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Adopting a European perspective, this book seeks to offer a critical appraisal of the relationship between intellectual property law and competition law. It highlights the deficiencies in studying each of these areas of law independently, and argues for a more holistic approach, insisting that it is more useful to consider them as interdependent.
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Distinguished economists, political scientists, and legal experts discuss the implications of the increasingly globalized protection of intellectual property rights for the ability of countries to provide their citizens with such important public goods as basic research, education, public health, and environmental protection. Such items increasingly depend on the exercise of private rights over technical inputs and information goods, which could usher in a brave new world of accelerating technological innovation. However, higher and more harmonized levels of international intellectual property rights could also throw up high roadblocks in the path of follow-on innovation, competition and the attainment of social objectives. It is at best unclear who represents the public interest in negotiating forums dominated by powerful knowledge cartels. This is the first book to assess the public processes and inputs that an emerging transnational system of innovation will need to promote technical progress, economic growth and welfare for all participants.
Industrial and intellectual property --- Intellectual property (International law) --- Technology transfer --- Technological innovations --- Law and legislation --- -Technological innovations --- -346.048 --- Lb1.i --- Breakthroughs, Technological --- Innovations, Industrial --- Innovations, Technological --- Technical innovations --- Technological breakthroughs --- Technological change --- Creative ability in technology --- Inventions --- Domestication of technology --- Innovation relay centers --- Research, Industrial --- Technological transfer --- Transfer of technology --- Diffusion of innovations --- Technology and international relations --- Foreign licensing agreements --- Technological forecasting --- Technology --- International law --- International cooperation --- Law and legislation. --- Intellectual property (International law). --- 346.048 --- Antitrust law --- Industrial property --- Law --- General and Others --- Technological innovations Law and legislation --- Technology transfer - Law and legislation --- Technological innovations - Law and legislation --- PROPRIETE INTELLECTUELLE --- TRANSFERT DE TECHNOLOGIES --- BIENS PUBLICS --- INNOVATIONS TECHNOLOGIQUES --- ASPECTS ECONOMIQUES --- LOI ET LEGISLATION --- DROIT INTERNATIONAL
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The free exchange of microbial genetic information is an established public good, facilitating research on medicines, agriculture, and climate change. However, over the past quarter-century, access to genetic resources has been hindered by intellectual property claims from developed countries under the World Trade Organization's TRIPS Agreement (1994) and by claims of sovereign rights from developing countries under the Convention on Biological Diversity (CBD) (1992). In this volume, the authors examine the scientific community's responses to these obstacles and advise policymakers on how to harness provisions of the Nagoya Protocol (2010) that allow multilateral measures to support research. By pooling microbial materials, data, and literature in a carefully designed transnational e-infrastructure, the scientific community can facilitate access to essential research assets while simultaneously reinforcing the open access movement. The original empirical surveys of responses to the CBD included here provide a valuable addition to the literature on governing scientific knowledge commons
Genetic engineering. --- Designed genetic change --- Engineering, Genetic --- Gene splicing --- Genetic intervention --- Genetic surgery --- Genetic recombination --- Biotechnology --- Transgenic organisms --- Biotechnology industries --- Law and legislation.
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In recent years, intellectual property rights both in the form of patents and copyrights have expanded in their coverage, the width and depth of protection, and the tightness in their enforcement. Moreover, for the first time in history, the IPR regime has become increasingly uniform at international level by means of the TRIPS agreement, irrespectively of the degrees of development of the various countries. The book addresses the effects of IPR on the processes of innovation and innovation diffusion, and provides detailed discussions of possible policy measures within the current TRIPS regime.
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Focuses on the WTO and intellectual property rights in international law.
Sustainable development --- Competition --- International trade --- Biotechnology --- Intellectual property (International law) --- International law --- Chemical engineering --- Genetic engineering --- Patents --- Economic aspects --- International trade. --- Competition. --- Sustainable development. --- Development, Sustainable --- Ecologically sustainable development --- Economic development, Sustainable --- Economic sustainability --- ESD (Ecologically sustainable development) --- Smart growth --- Sustainable economic development --- Economic development --- Competition (Economics) --- Competitiveness (Economics) --- Economic competition --- Commerce --- Conglomerate corporations --- Covenants not to compete --- Industrial concentration --- Monopolies --- Open price system --- Supply and demand --- Trusts, Industrial --- External trade --- Foreign commerce --- Foreign trade --- Global commerce --- Global trade --- Trade, International --- World trade --- International economic relations --- Non-traded goods --- Biopiracy --- Economic aspects. --- Environmental aspects --- Intellectual property (International law) - Economic aspects - Congresses. --- Biotechnology - Patents - Congresses. --- International trade - Congresses. --- Competition - Congresses. --- Sustainable development - Congresses.
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