Test tubes for global intellectual property issues : small market economies / Susy Frankel, Victoria University of Wellington.
2015
K1401 .F734 2015 (Map It)
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Author
Title
Test tubes for global intellectual property issues : small market economies / Susy Frankel, Victoria University of Wellington.
Published
Cambridge, United Kingdom : Cambridge University Press, 2015.
Call Number
K1401 .F734 2015
ISBN
9781107013148 (hardback)
1107013143 (hardback)
1107013143 (hardback)
Description
xv, 230 pages ; 24 cm.
System Control No.
(OCoLC)898092665
Summary
"Small market economies provide a valuable insight into how a country might balance competing interests in global intellectual property. As developed countries that are also net-importers of intellectual property, small market economies have similar concerns to some developing countries. This duality of developed and developing country interests has resulted in some innovative ways of calibrating laws so that they both support national economic and social needs and honour international commitments. In this book, Susy Frankel uses examples from the small market economies of Singapore, New Zealand and Israel to address global intellectual property issues. Those issues include approaching treaty interpretation to both assist in implementation of obligations and utilisation of flexibilities, and effective dispute resolution; the links between trade and innovation; when and how patent and copyright law can be flexible; the importance of trade marks to small businesses; parallel importing; and the protection of traditional knowledge"-- Provided by publisher.
"From both a theoretical and a practical perspective, this book is an important resource. Ever since the Agreement on Trade Related Aspects of Intellectual Property (the TRIPS Agreement) set out minimum standards of intellectual property protection for members of the World Trade Organization (WTO), considerable attention has focused on the wisdom of moving toward a system that is more deeply harmonized and that mandates the recognition of even stronger rights. For the most part, the debate centers on questions of technological development. To many, countries that are behind the technology curve gain little from strong protection, even when it is offset by market access for their own products. The products developing countries sell (raw commodities, manufactures) are priced competitively and therefore earn rather scant returns, while the "knowledge products" developing countries must buy (pharmaceuticals, manufacturing equipment, educational materials) are patented, copyrighted, and trademarked - and priced well above marginal cost. International obligations to impose high standards of intellectual property protection can therefore cause considerable injustice, for these rights siphon funds from poor countries to rich ones"-- Provided by publisher.
"From both a theoretical and a practical perspective, this book is an important resource. Ever since the Agreement on Trade Related Aspects of Intellectual Property (the TRIPS Agreement) set out minimum standards of intellectual property protection for members of the World Trade Organization (WTO), considerable attention has focused on the wisdom of moving toward a system that is more deeply harmonized and that mandates the recognition of even stronger rights. For the most part, the debate centers on questions of technological development. To many, countries that are behind the technology curve gain little from strong protection, even when it is offset by market access for their own products. The products developing countries sell (raw commodities, manufactures) are priced competitively and therefore earn rather scant returns, while the "knowledge products" developing countries must buy (pharmaceuticals, manufacturing equipment, educational materials) are patented, copyrighted, and trademarked - and priced well above marginal cost. International obligations to impose high standards of intellectual property protection can therefore cause considerable injustice, for these rights siphon funds from poor countries to rich ones"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Foreword / Rochelle Cooper Dreyfuss
ix
Preface
xiii
List of abbreviations
xv
1.
unique position of small market economies
1
2.
Trading in intellectual property: the TRIPS Agreement and free trade agreements
19
3.
Interpretation of international intellectual property agreements
43
4.
Intellectual property and the nexus with innovation and cultural policies
68
5.
Flexing patent law
92
6.
Approaches to copyright
117
7.
Trade mark law
143
8.
Why small market economies do and don't parallel import
159
9.
insight into protecting traditional knowledge and innovation
185
10.
Overview: what the international community can learn from the small market economy experience
207
Index
214