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This book focuses on a new generation of bilateral and regional agreements negotiated by the EU with developing countries and which include intellectual property (IP) provisions setting standards exceeding those of the TRIPS Agreement. The contributions critically analyse the IP standards found in these agreements; their potential for reforming the international IP system; the implications for the multilateral IP system and other areas of international law such as human rights; and the often neglected topic of implementing the IP obligations in these agreements.
Book Synopsis EU Bilateral Trade Agreements and Intellectual Property: For Better or Worse? by : Josef Drexl
Download or read book EU Bilateral Trade Agreements and Intellectual Property: For Better or Worse? written by Josef Drexl and published by Springer Science & Business Media. This book was released on 2013-11-19 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on a new generation of bilateral and regional agreements negotiated by the EU with developing countries and which include intellectual property (IP) provisions setting standards exceeding those of the TRIPS Agreement. The contributions critically analyse the IP standards found in these agreements; their potential for reforming the international IP system; the implications for the multilateral IP system and other areas of international law such as human rights; and the often neglected topic of implementing the IP obligations in these agreements.
Examining how trade agreements are interpreted both in trade tribunals and in the United Kingdom, this innovative book provides a well-rounded exploration of the numerous UK free trade agreements, including the UK–EU Trade and Cooperation Agreement, and their legal and policy implications for intellectual property.
Book Synopsis Intellectual Property, Free Trade Agreements and the United Kingdom by : Johnson, Phillip
Download or read book Intellectual Property, Free Trade Agreements and the United Kingdom written by Johnson, Phillip and published by Edward Elgar Publishing. This book was released on 2021-10-12 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining how trade agreements are interpreted both in trade tribunals and in the United Kingdom, this innovative book provides a well-rounded exploration of the numerous UK free trade agreements, including the UK–EU Trade and Cooperation Agreement, and their legal and policy implications for intellectual property.
During the last 15 years, bilateral trade agreements have become increasingly more common. All bilateral trade agreements concluded by the European Union and the United States contain standards of intellectual property (IP) protection and enforcement that go beyond the protection agreed upon in the TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement. This poses important challenges to developing countries who are parties to these agreements, but often do not have the level of development and capacity to undertake innovative research which would allow them to take full advantage of the benefits of strong IP protection and enforcement. This book offers a legal and a political-scientific view on the phenomenon of strong IP protection and enforcement in bilateral trade agreements to which developing countries are parties. After providing a comprehensive analysis of the IP rights and obligations contained in recent bilateral trade agreements concluded by the EU, this book highlights the IP policy-making process in a developing country that has already accepted TRIPS-plus provisions, including Jamaica and the Caribbean Forum (CARIFORUM) region.
Book Synopsis Why Jamaica Wants to Protect Champagne by : Anke Moerland
Download or read book Why Jamaica Wants to Protect Champagne written by Anke Moerland and published by Wolf Legal Publications. This book was released on 2013 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last 15 years, bilateral trade agreements have become increasingly more common. All bilateral trade agreements concluded by the European Union and the United States contain standards of intellectual property (IP) protection and enforcement that go beyond the protection agreed upon in the TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement. This poses important challenges to developing countries who are parties to these agreements, but often do not have the level of development and capacity to undertake innovative research which would allow them to take full advantage of the benefits of strong IP protection and enforcement. This book offers a legal and a political-scientific view on the phenomenon of strong IP protection and enforcement in bilateral trade agreements to which developing countries are parties. After providing a comprehensive analysis of the IP rights and obligations contained in recent bilateral trade agreements concluded by the EU, this book highlights the IP policy-making process in a developing country that has already accepted TRIPS-plus provisions, including Jamaica and the Caribbean Forum (CARIFORUM) region.
This study brings together two major sources of growth in the modern economy: trade and new ideas. Trade is a crucial process to improve economic specialisation and raise the productivity of economies. It is also a channel to diffuse technology and knowledge across countries. International exchange is therefore helping countries to modernise their economies. New ideas are all the innovations, technologies, know-how and business models that gradually power the economy - the intangible assets that define a significant part of modern economic growth. They are the basis for a society's stock of intellectual property, and that stock increases every time there are investments in research and development, production methodologies, brands, novel product design, business know-how and new artistic creations. Most societies allow for protection of intellectual property because intellectual property is necessary for prosperity. Our mission for this multi-year study was to get a much better and granular understanding of what role that intellectual property rights (IPRs) play for trade, productivity and growth, and how trade policies for IPRs have developed over time. Even by our cautious estimates, the results are very clear: copyrights, geographical indications, patents, trademarks and other intellectual property rights support trade and value added in Europe, and stronger IPR provisions in Free Trade Agreements (FTAs) increase the payoff even more.
Book Synopsis The Benefits of Intellectual Property Rights in EU Free Trade Agreements by : Fredrik Erixon
Download or read book The Benefits of Intellectual Property Rights in EU Free Trade Agreements written by Fredrik Erixon and published by . This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This study brings together two major sources of growth in the modern economy: trade and new ideas. Trade is a crucial process to improve economic specialisation and raise the productivity of economies. It is also a channel to diffuse technology and knowledge across countries. International exchange is therefore helping countries to modernise their economies. New ideas are all the innovations, technologies, know-how and business models that gradually power the economy - the intangible assets that define a significant part of modern economic growth. They are the basis for a society's stock of intellectual property, and that stock increases every time there are investments in research and development, production methodologies, brands, novel product design, business know-how and new artistic creations. Most societies allow for protection of intellectual property because intellectual property is necessary for prosperity. Our mission for this multi-year study was to get a much better and granular understanding of what role that intellectual property rights (IPRs) play for trade, productivity and growth, and how trade policies for IPRs have developed over time. Even by our cautious estimates, the results are very clear: copyrights, geographical indications, patents, trademarks and other intellectual property rights support trade and value added in Europe, and stronger IPR provisions in Free Trade Agreements (FTAs) increase the payoff even more.
Examining how trade agreements are interpreted both in trade tribunals and in the United Kingdom, this innovative book provides a well-rounded exploration of the numerous UK free trade agreements, including the UK-EU Trade and Cooperation Agreement, and their legal and policy implications for intellectual property. Providing a detailed assessment of the continuing role of EU standards in the UK, Phillip Johnson highlights how the UK has played an active role in shaping EU intellectual property law and policy. He explores the extent to which the UK's "new" trade agreements are tied to existing EU law and how this will preserve those standards in the UK, and how this might been received both nationally and globally. An extensive range of critical issues is covered, including copyright, patents, designs, trade marks, border control and technology transfer as well as featuring a calendar of EU laws which are replicated in the UK's current free trade agreements. This authoritative book will be an important source of reference for academics and practitioners seeking to understand the role of intellectual property law in UK and EU free trade agreements, as well as scholars and students of intellectual property, trade laws, and European Law.
Book Synopsis Intellectual Property, Free Trade Agreements and the United Kingdom by : Phillip Johnson
Download or read book Intellectual Property, Free Trade Agreements and the United Kingdom written by Phillip Johnson and published by Edward Elgar Publishing. This book was released on 2021-10-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining how trade agreements are interpreted both in trade tribunals and in the United Kingdom, this innovative book provides a well-rounded exploration of the numerous UK free trade agreements, including the UK-EU Trade and Cooperation Agreement, and their legal and policy implications for intellectual property. Providing a detailed assessment of the continuing role of EU standards in the UK, Phillip Johnson highlights how the UK has played an active role in shaping EU intellectual property law and policy. He explores the extent to which the UK's "new" trade agreements are tied to existing EU law and how this will preserve those standards in the UK, and how this might been received both nationally and globally. An extensive range of critical issues is covered, including copyright, patents, designs, trade marks, border control and technology transfer as well as featuring a calendar of EU laws which are replicated in the UK's current free trade agreements. This authoritative book will be an important source of reference for academics and practitioners seeking to understand the role of intellectual property law in UK and EU free trade agreements, as well as scholars and students of intellectual property, trade laws, and European Law.
Master's Thesis from the year 2018 in the subject Business economics - Economic Policy, grade: 1,9, Cologne Business School Köln, language: English, abstract: The following paper refers to the potential of international free trade agreements to create interconnected economic markets, which require a common trade policy of the contracting countries. The difficulty in this approach is to ensure an economic integration of both countries on the basis of bilateral treaties, despite differing cultural, social and economic attitudes. As an effect of the continuing globalization and the increased international interconnectedness, there is generally a rising number of international free trade agreements among countries with the intention to achieve economic growth and welfare that on the other hand simultaneously led to an increased amount of criticism arising from non-governmental organizations, consumer protection organizations or environmental groups. This oppositeness has received a lot of attention during the recent negotiations and implementation of the Comprehensive Economic and Trade Agreement (CETA) between the European Union and Canada. Similar to the Transatlantic Trade and Investment Partnership (TTIP), which is a foreseen free trade agreement between the European Union and the United States that has been temporarily suspended due to huge protests, both agreements have in common that they bear more criticism that than any other free trade agreement ever before. This is why it is interesting to know to which degree there is a correlation of similarities and differences between a modern free trade agreement such as the CETA and an already established treaty like the North American Free Trade Agreement (NAFTA) between the United States, Mexico and Canada. According to the title, there will be “An analysis of the benefits and critique between the free trade agreements NAFTA and CETA in a historical comparison” with the purpose of figuring out whether a certain contracting country is benefiting from the NAFTA or the CETA or if it is experiencing any social, environmental, cultural, economic or other disadvantages. In the following segments these aspects will be examined, contrasted and evaluated with the support of studies and current data to provide meaningful findings and to give a final recommendation for action at the end of the paper.
Book Synopsis An analysis of the benefits and critique between the free trade agreements NAFTA and CETA in a historical comparison by : Paul Petersen
Download or read book An analysis of the benefits and critique between the free trade agreements NAFTA and CETA in a historical comparison written by Paul Petersen and published by GRIN Verlag. This book was released on 2018-06-27 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2018 in the subject Business economics - Economic Policy, grade: 1,9, Cologne Business School Köln, language: English, abstract: The following paper refers to the potential of international free trade agreements to create interconnected economic markets, which require a common trade policy of the contracting countries. The difficulty in this approach is to ensure an economic integration of both countries on the basis of bilateral treaties, despite differing cultural, social and economic attitudes. As an effect of the continuing globalization and the increased international interconnectedness, there is generally a rising number of international free trade agreements among countries with the intention to achieve economic growth and welfare that on the other hand simultaneously led to an increased amount of criticism arising from non-governmental organizations, consumer protection organizations or environmental groups. This oppositeness has received a lot of attention during the recent negotiations and implementation of the Comprehensive Economic and Trade Agreement (CETA) between the European Union and Canada. Similar to the Transatlantic Trade and Investment Partnership (TTIP), which is a foreseen free trade agreement between the European Union and the United States that has been temporarily suspended due to huge protests, both agreements have in common that they bear more criticism that than any other free trade agreement ever before. This is why it is interesting to know to which degree there is a correlation of similarities and differences between a modern free trade agreement such as the CETA and an already established treaty like the North American Free Trade Agreement (NAFTA) between the United States, Mexico and Canada. According to the title, there will be “An analysis of the benefits and critique between the free trade agreements NAFTA and CETA in a historical comparison” with the purpose of figuring out whether a certain contracting country is benefiting from the NAFTA or the CETA or if it is experiencing any social, environmental, cultural, economic or other disadvantages. In the following segments these aspects will be examined, contrasted and evaluated with the support of studies and current data to provide meaningful findings and to give a final recommendation for action at the end of the paper.
Contemporary trade policy is increasingly framed in geo-strategic terms. But how much of that rhetoric is reflected in actual policy choices by the EU or its trading partners? This book provides a first systematic study of the broader international context in which EU trade agreements are conceived, negotiated, and designed. Building on a refined conceptualisation of geo-economics, the book develops a cogent framework that combines insights from scholarship on the design of free trade agreements with ideas from foreign policy analysis. Empirically, the analysis focuses on the relations between the EU and the Asia-Pacific. Following the United States’ pivot to Asia and the EU’s Global Europe strategy, China’s backyard has become the main arena in which global powers’ geo-economic strategies overlap. Building on a series of case-studies, combining the perspectives from the EU and its trading partners, the book shows that the rhetoric of geo-economic competition is yet to catch up with the actual negotiation and design of free trade agreements. This volume will be of great interest to scholars, students and practitioners who want to gain a holistic understanding of contemporary trade negotiations.
Book Synopsis A Geo-Economic Turn in Trade Policy? by : Johan Adriaensen
Download or read book A Geo-Economic Turn in Trade Policy? written by Johan Adriaensen and published by Springer Nature. This book was released on 2022-02-05 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary trade policy is increasingly framed in geo-strategic terms. But how much of that rhetoric is reflected in actual policy choices by the EU or its trading partners? This book provides a first systematic study of the broader international context in which EU trade agreements are conceived, negotiated, and designed. Building on a refined conceptualisation of geo-economics, the book develops a cogent framework that combines insights from scholarship on the design of free trade agreements with ideas from foreign policy analysis. Empirically, the analysis focuses on the relations between the EU and the Asia-Pacific. Following the United States’ pivot to Asia and the EU’s Global Europe strategy, China’s backyard has become the main arena in which global powers’ geo-economic strategies overlap. Building on a series of case-studies, combining the perspectives from the EU and its trading partners, the book shows that the rhetoric of geo-economic competition is yet to catch up with the actual negotiation and design of free trade agreements. This volume will be of great interest to scholars, students and practitioners who want to gain a holistic understanding of contemporary trade negotiations.
This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.
Book Synopsis EU Copyright Law by : Irini Stamatoudi
Download or read book EU Copyright Law written by Irini Stamatoudi and published by Edward Elgar Publishing. This book was released on 2021-03-26 with total page 1303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.
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.
Book Synopsis Intellectual Property and Free Trade Agreements in the Asia-Pacific Region by : Christoph Antons
Download or read book Intellectual Property and Free Trade Agreements in the Asia-Pacific Region written by Christoph Antons and published by Springer. This book was released on 2014-12-05 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
This e-book compiles the written contributions prepared by the speakers of an EUI conference titled 'Global Europe: The New Generation of EU Preferential Trade Agreements'. The conference took place on May 14-15, 2012, on the EUI premises in San Domenico di Fiesole. It was organized by the EUI Working Group on EU External Relations Law, under the auspices of Professor Marise Cremona and Professor Petros Mavroidis, with generous support provided by the EUI's Global Governance Programme and the Academy of European Law. The e-book is divided into four parts. In the introductory part, David Kleimann provides a perspective on the European Commission's efforts to implement the 'Global Europe' strategy and outlines the domestic and external challenges that EU leaders face in this process. Part II is devoted to crosscutting issues that generally apply to contemporary PTAs. Against the background of the most recent wave of regional and inter-regional economic integration, Petros Mavroidis argues that the relevance of the WTO for international trade liberalization and rule making is fading. Patrick Messerlin, secondly, considers the various domestic motives for the negotiation of PTAs and identifies the actors that play important roles in the political economy processes associated with the negotiation and conclusion of PTAs. Jean-Pierre Chauffour and David Kleimann, third, examine key economic, institutional, and policy challenges that arise in the course of PTA implementation processes in developing countries and derive a number of recommendations that aim at more effective and development oriented PTA implementation. Part III then turns to several of topics that shed light on specific aspects of EU PTA negotiations and their domestic ratification. For starters, Adrian van den Hoven contends that the EU is now moving toward a PTA negotiation approach that is more than ever geared towards the achievement of reciprocity of mutual commitments with partner countries. Maria Joao Podgorny, secondly, reflects on the role of the European Parliament in the area of EU trade and investment policy and provides a perspective on the process of inter-institutional cooperation between Parliament, the European Commission, and the Council with regard to the ratification of EU PTAs. Elisabeth Roderburg, third, argues the case for deep transatlantic economic integration between the EU and the United States. Jakob Cornides, fourth, explains how and why the European Commission seeks to export EU intellectual property protection standards to third countries through plurilateral and bilateral trade agreements. In Part IV of this e-book, four authors devote particular attention to the question of how the European Union seeks to achieve non-commercial objectives through the negotiation of PTAs. Isabelle Ramdoo and Sanoussi Bilal provide a critical reflection on the EU's approach to the negotiation of Economic Partnership Agreements (EPA) with African countries and assess the merits of this endeavour for the promotion of economic development and regional integration in Africa. Lorand Bartels, secondly, examines how the EU, by means of 'human rights clauses' and sustainable development chapters in its PTAs, implements its obligation to ensure that its external activities respect human rights and pursue the objective of promoting sustainable development. In a related contribution, Fabiano de Andrade Correa considers the extent to which EU trade agreements have increasingly included procedural and substantive sustainable development provisions in its PTAs.--Provided by publisher.
Book Synopsis EU Preferential Trade Agreements by : Petros C. Mavroidis
Download or read book EU Preferential Trade Agreements written by Petros C. Mavroidis and published by . This book was released on 2013 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This e-book compiles the written contributions prepared by the speakers of an EUI conference titled 'Global Europe: The New Generation of EU Preferential Trade Agreements'. The conference took place on May 14-15, 2012, on the EUI premises in San Domenico di Fiesole. It was organized by the EUI Working Group on EU External Relations Law, under the auspices of Professor Marise Cremona and Professor Petros Mavroidis, with generous support provided by the EUI's Global Governance Programme and the Academy of European Law. The e-book is divided into four parts. In the introductory part, David Kleimann provides a perspective on the European Commission's efforts to implement the 'Global Europe' strategy and outlines the domestic and external challenges that EU leaders face in this process. Part II is devoted to crosscutting issues that generally apply to contemporary PTAs. Against the background of the most recent wave of regional and inter-regional economic integration, Petros Mavroidis argues that the relevance of the WTO for international trade liberalization and rule making is fading. Patrick Messerlin, secondly, considers the various domestic motives for the negotiation of PTAs and identifies the actors that play important roles in the political economy processes associated with the negotiation and conclusion of PTAs. Jean-Pierre Chauffour and David Kleimann, third, examine key economic, institutional, and policy challenges that arise in the course of PTA implementation processes in developing countries and derive a number of recommendations that aim at more effective and development oriented PTA implementation. Part III then turns to several of topics that shed light on specific aspects of EU PTA negotiations and their domestic ratification. For starters, Adrian van den Hoven contends that the EU is now moving toward a PTA negotiation approach that is more than ever geared towards the achievement of reciprocity of mutual commitments with partner countries. Maria Joao Podgorny, secondly, reflects on the role of the European Parliament in the area of EU trade and investment policy and provides a perspective on the process of inter-institutional cooperation between Parliament, the European Commission, and the Council with regard to the ratification of EU PTAs. Elisabeth Roderburg, third, argues the case for deep transatlantic economic integration between the EU and the United States. Jakob Cornides, fourth, explains how and why the European Commission seeks to export EU intellectual property protection standards to third countries through plurilateral and bilateral trade agreements. In Part IV of this e-book, four authors devote particular attention to the question of how the European Union seeks to achieve non-commercial objectives through the negotiation of PTAs. Isabelle Ramdoo and Sanoussi Bilal provide a critical reflection on the EU's approach to the negotiation of Economic Partnership Agreements (EPA) with African countries and assess the merits of this endeavour for the promotion of economic development and regional integration in Africa. Lorand Bartels, secondly, examines how the EU, by means of 'human rights clauses' and sustainable development chapters in its PTAs, implements its obligation to ensure that its external activities respect human rights and pursue the objective of promoting sustainable development. In a related contribution, Fabiano de Andrade Correa considers the extent to which EU trade agreements have increasingly included procedural and substantive sustainable development provisions in its PTAs.--Provided by publisher.
