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Liu / Chaisse

The Future of Asian Trade Deals and IP

Medium: Buch
ISBN: 978-1-5099-5194-9
Verlag: BLOOMSBURY 3PL
Erscheinungstermin: 13.05.2021
Lieferfrist: bis zu 10 Tage
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.

Produkteigenschaften


  • Artikelnummer: 9781509951949
  • Medium: Buch
  • ISBN: 978-1-5099-5194-9
  • Verlag: BLOOMSBURY 3PL
  • Erscheinungstermin: 13.05.2021
  • Sprache(n): Englisch
  • Auflage: Erscheinungsjahr 2021
  • Produktform: Kartoniert, Paperback
  • Gewicht: 449 g
  • Seiten: 320
  • Format (B x H x T): 156 x 234 x 17 mm
  • Ausgabetyp: Kein, Unbekannt

Autoren/Hrsg.

Herausgeber

Liu, Kung-Chung

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. He is also a Professor at Renmin University of China.

Chaisse, Julien

Julien Chaisse is Professor in the School of Law at the City University of Hong Kong (CityU). He is an award-winning and internationally-respected expert on international economic law (trade, investment, and tax), cyberlaw, vitivinicultural law, and international dispute resolution. His work has received wide recognition and has been cited by international courts/tribunals as well as the US and European Courts. He writes a regular column ("The Global Lawyer") for the Financial Times' fDI Intelligence Magazine, where he discusses current events in foreign investment law and politics. Julien Chaisse is the recipient of the Smit-Lowenfeld Prize from the International Arbitration Club of New York (2020) and the holder of the Humanities and Social Sciences Prestigious Fellowship (2022). He also sits on the editorial boards of several high impact academic journals around the world, and is Editor-in-Chief of the Asia Pacific Law Review and co-Editor-in-Chief of the Journal of World Investment and Trade. Julien Chaisse has extensive experience working as a corporate board member and serving on the board of directors/advisory board for a number of international organisations. He is currently President and Chair of the Asia Pacific FDI Network, a leading organisation that focuses on researching foreign direct investment and facilitating cooperation among over 100 scholars and 50 institutions. He is an accomplished senior arbitrator who is listed on the panel of the major arbitration institutions. He was recently selected for the appointment of arbitrators in bilateral disputes under the EU's trade agreements. A number of his adjudications have been reported on by the local and international press. He is frequently called upon as an expert witness in international trade/investment litigation and arbitration to advise international organisations, governments, law firms, and private investors on private/public international law issues (eg, concessions contracts, special economic zones, investment structuring, state and international organisation immunities, and WTO accession), and has assisted over twenty jurisdictions in drafting trade/investment treaties and legislation. Prior to joining CityU's Law School, Julien Chaisse taught in the Faculty of Law of the Chinese University of Hong Kong (2009-2019), where he served both as Director of one the Faculty's research centres and Director of the Faculty's PhD & MPhil Programme. Before moving to Hong Kong, he worked as deputy head of the working group on the rules and regulations for multilateral trade and investment agreements at the World Trade Institute in Bern, Switzerland (2006-2009), as a lecturer at Elite School Sciences Po Aix, France (2004-2006), and as a diplomat for France's Ministry of Foreign Affairs in the French Embassy in New Delhi, India (2001-2004). He has held visiting fellowships and professorships at Columbia University, Melbourne University, University Paris 1 Panthéon-Sorbonne, National Institute of Malaysian and International Studies, and Tokyo University.

1. Introduction: The Intersection between Intellectual Property Rights and Free Trade Agreements
Kung-Chung Liu and Julien Chaisse

PART I
FROM TPP/CPTPP TO RCEP
2. Selecting the Right Representatives to Participate in Trade Negotiations: A New Model of Multi-Stakeholder Involvement for Future Plurilateral Free Trade Agreement Negotiations
Benjamin Tham
3. Trade Strategies and Power Games between China, the US and India
Liyu Han and Jiaxun Sun
4. The Future of China's Trade Pact and Intellectual Property Rights
Han-Wei Liu and Si-Wei Lu
5. The RCEP Negotiations and Asian Intellectual Property Norm Setters
Peter K. Yu

PART II
INVESTOR-STATE ARBITRATION AND INTELLECTUAL PROPERTY
6. Recalibrating the Balance in International Investment Agreements
Tomoko Ishikawa
7. 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 III
IMPROVING THE IP PROVISIONS OF CPTPP/RCEP AND REDEFINING GLOBAL IP NORMS
8. Will RCEP Redefine Norms Related to Pre-grant Opposition and Experimental Use Exceptions in International Patent Law?
Prashant Reddy Thikkavarapu
9. Patent Term Extension in the Pharmaceutical Sector: An Asian Comparative Perspective
Yaojin Peng
10. Mitigating the Impacts of Patent Linkage on Access to Medicine: Some Asian Experiences and Suggestions
Su-Hua Lee
11. Intellectual Property in Plant Material and Free Trade Agreements in Asia
Christoph Antons
12. Pre-established Damages for Copyright Infringement and Trademark Counterfeiting: Suggestions for CPTPP/RCEP Based on Some Asian Experiences
Kung-Chung Liu and Haoran Zhang
13. Liberalizing Use of the Three-Step Test and Copyright Limitations in the Public Interest
Haochen Sun