. In this context, the new regime raises international economic policy questions that evoke impassioned and exaggerated claims from both advocates and opponents of IPRs, particularly concerning sensitive issues such as patent protection of pharmaceuticals and biotechnological inventions, and copyright protection for internet transactions. In the first comprehensive economic assessment of the effects of stronger international IPRs, Keith E. Maskus examines these competing claims through an analysis of the economic effects of extended international protection and partial harmonization of IPRs. He presents findings on the potential effects of stronger global IPRs, including likely impacts on foreign direct investment, technology transfer, and pricing under enhanced market power. The results bear directly on several important policy questions, including the construction of complementary initiatives on market liberalization and competition rules, and Maskus discusses whether priority attention should be devoted to them in the upcoming next round of global trade talks.