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oapen-20.500.12657-588272022-10-15T03:23:34Z The Future of Asian Trade Deals and IP Liu, Kung-Chung Chaisse, Julien Intellectual property law Public international law: economic and trade bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LNR Intellectual property law bic Book Industry Communication::L Law::LB International law::LBB Public international law::LBBM International economic & trade law 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. 2022-10-14T14:54:33Z 2022-10-14T14:54:33Z 2019 book ONIX_20221014_9781509922796_158 9781509922796 9781509922789 https://library.oapen.org/handle/20.500.12657/58827 eng application/pdf n/a 9781509922789.pdf Bloomsbury Academic Hart Publishing 10.5040/9781509922802 10.5040/9781509922802 066d8288-86e4-4745-ad2c-4fa54a6b9b7b 9781509922796 9781509922789 Hart Publishing 320 London open access
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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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