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The Future of Asian Trade Deals and IP

Editat de Kung-Chung Liu, Julien Chaisse
en Limba Engleză Paperback – 12 mai 2021
The first part of this open access book sets out to re-examine some basic principles of trade negotiation, such as choosing the right representatives to negotiate and enhancing transparency as a cure to the public's distrust against trade talks. Moreover, it analyses how the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP) might impact on the Regional Comprehensive Economic Partnership's (RCEP) IP chapter and examines the possible norm setters of Asian IP. It then focuses on the People's Republic of China's (PRC) trade and IP strategy against the backdrop of the power games between the PRC, India and the US. The second part of the book reflects on issues related to investor-state dispute settlement and its relationship with IP, such as how to re-calibrate the balance in international investment arbitration, and whether compulsory license of IP constitutes expropriation in India, the PRC and select ASEAN countries. The third part of the book questions and strives to improve some of the proposed IP provisions of CPTPP and RCEP and to redefine some aspects of international IP norms, such as: pre-grant patent opposition and experimental use exception; patent term extension; patent linkage and data exclusivity for the pharmaceutical sector; plant variety protection; pre-established damages for copyright infringement; and the restructuring of copyright limitations in the public interest.The open access edition of this book is available under a CC BY-NC-ND 3.0 licence on bloomsburycollections.com. Open access was funded by the Applied Research Centre for Intellectual Assets and the Law in Asia, School of Law, Singapore Management University.
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Specificații

ISBN-13: 9781509951949
ISBN-10: 1509951946
Pagini: 320
Dimensiuni: 156 x 234 mm
Greutate: 0.45 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Examines the interrelation and trade-off between CPTPP and RCEP, which will have great impact on Asia and its IP regimes

Notă biografică

Kung-Chung Liu is the Lee Kong Chian Professor of Law (Practice) and the Director of the Applied Research Centre for Intellectual Assets and the Law in Asia (ARCIALA) at Singapore Management University. Julien Chaisse is Professor of Law at the City University of Hong Kong and Advisory Board Member of the Asian Academy of International Law (AAIL).

Cuprins

1. Introduction: The Intersection between Intellectual Property Rights and Free Trade Agreements Kung-Chung Liu and Julien Chaisse PART IFROM TPP/CPTPP TO RCEP2. Selecting the Right Representatives to Participate in Trade Negotiations: A New Model of Multi-Stakeholder Involvement for Future Plurilateral Free Trade Agreement Negotiations Benjamin Tham3. Trade Strategies and Power Games between China, the US and India Liyu Han and Jiaxun Sun4. The Future of China's Trade Pact and Intellectual Property Rights Han-Wei Liu and Si-Wei Lu5. The RCEP Negotiations and Asian Intellectual Property Norm Setters Peter K. Yu PART IIINVESTOR-STATE ARBITRATION AND INTELLECTUAL PROPERTY6. Recalibrating the Balance in International Investment Agreements Tomoko Ishikawa7. Issuance of Compulsory Patent Licences and Expropriation in Asian BITs and FTA Investment Chapters: A Study of India, China, Malaysia and Thailand Prabhash Ranjan PART IIIIMPROVING THE IP PROVISIONS OF CPTPP/RCEP AND REDEFINING GLOBAL IP NORMS8. Will RCEP Redefine Norms Related to Pre-grant Opposition and Experimental Use Exceptions in International Patent Law? Prashant Reddy Thikkavarapu9. Patent Term Extension in the Pharmaceutical Sector: An Asian Comparative Perspective Yaojin Peng10. Mitigating the Impacts of Patent Linkage on Access to Medicine: Some Asian Experiences and Suggestions Su-Hua Lee11. Intellectual Property in Plant Material and Free Trade Agreements in Asia Christoph Antons12. Pre-established Damages for Copyright Infringement and Trademark Counterfeiting: Suggestions for CPTPP/RCEP Based on Some Asian Experiences Kung-Chung Liu and Haoran Zhang13. Liberalizing Use of the Three-Step Test and Copyright Limitations in the Public Interest Haochen Sun

Recenzii

This book is a welcome addition to the rather limited literature that looks at the CPTPP and RCEP from Asian perspectives, and it will be a useful resource for deciphering the interrelation between FTAs and IP, for IP scholars and practitioners alike.