The Future of Asian Trade Deals and IP

The Future of Asian Trade Deals and IP PDF Author: Kung-Chung Liu
Publisher: Bloomsbury Publishing
ISBN: 1509922784
Category : Law
Languages : en
Pages : 317

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Book Description
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 www.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.

Intellectual Property and Free Trade Agreements in the Asia-Pacific Region

Intellectual Property and Free Trade Agreements in the Asia-Pacific Region PDF Author: Christoph Antons
Publisher: Springer
ISBN: 3642308880
Category : Law
Languages : en
Pages : 438

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Book Description
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, but also several developing countries in Asia and Latin America such as Malaysia and Vietnam. US and EU led efforts to conclude FTAs with Asia-Pacific nations are also bound to accelerate again, after a temporary slowdown in the negotiations following the change of government in the United States and the expiry of the US President’s fast-track negotiation authority. The book will provide an assessment of these dynamics in the world’s fastest growing region. It will look at the IP chapters from a legal perspective, but also put the developments into a socio-economic and political context. Many agreements in fact are concluded because of this context rather than for purely economic reasons or to achieve progress in fields like IP law. The structure of the book follows an outline that groups countries into interest alliances according to their respective IP priorities. This ranges from the driving forces of the EU, US and Japan, via Asia-Pacific resource-rich but IP poor economies such as Australia and New Zealand, recently emerged economies with strong IP systems such as Singapore and Korea to leading developing countries such as China and India and ‘second tier industrializing economies’ such as Thailand, Malaysia and Indonesia.

Dilemmas of a Trading Nation

Dilemmas of a Trading Nation PDF Author: Mireya Solis
Publisher: Brookings Institution Press
ISBN: 0815729200
Category : Business & Economics
Languages : en
Pages : 234

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Book Description
The balancing of competing interests and goals will have momentous consequences for Japan—and the United States—in their quest for economic growth, social harmony, and international clout. Japan and the United States face difficult choices in charting their paths ahead as trading nations. Tokyo has long aimed for greater decisiveness, which would allow it to move away from a fragmented policymaking system favoring the status quo in order to enable meaningful internal reforms and acquire a larger voice in trade negotiations. And Washington confronts an uphill battle in rebuilding a fraying domestic consensus in favor of internationalism essential to sustain its leadership role as a champion of free trade. In Dilemmas of a Trading Nation, Mireya Solís describes how accomplishing these tasks will require the skillful navigation of vexing tradeoffs that emerge from pursuing desirable, but to some extent contradictory goals: economic competitiveness, social legitimacy, and political viability. Trade policy has catapulted front and center to the national conversations taking place in each country about their desired future direction—economic renewal, a relaunched social compact, and projected international influence. Dilemmas of a Trading Nation underscores the global consequences of these defining trade dilemmas for Japan and the United States: decisiveness, reform, internationalism. At stake is the ability of these leading economies to upgrade international economic rules and create incentives for emerging economies to converge toward these higher standards. At play is the reaffirmation of a rules-based international order that has been a source of postwar stability, the deepening of a bilateral alliance at the core of America's diplomacy in Asia, and the ability to reassure friends and rivals of the staying power of the United States. In the execution of trade policy today, we are witnessing an international leadership test dominated by domestic governance dilemmas.

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership PDF Author: Cassey Lee
Publisher: ISEAS-Yusof Ishak Institute
ISBN: 9814818887
Category : Business & Economics
Languages : en
Pages : 333

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Book Description
"The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is a free trade agreement involving major countries across the Asia Pacific region. The trade pact, which entered into force on 30 December 2018, is considered by many to be the “gold standard”, given its ambitious scope and depth. This volume offers multi-dimensional insights into the CPTPP and its impact on Southeast Asia. It begins with broad analyses covering the historical, economic and geopolitical aspects of the CPTPP. Subsequent chapters focus on the nature and implications of three key path-breaking provisions in the trade agreement, namely investor-state dispute settlement, intellectual property rights and state-owned enterprises. The effect of the CPTPP on Southeast Asia in terms of regional production networks is also examined from the perspective of Japanese multinational enterprises. The potential economic impact of the agreement is analysed for member countries (Vietnam and Malaysia) as well as countries that aspire to join the CPTPP in the future (Indonesia and Thailand). The world trading system is in disarray: the World Trade Organization has been weakened, perhaps terminally; the world’s two economic superpowers are locked in deep, politicized disputes; the forces of populism and nationalism are everywhere complicating the return to a more liberal, rules-based order. These trends are challenging one of the building blocks of ASEAN economic development, namely these countries’ outward-looking trade and investment policies. With impeccable timing this important volume by a group of eminent authors assesses these issues with reference to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. The CPTPP excludes the three largest traders—China, the EU and the US—but it is a welcome second-best initiative that may have broader, positive ripple effects. This is the volume to read to gain a deeper understanding of the many complex issues at play." -- Hal Hill, H.W. Arndt Professor Emeritus of Southeast Asian Economies, College of Asia & the Pacific, Australian National University

The Trans-Pacific Partnership

The Trans-Pacific Partnership PDF Author: C. L. Lim
Publisher: Cambridge University Press
ISBN: 1107028663
Category : Business & Economics
Languages : en
Pages : 357

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Book Description
The Trans-Pacific Partnership (TPP) talks attempt to link together at least nine countries in three continents to create a 'high-quality, twenty-first century agreement'. Such an agreement is intended to open markets to competition between the partners more than ever before in sectors ranging from goods and services to investment, and includes rigorous rules in the fields of intellectual property, labour protection and environmental conservation. The TPP also aims to improve regulatory coherence, enhance production supply chains and help boost small and medium-sized enterprises. It could transform relations with regions such as Latin America, paving the way to an eventual Free Trade Area of the Asia Pacific, or see innovations translated into the global trade regulatory system operating under the WTO. However, given the tensions between strategic and economic concerns, the final deal could still collapse into something closer to a standard, 'twentieth-century' trade agreement.

Trans-Pacific Partnership: An Assessment

Trans-Pacific Partnership: An Assessment PDF Author: Cathleen Cimino-Isaacs
Publisher: Peterson Institute for International Economics
ISBN: 088132714X
Category : Business & Economics
Languages : en
Pages : 369

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Book Description
The Trans-Pacific Partnership (TPP) between 12 Pacific Rim countries has generated the most intensive political debate about the role of trade in the United States in a generation. The TPP is one of the broadest and most progressive free trade agreements since the North American Free Trade Agreement (NAFTA). The essays in this Policy Analysis provide estimates of the TPP's benefits and costs and analyze more than 20 issues in the agreement, including environmental and labor standards, tariff schedules, investment and competition policy, intellectual property, ecommerce, services and financial services, government procurement, dispute settlement, and agriculture. Through extensive analysis of the TPP text, PIIE scholars present an indispensable and detailed "reader's guide" that also sheds light on the agreement's merits and shortcomings. In Rich People Poor Countries, Caroline Freund identifies and analyzes nearly 700 emerging-market billionaires whose net worth adds up to more than $2 trillion. Freund finds that these titans of industry are propelling poor countries out of their small-scale production and agricultural past and into a future of multinational industry and service-based mega firms. And more often than not, the new billionaires are using their newfound acumen to navigate the globalized economy, without necessarily relying on political connections, inheritance, or privileged access to resources. This story of emerging-market billionaires and the global businesses they create dramatically illuminates the process of industrialization in the modern world economy.

China 2049

China 2049 PDF Author: David Dollar
Publisher: Brookings Institution Press
ISBN: 0815738064
Category : Political Science
Languages : en
Pages : 444

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Book Description
How will China reform its economy as it aspires to become the next economic superpower? It's clear that China is the world's next economic superpower. But what isn't so clear is how China will get there by the middle of this century. It now faces tremendous challenges such as fostering innovation, dealing with ageing problem and coping with a less accommodative global environment. In this book, economists from China's leading university and America's best-known think tank offer in depth analyses of these challenges. Does China have enough talent and right policy and institutional mix to transit from input-driven to innovation-driven economy? What does ageing mean, in terms of labor supply, consumption demand and social welfare expenditure? Can China contain the environmental and climate change risks? How should the financial system be transformed in order to continuously support economic growth and keep financial risks under control? What fiscal reforms are required in order to balance between economic efficiency and social harmony? What roles should the state-owned enterprises play in the future Chinese economy? In addition, how will technological competition between the United States and China affect each country's development? Will the Chinese yuan emerge as a major reserve currency, and would this destabilize the international financial system? What will be China's role in the international economic institutions? And will the United States and other established powers accept a growing role for China and the rest of the developing world in the governance of global institutions such as the World Trade Organization and the International Monetary Fund, or will the world devolve into competing blocs? This book provides unique insights into independent analyses and policy recommendations by a group of top Chinese and American scholars. Whether China succeeds or fails in economic reform will have a large impact, not just on China's development, but also on stability and prosperity for the whole world.

Understanding the Trans-Pacific Partnership

Understanding the Trans-Pacific Partnership PDF Author: Jeffrey J. Schott
Publisher: Peterson Institute
ISBN: 0881326739
Category : Business & Economics
Languages : en
Pages : 87

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Book Description
The Trans-Pacific Partnership (TPP) is a big deal in the making. With the Doha Round of multilateral trade negotiations at an impasse, the TPP negotiations have taken center stage as the most significant trade initiative of the 21st century. As of December 2012, negotiators have made extensive progress in 15 negotiating rounds since the talks began in March 2010, though hard work remains to finish the deal in the coming year or so. Despite this effort, however, the TPP is not well understood. In part, the reason lies in the dynamism of the TPP initiative. Unlike other free trade pacts, the growing membership as the talks have proceeded and the broad range, complexity, and novelty of the issues on the agenda have made it difficult to track the substantive detail and progress of the talks. This Policy Analysis aims to remedy this problem by providing a reader's guide to the TPP initiative. It first assesses how much the TPP countries are alike and like-minded in their pursuit of a comprehensive trade deal. It then examines the current status of the talks, the major substantive sticking points, and the implications of Canada and Mexico joining the talks as well as prospective membership of other countries. The Policy Analysis then looks ahead to how the TPP could advance economic integration in the Asia-Pacific region and the implications for trade relations with China.

Emerging Global Trade Governance

Emerging Global Trade Governance PDF Author: Lurong Chen
Publisher: Routledge
ISBN: 1351051288
Category : Business & Economics
Languages : en
Pages : 292

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Book Description
Mega free trade agreements (FTAs) are being formed to fill the gap created by new developments in global governance and are reshaping the world economic order. The Trans-Pacific Partnership (TPP) agreement is one of such 21st century FTAs. This book highlights three trade-related issues covered by the TPP that greatly concern emerging countries – investment, intellectual property rights (IPR), and state-owned enterprises (SOEs). It contains rigorous economic, legal, and political analyses on the final text of the agreement, combined with country-specific policy discussions focusing on Indonesia, the Philippines, Thailand, and Viet Nam, giving readers insights on the establishment of global rules and regulations for 21st century trade. The book also outlines the requirements for emerging Asian countries to better formulate trade policies in the new era of international trade and promote regional integration in ASEAN and East Asia.

Intellectual Property Law in South East Asia

Intellectual Property Law in South East Asia PDF Author: Christoph Antons
Publisher: Edward Elgar Publishing
ISBN: 1035308398
Category : Law
Languages : en
Pages : 449

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Book Description
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.