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This fully updated volume provides a detailed legal analysis of the provisions of the TRIPS Agreement, as well as the jurisprudence already developed by the World Trade Organization. This second edition provides up to date analysis of new WTO case law, jurisprudence, legislation, and literature.
Review of the Agreement
The enforcement of TRIPS-plus standards on Intellectual Property (IP) has become one of the most significant challenges for developing countries in recent years. This book is the first initiative linking IP enforcement and development, which fundamentally differs from the approach and perspective of developed countries. The editors encourage developing countries to address the emerging challenges in IP enforcement initiatives at various international forums, and to devise appropriate national policies and legislation on IP enforcement, in accordance with international treaties. The book examines the trend towards increasing global IP enforcement, recent case law developments, abuse of IP enforcement procedures, and provides strategic considerations and recommendations for developing countries. With an interdisciplinary approach Intellectual Property Enforcement will be a must-read for scholars, experts and students of international relations, government officials and negotiators and companies engaged in IP enforcement activities.
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.
Is Latin America experiencing a resurgence of leftwing governments, or are we seeing a rebirth of national-radical populism? Are the governments of Hugo Chávez, Evo Morales, and Rafael Correa becoming institutionalized as these leaders claim novel models of participatory and direct democracy? Or are they reenacting older traditions that have favored plebiscitary acclamation and clientelist distribution of resources to loyal followers? Are we seeing authentic forms of expression of the popular will by leaders who have empowered those previously disenfranchised? Or are these governments as charismatic, authoritarian, and messianic as their populist predecessors? This new and expanded edition of Populist Seduction in Latin America explores the ambiguous relationships between democracy and populism and brings de la Torre’s earlier work up to date, comparing classical nationalist, populist regimes of the 1940s, such as those of Juan Perón and José María Velasco Ibarra, with their contemporary neoliberal and radical successors. De la Torre explores their similarities and differences, focusing on their discourses and uses of political symbols and myths.
This book examines the “left turn” in Latin American politics, specifically through the lens of Ecuador and the effects of the Citizens’ Revolution’s actions and public policies on relevant actors and institutions. Through a comprehensive analysis of one country’s turn to the left and the outcomes generated by that process, the authors and editors provide a clearer understanding of the ways in which the popular desire for change (predominant through the region in recent times, as a response to late-twentieth-century neoliberalism) was realized—or not. The particular case of Ecuador further potentiates analysis of the entire region-wide process, considering that the “corrector” cycle is now at an end, and that the economic and international conditions that favored the return of left governments have also changed.
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.
This book traces the academic footprint of Hanns Ullrich. Thirty contributions revolve around five central topics of his oeuvre: the European legal order, competition law, intellectual property, the regulation of new technologies, and the global market order. Acknowledging him as a trailblazer, the book aims to capture how deeply Hanns Ullrich has influenced contemporaries and subsequent generations of scholars. The contributors re-iterate the path-breaking patterns of his teachings, such as his contemplation of intellectual property as embedded in competition, the necessity of balancing private and public interests in intellectual property law, the policies of market integration, and the peculiar relationship of technological advancement and protectionism.
Timing and Time Perception: Procedures, Measures, and Applications is a one-of-a-kind, collective effort to present -theoretically and practically- the most utilized and known methods on timing and time perception.