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Intellectual Property, Competition Law and Economics in Asia

Editat de R Ian McEwin
en Limba Engleză Hardback – 6 oct 2011
This book results from a conference held in Singapore in September 2009 that brought together distinguished lawyers and economists to examine the differences and similarities in the intersection between intellectual property and competition laws in Asia. The prime focus was how best to balance these laws to improve economic welfare. Countries in Asia have different levels of development and experience with intellectual property and competition laws. Japan has the longest experience and now vigorously enforces both competition and intellectual property laws. Most other countries in Asia have only recently introduced intellectual property laws (due to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement) and competition laws (sometimes due to the World Bank, International Monetary Fund or free trade agreements). It would be naïve to think that laws, even if similar on the surface, have the same goals or can be enforced similarly. Countries have differing degrees of acceptance of these laws, different economic circumstances and differing legal and political institutions. To set the scene, Judge Doug Ginsburg, Greg Sidak, David Teece and Bill Kovacic look at the intersection of intellectual property and competition laws in the United States. Next are country chapters on Asia, each jointly authored by a lawyer and an economist. The country chapters outline the institutional background to the intersection in each country, discuss the policy underpinnings (theoretically as well as describing actual policy initiatives), analyse the case law in the area, and make policy prescriptions.
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Specificații

ISBN-13: 9781849460873
ISBN-10: 1849460876
Pagini: 368
Dimensiuni: 171 x 234 x 30 mm
Greutate: 0.79 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

The prime focus of the conference was how best to balance these laws and, in doing so, improve economic welfare.Individual chapters discuss the institutional background, policy underpinnings and case law of various Asian countries.

Notă biografică

R Ian McEwin is Professor of Law, National University of Singapore, Senior Economic and Regulatory Adviser, Rajah & Tann, Singapore and Visiting Professor in the Law Faculty, Chulalongkorn University, Bangkok. He was formerly economics adviser to the Singapore Department of Trade and Industry on competition law matters, before joining the Singapore Competition Commission as its inaugural Chief Economist.

Cuprins

Part 1: Setting the Scene 1. Editor's Introduction R Ian McEwin2. A Regulator's Perspective on Getting the Balance Right William E Kovacic3. The Role of Economic Analysis in Competition Law Douglas H Ginsburg and Eric M Fraser4. Favouring Dynamic Competition over Static Competition in Antitrust Law J Gregory Sidak and David TeecePart 2: Country Chapters 5. Australia Bob Baxt and Henry Ergas6. China Michael Jacobs and Xinzhu Zhang7. India Vinod Dhall and Augustine Peter8. Indonesia Ningrum Sirait and Cento Veljanovski9. Japan H Stephen Harris, Jr and Hiroshi Ohashi10. Singapore Ashish Lall and Daryl Lim11. South Korea Sang-Seung Yi and Seong-wook Heo12. Thailand: Medicines, Competition Law and Compulsory Licensing R Ian McEwin and Sakda Thanitcul13. Vietnam: A Review of the Legal Framework and Enforcement Doan Tich Phuoc and Bui Nguyen Anh Tuan

Recenzii

...this is a useful and well thought out book that raises many important questions concerning the complex links between IPR, competition law, economics and innovation and within a wide Asian context. I would recommend it to all those who are in the aforementioned disciplines and who value the importance of an interdisciplinary approach.
This work will be useful not only to thoughtful academics, but also to practitioners and competition authorities who are trying to catch up fast with the many radical developments in Asia. Many of the contributors of the national laws and not only the editor and the five distinguished commentators from the US are leading thinkers in the field. The book is most welcome, especially now that so many consultants and major firms are setting up offices in Asia and need fundamental and accurate texts, Doubtless, a new edition will soon be required.

Descriere

This book brings together distinguished lawyers and economists to examine the differences and similarities in the intersection between intellectual property and competition laws in Asia.