Suchergebnisse

In The Global Regime for the Enforcement of Intellectual Property Rights, Xavier Seuba offers a comprehensive description of the international norms and bodies dealing with the enforcement of intellectual property rights. The book analyzes multilateral, plurilateral, and bilateral treaties, and their national implementation, along with civil, border, and criminal enforcement. The book also explores the interface between the enforcement of intellectual property rights and the norms regulating international trade, competition, and human rights, as well as the conceptual and systemic aspects of enforcement, while illustrating the importance of these rights with examples in litigation. The book should be read by anyone interested in how intellectual property rights are being enforced around the world, and how these efforts relate to other legal regimes.

Intro -- Foreword -- Contents -- Contributors -- Abbreviations -- Introduction -- References -- International Trade and Technology Transfer -- Policy Space in Intellectual Property Rights and Technology Transfer: A New Economic Research Agenda -- 1 Introduction -- 2 IPRs and Technology Transfer: A Selective Review -- 3 Deploying Policy Flexibilities -- 3.1 Economic Context: Arguments for Policy Flexibility in Technology Transfer -- 3.2 Elements of Flexibility -- 3.3 Frustrating Lack of Evidence -- 4 A Broader Research Agenda -- 4.1 Linked National Surveys -- 4.2 Quasi-exogenous Policy Experiments -- 4.3 Panel Surveys -- 5 Concluding Remarks -- References -- Legislative and Regulatory Takings of Intellectual Property: Early Stage Intervention Against a New Jurisprudential Virus -- 1 Introduction -- 2 Takings of Intellectual Property Rights -- 2.1 Takings in the Investor to State Dispute Settlement (ISDS) Context -- 2.2 The Ordinary Consequences of Changes to Legislation -- 2.3 The Constitutional Question -- 2.4 Investment Backed Expectations -- 2.5 Ruckelshaus v. Monsanto -- 2.6 Action by the Congress Versus Action by the Courts -- 3 Exhaustion and Parallel Imports -- 4 Conclusion -- References -- Intellectual Property and Technology Transfer: Why We Need a New Agenda -- 1 1948-1995 in Retrospect -- 2 From 1995 to 2017: Are We In or Out of Balance? -- 2.1 The Notion of Balance in the TRIPS Agreement -- 2.2 The Ever-Expanding World of IP in Free Trade Agreements -- 2.3 IP Expansion and Market Power: A Structuralist Perspective -- 3 IPRs and Market Concentration: Current Trends and Some Preliminary Evidence -- 4 Balancing Geopolitics with a Sustainable Technology Agenda: Some Thoughts for the Future -- References -- Intellectual Property as a Financial Contribution Under the WTO Subsidies Agreement -- 1 Introduction.