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The World Trade Organization Knowledge Agreements
The WTO intellectual property and services agreements (TRIPs and GATS) form the global legal framework in which governments now regulate trade in knowledge. This second edition analyses the provisions of the agreements and examines closely the thirteen years of implementation and revision. Gathering together the interpretations placed on the agreements by the WTO dispute settlement bodies, it reports on the initiatives taken by the members both to liberalise trade in knowledge and to shape international business regulation. Drawing on this, Christopher Arup assesses the future of the WTO as a global law-making institution. Three expanded case studies (legal services, genetic codes/essential medicines, and on-line media) illustrate the impact of the agreements and highlight the challenges faced by the WTO in reconciling free trade with social regulation.
Rethinking Workplace Regulation
During the middle third of the 20th century, workers in most industrialized countries secured a substantial measure of job security, whether through legislation, contract or social practice. This “standard employment contract,” as it was known, became the foundation of an impressive array of rights and entitlements, including social insurance and pensions, protection against unsociable working conditions, and the right to bargain collectively. Recent changes in technology and the global economy, however, have dramatically eroded this traditional form of employment. Employers now value flexibility over stability, and increasingly hire employees for short-term or temporary work. Many count...
The New World Trade Organization Agreements
This insightful book assesses the impact of the WTO through the medium of two new multilateral agreements - the General Agreement on Trade in Services (GATS) and the Agreement on Trade-Related Aspects of Intellectual Property (TRIPs). It explains how these agreements push trade policies 'behind the border', mediating conflicts between contrasting legalities and negotiating political and cultural, as well as economic, issues. Detailed case studies address topics of global significance: competition between different types of legal services, ownership claims to the genetic codes of plants and animals, and access to the content resources and technical facilities of the on-line media. With the Millennium Trade Round in the balance, the book assesses the WTO's potential to move beyond laissez-faire and provide support for independent and alternative producers, providers and users.
Research Handbook on Empirical Studies in Intellectual Property Law
This comprehensive Research Handbook explores empirical legal studies of intellectual property law. It covers research from four continents and offers unique conclusions to aid in the creation and understanding of policies and legislation.
Intellectual Property Policy Reform
This state-of-the-art study argues that reforms to intellectual property (IP) should be based on the ways IP is interacting with new technologies, business models, work patterns and social mores. It identifies emerging IP reform proposals and experiments, indicating first how more rigor and independence can be built into the grant of IP rights so that genuine innovations are recognized. The original contributions illustrate how IP rights can be utilised, through open source licensing systems and private transfers, to disseminate knowledge. Reforms are recommended. The discussion takes in patents, copyright, trade secrets and relational obligations, considering the design of legislative direc...
Globalization, Sports Law and Labour Mobility
This book examines labour regulation and labour mobility in two professional baseball leagues: Major League Baseball in the United States and Nippon Professional Baseball in Japan. Through vivid comparative study, Matt Nichol explores how each league internally regulates labour mobility and how this internal regulation engages with external regulation from the legislature, statutory authorities and the courts. This comparison of two highly restrictive labour markets utilizes regulatory theory and labour regulation and suggests a framework for a global player transfer system in baseball.
Intellectual Property and Free Trade Agreements in the Asia-Pacific Region
This book is highly topical. The shift from the multilateral WTO negotiations to bilateral and regional Free Trade Agreements has been going on for some time, but it is bound to accelerate after the WTO Doha round of negotiations is now widely regarded as a failure. However, there is a particular regional angle to this topic as well. After concluding that further progress in the Doha round was unlikely, Pacific Rim nations recently have progressed with the negotiations of a greatly expanded Trans-Pacific Partnership Agreement that includes industrialised economies and developed countries such as the United States, Japan, Australia and New Zealand, recently emerged economies such as Singapore...
Law and Development and the Global Discourses of Legal Transfers
Leading scholars provide a fresh theoretical look at the reasons why many legal development projects fail and explore in rich empirical detail how different societies interpret global legal reforms and the implications of this for development aid.
Intellectual Property Law in South East Asia
This timely book provides a comprehensive survey of recent developments in intellectual property (IP) law within the Association of Southeast Asian Nations (ASEAN) countries, written by experienced scholars and practitioners in the field.
Governing under Stress
This volume is the first work to emerge from a major international comparative research project exploring the political economy of globalization. This inter-disciplinary team of scholars is focusing on the semi-periphery of world power. Whether defined in social, cultural, economic or simply spatial terms, 'semi-peripheral' countries share two qualities: they are conscious of their subordination to the hegemonic powers at the centre of the global system - the United States and the European Union; they are also strong enough to have some ability to resist their domination. The structural position of these middle powers in global capitalism is unlike those countries at the centre that do not e...
