Issues and strategies of China IP protection after the TRIPS Agreement

2014 ◽  
pp. 39-71
Author(s):  
Lifang Dong
Keyword(s):  
Trips Agreement ◽  
Ip Protection

Trips and Later Inter-Se Agreements

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Conflict Resolution ◽  
Intellectual Property ◽  
Property Rights ◽  
Free Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Trips Agreement ◽  
Ip Protection

This chapter focusses on how ‘Free Trade Agreements’ (FTAs) fit within the existing multilateral framework, primarily with the Trade Related Aspects of International Property Rights (TRIPS) Agreement which most FTAs take as basis and benchmark from which the contracting parties modify rules among another (inter-se). In this context, the most prominent issue is the effect the continuous strengthening of the standards of intellectual property (IP) protection and enforcement has on the optional provisions and flexibilities of the TRIPS Agreement. The chapter examines whether and how the TRIPS addresses such further increases in protection and enforcement. It also looks at conflict clauses in FTAs and how they perceive their relation with the multilateral IP rules, especially the TRIPS Agreement. The principal question here is whether rule-relations within the international IP system are still primarily determined by harmonious interpretation — or if conflict resolution rather functions by choosing one rule over another.

Conflict Rules and Integration Principles in the International IP System

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
International Law ◽  
Trips Agreement ◽  
International Norms ◽  
Step Test ◽  
Ip Protection ◽  
System P ◽  
Rules And Principles

This chapter first looks at the (few) formal conflict rules in the international intellectual property (IP) system. It focusses on those found in the Trade Related Aspects of International Property Rights (TRIPS) Agreement. It then assesses those rules and principles that are not about directly allowing other international norms to prevail, but rather indirectly allow states implementing IP treaties and adjudicative bodies interpreting them to take into account external norms and the interests and objectives they protect. Next, the chapter provides an overview of three different areas where the international IP system has either provided specific responses to its intersections with other areas of international law, or where such a response is under negotiation in international IP fora. Finally, this chapter turns to the main horizontal tool in TRIPS and other IP treaties that allows states to take into account other interests and objectives that coincide or conflict with IP protection: the so called ‘three-step-test’.

A Silicon Debugging Methodology on Customer Prototype for Wafer Foundries

2012 ◽  
Author(s):  
Mai Zhihong ◽  
Ng Tsu Hau ◽  
Dawood M. Khalid ◽  
Tan Pik Kee ◽  
Jeffrey Lam
Keyword(s):  
Case Studies ◽  
Semiconductor Industry ◽  
Full Information ◽  
Limited Information ◽  
Ip Protection ◽  
First Case ◽  
Silicon Debugging ◽  
Failure Location ◽  
Device Chip ◽  
Latch Up

Abstract IP protection is of major importance for a semiconductor company and only limited information is made available for device debugging for the product outsourced to a foundry. In order to position ourselves better in the ever competitive semiconductor industry, with the consideration of IP protection, we have to provide the customers with the Si debugging capability and device/chip verification services in foundry. This paper explores the Si debugging methodology and technique in a foundry. Two case studies are presented and discussed. The first case illustrates the isolation of the failure location by InGaAs microscopy, upon which the failure was identified to be caused by a latch-up issue. In the second case, due to confidentiality considerations from the customer, full information could not be provided to the foundry for silicon debugging. The paper illustrates the ability to effectively debug a failure despite being constrained by limited information from the customer.

The Influence of TRIPS Compliant Patent Laws on Indian Pharmaceutical Industry

2014 ◽  
Vol 4 (1) ◽  
Author(s):  
Rupesh Rastogi ◽  
Virendra Kumar
Keyword(s):  
Pharmaceutical Industry ◽  
Patent Protection ◽  
Uruguay Round ◽  
Pharmaceutical Products ◽  
Trips Agreement ◽  
Patent Law ◽  
Patent Laws ◽  
The Impact ◽  
First Time ◽  
Indian Pharmaceutical Industry

The first legislation in India relating to patents was the Act VI of 1856. The Indian Patents and Design Act, 1911 (Act II of 1911) replaced all the previous Acts. The Act brought patent administration under the management of Controller of Patents for the first time. After Independence, it was felt that the Indian Patents & Designs Act, 1911 was not fulfilling its objective. Various comities were constituted to recommend, framing a patent law which can fulfill the requirement of Indian Industry and people. The Indian Patent Act of 1970 was enacted to achieve the above objectives. The major provisions of the act, provided for process, not the product patents in food, medicines, chemicals with a term of 14 years and 5-7 for chemicals and drugs. The Act enabled Indian citizens to access cheapest medicines in the world and paved a way for exponential growth of Indian Pharmaceutical Industry. TRIPS agreement, which is one of the important results of the Uruguay Round, mandated strong patent protection, especially for pharmaceutical products, thereby allowing the patenting of NCEs, compounds and processes. India is thereby required to meet the minimum standards under the TRIPS Agreement in relation to patents and the pharmaceutical industry. India’s patent legislation must now include provisions for availability of patents for both pharmaceutical products and processes inventions. The present paper examines the impact of change in Indian Patent law on Pharmaceutical Industry.

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