Title Intellectual property and free trade agreements in the Asia-Pacific Region / Christoph Antons, Reto Hilty, editors

Published Berlin ; Heidelberg : Springer, [2015] ©2015

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Description 1 online resource Series MPI studies on intellectual property and competition law ; 24 MPI studies on intellectual property and competition law ; 24. Contents Preface; Contents; Introduction: IP and the Asia-Pacific ̀Spaghetti Bowl℗þ of Free Trade Agreements; 1 Forum Shifting in Intellectual Property Negotiations: From Bi-lateral Negotiations to TRIPS and Back?; 2 Intellectual Property in the ̀Spaghetti Bowl℗þ of FTAs in the Region; 3 The Structure of the Book and the Contributions in Context; References; Part I: Free Trade Agreements in the Context of WTO and International Law; An Overview of Free Trade Agreements in the Asia-Pacific Region with a Particular Focus on Intellectual Property; 1 Introduction 2 The Asia-Pacific Region as the Focus of Comparison3 The Political and Economic Background to Concluded Agreements and Negotiations in Progress; 4 Regional FTA Clusters; 5 FTAs with Low Level of IP Content; 6 A Focus on Cooperation and Collaboration; 7 Intellectual Property Chapters in Free Trade Agreements; Conclusion; References; Legal Effects and Policy Considerations for Free Trade Agreements: What Is Wrong with FTAs?; 1 Problem Outline; 2 The ̀Spaghetti Bowl Plus One℗þ: Legal Effects of Introducing Additional FTAs into the Bowl; 2.1 Unrelated Obligations or One Coherent Standard? 2.1.1 Definition of Conflict2.1.2 Presumption Against the Existence of Conflict; 2.1.3 Universal Agreements: Minimum Standards and Favourability Rules; 2.1.4 FTAs: Concurrence of Aims and NT and MFN Effects; 2.1.5 Result: One Coherent Standard Set by the ̀Spaghetti Bowl℗þ; 2.2 Excursus: The Odd Exception of Conflicting FTAs in the ̀Spaghetti Bowl℗þ and Their Legal Effects; 2.3 Conclusion on Legal Effects and Consequences for FTA Negotiations; 3 Policy Processes in FTA Negotiations: What Is Wrong with FTAs?; 3.1 Country Groups; 3.2 Interests in FTAs; 3.2.1 Group A; 3.2.2 Group B; 3.2.3 Group C 3.2.4 Group D3.3 Risks of IP-Related Trade-Offs; 4 Conclusions; 5 Some Initial Thoughts on Remedies; References; Part II: The Political Economy of Free Trade Agreements in the Asia-Pacific Region; What Drives Regionalism in East Asia-And Why It Matters; 1 Introduction; 2 Increasing Interdependence as a Driving Force for the New PTAs; 3 Have Business Interests Driven the New East Asian Regionalism?; 3.1 The State as Agent or Principal?; 4 The Consequences of the Political Domino Effect; Conclusion; References; The Topology of ASEAN FTAs, with Special Reference to IP-Related Provisions 1 Introductory Remarks2 The Challenging Backdrop and Strategic Responses; 2.1 Deep-Seated Economic Challenges and Difficulties; 2.1.1 The Changed Environment in Development and Globalization; 2.1.2 The Asian Financial Crisis and Its Aftermath; 2.1.3 The China Factor; 2.1.3.1 Rising Economic Influence; 2.1.3.2 Unrivalled Economic Gains; 2.1.3.3 Huge Import Demand; 2.2 Strategic Economic Responses and Initiatives; 2.2.1 Accelerating Regional Integration and Liberalization; 2.2.2 Building on Current Strengths and New Complementarities; 3 ASEAN FTAs with Dialogue Partners Summary This book is highly topical. The shift from the multilateral WTO negotiations to bilateral and regional Free Trade Agreements has been going on for some time, but it is bound to accelerate after the WTO Doha round of negotiations is now widely regarded as a failure. However, there is a particular regional angle to this topic as well. After concluding that further progress in the Doha round was unlikely, Pacific Rim nations recently have progressed with the negotiations of a greatly expanded Trans-Pacific Partnership Agreement that includes industrialised economies and developed countries such as the United States, Japan, Australia and New Zealand, recently emerged economies such as Singapore, but also several developing countries in Asia and Latin America such as Malaysia and Vietnam. US and EU led efforts to conclude FTAs with Asia-Pacific nations are also bound to accelerate again, after a temporary slowdown in the negotiations following the change of government in the United States and the expiry of the US President?s fast-track negotiation authority. The book will provide an assessment of these dynamics in the world?s fastest growing region. It will look at the IP chapters from a legal perspective, but also put the developments into a socio-economic and political context. Many agreements in fact are concluded because of this context rather than for purely economic reasons or to achieve progress in fields like IP law. The structure of the book follows an outline that groups countries into interest alliances according to their respective IP priorities. This ranges from the driving forces of the EU, US and Japan, via Asia-Pacific resource-rich but IP poor economies such as Australia and New Zealand, recently emerged economies with strong IP systems such as Singapore and Korea to leading developing countries such as China and India and?second tier industrializing economies? such as Thailand, Malaysia and Indonesia Analysis intellectuele eigendomsrechten intellectual property rights internationaal recht international law ruimtelijke ordening physical planning internationale economie international economy recht law Law (General) Recht (algemeen) Bibliography Includes bibliographical references Notes Print version record Subject Intellectual property -- Pacific Area Free trade -- Pacific Area LAW -- Administrative Law & Regulatory Practice. Free trade Intellectual property Asia and the Pacific. Free trade agreements. Intellectual property. Patents. Copyright law. Political economy. International economic relations. SUBJECT Pacific Area -- Commercial treaties Subject Pacific Area Genre/Form Electronic books Treaties Commercial treaties Treaties. Traités. Form Electronic book Author Antons, Christoph, editor. Hilty, Reto M., 1958- editor. ISBN 9783642308888 3642308880 9783642308895 3642308899 9783662510414 3662510413

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