This book comprises chapters by leading international authors analysing the interface between intellectual property and foreign direct investment, development, and free trade. The authors search for a balance between the conflicting interests that inherently coexist in intellectual property law.
The chapters dig deep into the subjects and notions that have become central in international intellectual property legal developments: i) flexibility, public interest and policy-space for implementation; ii) interfaces between the intellectual property regime and other legal regimes; and iii) the development of international intellectual property law and its influence on national legal orders, which includes the implementation of intellectual property undertakings.
Table des matières
Ch.1 Introduction.- Ch.2 Policy Space in Intellectual Property Rights and Technology Transfer: A New Economic Research Agenda.- Ch.3 Legislative and Regulatory Takings of Intellectual Property: Early Stage Intervention Against a New Jurisprudential Virus.- Ch.4 Intellectual Property and Technology Transfer: Why We Need a New Agenda.- Ch.5 Intellectual Property as a Financial Contribution Under the WTO Subsidies Agreement.- Ch.6 Four Decades of Technology Transfer, Trade and Intellectual Property: The Work of Pedro Roffe.- Ch.7 Development Bridge Over Troubled Intellectual Property Water.- Ch.8 What Role for Intellectual Property in Industrial Development?.- Ch.9 WIPO’s Assistance to Developing Countries: The Evolution of Debate and Current Challenges.- Ch.10 The Twenty-First Century Intellectual Property Office.- Ch.11 Least-Developed Countries, Transfer of Technology and the TRIPS Agreement.- Ch.12 Warner Lambert v Actavis: The Tricky Task of Examining Patent Infringement in New Medical Use Cases.- Ch.13 Traditional Knowledge and the Public Domain.- Ch.14 The Globalisation of Plant Variety Protection: Are Developing Countries Still Policy Takers?.- Ch.15 Why the Nagoya Protocol to the Convention on Biological Diversity Matters to Science and Industry Everywhere.- Ch.16 The Private International Law of Access and Benefit-Sharing Contracts.- Ch.17 New Challenges for the Nagoya Protocol: Diverging Implementation Regimes for Access and Benefit-Sharing.- Ch.18 Marine Genetic Resources Within National Jurisdiction: Flagging Implications for Access and Benefit Sharing and Analysing Patent Trends.
A propos de l’auteur
Carlos Maria Correa is Professor and Director of the Center for Interdisciplinary Studies on Industrial Property and Economics of the University of Buenos Aires. He is Special Advisor on Trade and Intellectual Property of the South Centre, an intergovernmental organization located in Geneva, and has been a visiting professor in post-graduate courses of numerous universities and other regional and international organizations. He has advised several governments on intellectual property, innovation policy and public health.
Xavier Seuba is Senior Lecturer at the Centre d’Études Internationales de la Propriété Intellectuelle (CEIPI) of the University of Strasbourg. He is Academic Coordinator and Judicial Training Manager, and Coordinator of the CEIPI-BETA Project on the law and economics of intellectual property. He teaches courses in various European and American universities in the areas of international intellectual property law, international health law, and international economic law. His research is focused on intellectual property enforcement, intellectual property and health, innovation, and economics of intellectual property. He has advised national governments on intellectual property and pharmaceuticals legislation.