scholarly journals Impact of Sino-US Trade Agreement on Chinese Legal System about Intellectual Property Rights

2020 ◽  
Vol 4 (2) ◽  
pp. 16
Author(s):  
Liu Ting
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal System ◽  
Trade Agreement ◽  
The United States ◽  
Wide Field ◽  
The Government ◽  
Future Revision ◽  
The Impact

On January 15, 2020, the representatives of Sino-US trade signed Phase I Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America in Washington, which symbolizes the temporary settlement of two-year Sino-US trade war in relatively peaceful method and lays a good foundation in mutual trust for subsequent Phase II negotiation. This Agreement includes eight chapters involving Sino-US economic and trade and is called the model of the international bilateral agreement by virtue of its wide field and rigorous details. The impact of clauses about intellectual property rights on China’s current legal system and the future revision direction of China’s relevant laws for conformance with the Agreement will be discussed emphatically so that the author can rapidly understand the impact and significance of Sino-US trade agreement to Chinese law.

Intellectual Property Protection for Biologics: Why the Trans-Pacific Partnership (TPP) Trade Agreement Fails to Deliver

2016 ◽  
Vol 22 (1) ◽  
Author(s):  
Kristina M Lybecker
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Research And Development ◽  
Intellectual Property Rights ◽  
Trade Agreement ◽  
The United States ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Data Exclusivity ◽  
Property Rights Protection

Biopharmaceutical research and development is overwhelmingly focused in the U.S. becasue here it is incentivized and encouraged through a robust intellectual property rights protection environment.  Across the board, the United States provides the most comprehensive, effective intellectual property rights protections for biopharmaceuticals.  As a result, the industry locates here, researches here, and thrives here.  With an acknowledgement of the importance of intellectual property rights as well as the wider benefits of biopharmaceutical research and development, it's tremendously disappointing that the recently negotiated Trans-Pacific Partnership (TPP) Trade Agreement fails to deliver sufficient IP protections for biologics.  This article explores the importance of a rigorous intellectual property environemtn for the biopharmaceutical industry through an examination of the importance of data exclusivity provisions.  Such protection is critical as the number, complexity and cost of clinical trials increases.  Technology inevitably evolves faster than the legal architecture that surrounds it.  As technology evolves, making the development of new biologic vaccines and therapies possible, society's commitment to incentivize innovation and protect it must be enshrined in the intellectual property protections of agreements such as the TPP.

scholarly journals Seed Industry in India: Issues Arising from GATT

1995 ◽  
Vol 20 (4) ◽  
pp. 21-41
Author(s):  
Rakesh Basant
Keyword(s):  
Economic Policy ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Current Debate ◽  
New Economic Policy ◽  
Seed Industry ◽  
The Government ◽  
The Impact

Any analysis of the Intellectual Property Rights relating to the seed industry in India needs to take cognizance of three interrelated issues: (a) that the current debate on IPR is part of a larger debate on issues relating to GATT; (b) that the options on IPR are intricately linked to the New Economic Policy and the accompanying liberalization process; and (c) that the IPR relating to plant varieties need to be seen in a broader framework of the seed policy pursued by the government. In this background, this paper by Rakesh Basant reviews the available literature and data to explore the impact of IPR on the seed industry in India.

scholarly journals Join the Club: The Implications of the Anti-Counterfeiting Trade Agreement's Enforcement Measures for Canadian Copyright Law

2012 ◽  
Vol 49 (3) ◽  
pp. 677 ◽  
Author(s):  
Elizabeth F. Judge ◽  
Saleh Al-Sharieh
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Agreement ◽  
Copyright Law ◽  
Final Outcome ◽  
International Agreement ◽  
Digital Copyright ◽  
The Impact ◽  
Final Text

The Anti-Counterfeiting Trade Agreement (ACTA) is the most recent international agreement by which Canada and other countries have sought to strengthen the protection and enforcement of intellectual property rights. While it was originally feared that ACTA would impose obligations that are in tension with the principles of Canadian copyright law, the final outcome of the ACTA negotiations moderated or removed many of the most controversial provisions in the agreement and thus has alleviated many of the concerns about the impact of ACTA on Canadian copyright law. Canada has taken the first steps toward satisfying ACTA’s copyright obligations with Bill C-11, the Copyright Modernization Act, which addresses some of the agreement’s digital copyright measures. Some legislative change still remains before Canada will have fully met ACTA’s copyright obligations, in particular to enhance the powers of customs and border authorities to enforce intellectual property rights. This article discusses ACTA’s evolution, negotiations, final text, and the extent of its rightsholder orientation. It then details the differences between ACTA’s provisions and the current Canadian Copyright Act, as amended by the Copyright Modernization Act, identifies which obligations in ACTA require further amendment, and suggests how these obligations may best be implemented to reflect important values and principles underlying Canadian copyright law.

scholarly journals Free Trade Agreements With The United States: 8 Lessons For Prospective Parties From Australia’s Experience

2016 ◽  
Vol 5 (2) ◽  
pp. 395-418 ◽  
Author(s):  
Stephen R. Tully
Keyword(s):  
United States ◽  
Intellectual Property ◽  
Property Rights ◽  
Free Trade ◽  
Intellectual Property Rights ◽  
Free Trade Agreement ◽  
Free Trade Agreements ◽  
Trade Agreement ◽  
Trade Agreements ◽  
The United States

Abstract This article identifies 8 key lessons for those States contemplating a free trade agreement with the United States (U.S.) arising from Australia’s experience. The standards of intellectual property protection under the Australia-U.S. Free Trade Agreement and their impact on pharmaceutical prices in Australia are a particular focus. Prospective parties must first conduct a national interest self-assessment which reviews the desired strength of intellectual property protection under national law and their preference for using flexibilities available to them under the existing international intellectual property rights framework. The United States negotiates free trade agreements in light of previous ones, negotiating outcomes obtained in other fora and the decisions of international trade tribunals. Negotiations typically occur behind closed doors, which is a process having adverse implications for transparent decision-making, public consultation periods and contributions from interested non-governmental actors. A concluded agreement will build on prior treaties and influence the course of future international arrangements. But the impact of a United States free trade agreement is not always clear, including because of a lack of reliable data, and the extent of national legal change is a contested issue given existing reform agendas and external influences. The United States seek to redesign national health care systems in its own image and had little success in Australia’s case. National legal systems need not be harmonised: although there can be some convergence in intellectual property rights regimes, significant differences may also remain. Negotiators must reconcile competing cultures, philosophies and perspectives between States for a free trade agreement to be worthwhile.

scholarly journals Localization Investment and Opportunities for Legalization of Parallel Import in Russia

2019 ◽  
Vol 14 (1) ◽  
pp. 54-75
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Capital Investment ◽  
Significant Proportion ◽  
Capital Investments ◽  
Parallel Import ◽  
The Government ◽  
Production Capacities ◽  
The Impact

In this paper, we present an analysis of foreign trademark-owning companies’ capital investment in localization in the territory of Russia under the conditions of national (regional) exhaustion of intellectual property rights. The purpose of this research is to estimate the impact of the choice of the regime of right exhaustion on the decision on localization in Russia, as well as the structure of production assets of trademark owners in Russia. Data for analysis contains trademark owners’ production capacities and investments in the territory of Russia for the period from 1991 to 2016. We present an estimate of the volume of trademark owners’ localization on the territory of Russia by sector, territory and time of capital investments. The paper shows that investments in production by trademark owners are not correlated to the ban on parallel import and are more likely explained by other factors than the introduction of national exhaustion of intellectual property rights. Also, upon comparison of data on the volumes of localization of trademark owners and import statistics for protected trademarks, it was revealed that a significant proportion of trademark owners, which gain a benefit from the ban of parallel import, did not invest in production in Russia. The research results are useful for the government intellectual property policy, especially, in deciding on parallel import legalization and developing measures for the transition to international exhaustion of intellectual property rights.

PERLINDUNGAN HAK KEKAYAAN INTELEKTUAL TERHADAP INDUSTRI KREATIF DALAM MENINGKATKAN INDUSTRI PARIWISATA BERBASIS BUDAYA LOKAL

2019 ◽  
Vol 3 (1) ◽  
pp. 88
Author(s):  
Ganefi Ganefi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Public Awareness ◽  
Creative Industry ◽  
Registration Process ◽  
State Revenue ◽  
Strategic Role ◽  
Long Time ◽  
The Government

AbstractThe creative industry as one of the pillars of the future economy has a very strategic role in overcoming the problems faced by the community along with the government, especially in the field of employment, business fields, and as a source of state revenue (GDP). Therefore, creative industry entrepreneurs must be protected by their intellectual rights so that all copyrighted works are legally protected by their existence and not arbitrarily anyone can steal, trade, multiply without the permission of the owner. However apparently only 17% of the 16.7 million creative industry players registered the results of their creativity. This shows that the protection of Intellectual Property Rights towards the creative industry is still very weak due to several factors, namely; Lack of public awareness / creative industry players to register their creativity businesses; Lack / lack of understanding of the community / industry players regarding the protection of Intellectual Property Rights (IPR); The presumption of some people / creative industry players for the management of registration of Intellectual Property Rights requires quite a large fee; The registration process takes a long time and is complicated. AbstrakIndustri kreatif sebagai salah satu pilar ekonomi masa depan memiliki peran yang sangat strategis dalam mengatasi masalah-masalah yang dihadapi oleh masyarakat bersama pemerintah, terutama di bidang ketenagakerjaan, bidang usaha, dan sebagai sumber penerimaan negara (PDB) . Oleh karena itu, pengusaha industri kreatif harus dilindungi oleh hak intelektual mereka sehingga semua karya cipta dilindungi secara hukum oleh keberadaan mereka dan tidak sewenang-wenang siapa pun dapat mencuri, berdagang, berkembang biak tanpa izin dari pemiliknya. Namun ternyata hanya 17% dari 16,7 juta pelaku industri kreatif yang mendaftarkan hasil kreativitas mereka. Ini menunjukkan bahwa perlindungan Hak Kekayaan Intelektual terhadap industri kreatif masih sangat lemah karena beberapa faktor, yaitu; Kurangnya kesadaran publik / pelaku industri kreatif untuk mendaftarkan bisnis kreativitas mereka; Kurangnya / kurangnya pemahaman tentang komunitas / pemain industri mengenai perlindungan Hak Kekayaan Intelektual (HKI); Anggapan sebagian orang / pelaku industri kreatif untuk pengelolaan pendaftaran Hak Kekayaan Intelektual membutuhkan biaya yang cukup besar; Proses pendaftaran memakan waktu lama dan rumit.

Protecting User Interfaces

2017 ◽  
Author(s):  
Noam Shemtov
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
User Interfaces ◽  
Patent Protection ◽  
The United States ◽  
Graphical User Interfaces ◽  
Unfair Competition ◽  
European Patent ◽  
Intellectual Property Rights Protection

This chapter examines the scope of protection to which graphical user interfaces may be eligible under various intellectual property rights: namely, trade marks, unfair-competition laws, design rights, copyright, and patents. It first considers the extent of copyright protection over a software product’s ‘look-and-feel’ elements, with particular emphasis on graphical user interfaces protection under US and EU laws. It then discusses trade-mark, trade-dress, and unfair-competition protection for graphical user interfaces, along with intellectual property rights protection for design patents and registered designs. Finally, it describes the patent protection for graphical user interfaces in the United States and at the European Patent Office.

Islamic Finance as a Vehicle to Promote Improved Intellectual Property Rights in the Gulf Cooperation Council

2020 ◽  
Vol 13 (2) ◽  
pp. 407-442
Author(s):  
Nadia Naim
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Integrated Approach ◽  
Gulf Cooperation Council ◽  
Intellectual Property Protection ◽  
Islamic Finance ◽  
Growth Sector ◽  
The Individual ◽  
The Impact

AbstractThe purpose of this article is to assess how Islamic finance can act as a vehicle to enhance the current intellectual property rights regime in the Gulf Cooperation Council (GCC). Islamic finance has developed within the constraints of sharia law and has been a growth sector for the GCC. This article will identify the main principles of Islamic finance that contribute to the success of Islamic finance, which can enhance intellectual property protection in the GCC. The main sharia-compliant areas to be considered are musharaka, mudaraba, murabaha, takaful, istisna, ijara, salam and sukuk. The article will outline the founding principles of Islamic finance, the governance of sharia boards, development of Islamic finance in the individual GCC states, different frameworks of sharia-compliant investment products and the impact of intellectual property rights on the varying Islamic finance investment tools. Furthermore, the article will discuss an integrated approach to intellectual property rights which learns lessons from the Islamic finance sector in relation to infrastructure, regulation and sharia compliance. The lessons learnt from Islamic finance will inform the overall framework of recommendations for an Islamic intellectual property model. The use of Islamic finance as a vehicle to promote better intellectual property rights in terms of defining a new intellectual property approach is novel. It is aimed at spearheading further research in this area, and it will form a part of the overall integrated approach proposals to intellectual property protection in the GCC and beyond.

Foreign Direct Investment, Intellectual Property Rights, and Productivity Growth

2014 ◽  
Vol 05 (03) ◽  
pp. 1440009
Author(s):  
Sasatra Sudsawasd ◽  
Santi Chaisrisawatsuk
Keyword(s):  
Foreign Direct Investment ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Productivity Growth ◽  
Direct Investment ◽  
Developed Countries ◽  
Outward Fdi ◽  
The Impact ◽  
Ipr Protection

Using panel data for 57 countries over the period of 1995–2012, this paper investigates the impact of intellectual property rights (IPR) processes on productivity growth. The IPR processes are decomposed into three stages — innovation process, commercialization process, and protection process. The paper finds that better IPR protection is directly associated with productivity improvements only in developed economies. In addition, the contribution of IPR processes on growth through foreign direct investment (FDI) appears to be quite limited. Only inward FDI in developed countries which creates better innovative capability leads to higher growth. In connection with outward FDI, only the increase in IPR protection and commercialization are proven to improve productivity in the case of developing countries, particularly when the country acts as the investing country.

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