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Zhao Ziyang and China's Political Future
What legacies have previous reformers like Zhao Ziyang left to today’s China? Does China have feasible political alternatives to today’s repressive ‘market Leninism’ and corrupt ‘state capitalism’? Does Zhao’s legacy indicate an alternative to the past and for the future? For those who are familiar with the development of Chinese politics since the reform years, Zhao is now widely regarded as a major architect of the nation’s profound transition. His contributions to China’s post-Mao development are rich and multi faceted, including those on rural and urban economic reforms extending to accountable governance, liberal policies concerning domestic affairs and China’s forei...
Copyright Industries and the Impact of Creative Destruction
Drawing on Schumpeter's theory of creative destruction, the book explores whether the expansion of the duration of copyright promotes or precludes the growth of the book publishing industry. The book reviews the historical development of UK copyright expansion and also considers copyright in the digital age. By exploring legal and economic aspects of copyright protection, and the expansion of copyright duration in particular, the author suggests changes to copyright policy which would have a significant impact on the economics of innovation in the creative industries.
Intellectual Property Rights and Competition in Standard Setting
Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone’s right or, if they do, are developed under conditi...
Paradoxes Of China's Prosperity: Political Dilemmas And Global Implications
The world seems divided to either applaud or fear the rise of China, but this book probes deeper by investigating three aspects of the phenomenon in detail: 1) the institutional dilemmas of the prosperity as it integrates Asian authoritarianism with globalizing capitalism to create economic accomplishments; 2) the political struggles alongside the prosperity as Chinese citizens begin to demand equality, rights, and justice that might be viewed to disturb the continuity of stability and development; and 3) the global implications entailed by the prosperity — not only in power politics, war and peace, or competitions among nations, but especially on global public goods termed “human securi...
Health Technologies and International Intellectual Property Law
The global transmission of infectious diseases has fuelled the need for a more developed legal framework in international public health to provide prompt and specific guidance during a large-scale emergency. This book develops a means for States to take advantage of the flexibilities of compulsory licensing in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which promotes access to medicines in a public health emergency. It presents the precautionary approach (PA) and the structure of risk analysis as a means to build a workable reading of TRIPS and to help States embody the flexibilities of intellectual property (IP). The work investigates the complementary r...
The Object of Copyright
Recent years have seen a number of pressing developments in copyright law: there has been an enormous increase in the range and type of work accorded protection; the concept of the ‘original work’ has entered into national copyright acts; and intangible entities are now entitled to protection by copyright. All these are consequences of legislative and technological developments that can be traced back over two centuries and more. the result. This book presents an interdisciplinary study of the growth of copyright law, largely based on archival research and on archival materials only recently made available online. The new history here articulated helps to explain why print is no longer t...
Intellectual Property Policy, Law and Administration in Africa
This book examines the harmonisation of Intellectual Property (IP) policy, law and administration in Africa. Two recent developments have brought this topic to the fore. The first is the escalation of long-standing efforts to establish a Pan-African Intellectual Property Organisation (PAIPO), a continental initiative. The second is the current sub-regional attempt to operationalise the IP provisions of the Southern African Development Community (SADC)’s Protocol on Trade (articles 9b and 24) and its Protocol on Science, Technology and Innovation (article 2m). Intellectual Property Policy, Law and Administration in Africa discusses the viability of such initiatives with particular reference...
Well-Known Trade Marks
This book considers the effectiveness of well-known trade mark protection at an international level. It particularly considers EU trade mark law from Japanese perspectives, and provides a practical and critical overview of trade mark law in Japan, including the historical development of the law and the recent development on cases and policy. The book includes detailed coverage of the Japanese Unfair Competition Prevention Act, and contains the first systematic analysis of Japanese jurisprudence and legislative amendments of law in relation to well-known trade marks and unfair competition. The book goes on to comparatively analyse Japanese trade mark law alongside that of the European Community Trade Mark system. The book critically considers the difficulties in comprehensively defining a ‘well-known trade mark’ in the relevant international trade mark instruments. In breaking down the traditional definition of the ‘well-known trade mark’, the book works to address existing theoretical ambiguities in the application of trade mark law.
Criminal Copyright
In this book, Eldar Haber analyzes the circumstances, justifications, and ramifications of the criminalization process and tells the story of how a legal right in the private enforcement realm has become over-criminalized. This work should be read by anyone concerned with the future of copyright and intellectual property.
Authentic Assessment and Evaluation Approaches and Practices in a Digital Era
This book expertly illustrates the important process of authentic assessment and evaluation in the construction and dissemination of educational knowledge. One of the key strengths of this book is the diversity of contexts in which the various aspects of assessment are evidenced and discussed.
