Competition Law, Technology Transfer and the TRIPS Agreement - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Competition Law, Technology Transfer and the TRIPS Agreement write by Tu Thanh Nguyen. This book was released on 2010-01-01. Competition Law, Technology Transfer and the TRIPS Agreement available in PDF, EPUB and Kindle. The book deals with a difficult subject with an assured touch and will be a valuable text for postgraduate students, policy-makers and practitioners. European Intellectual Property Review This is the first ever book that addresses the important issue of the competition law, intellectual property and trade interface in a developing world context. The book s unique contribution is a set of comparative case studies on this complex interface. D. Daniel Sokol, University of Florida Levin College of Law, US The book investigates competition law and international technology transfer in the light of the TRIPS Agreement and the experience of both developed and developing countries. On that basis, it draws relevant implications for developing countries. Tu Thanh Nguyen argues that technology transfer-related competition law should be glocalized appropriately for the needs of local contexts, while intellectual property rights (IPR) are globalized. The book reveals that developing countries, according to the TRIPS Agreement, have the right to use domestic competition law to promote access to technology in order to protect national interests and consumer welfare. However, competition law is antitrust. It is neither anti-IPR nor anti-trade. The author finds that developing countries with limited competition law resources should set realistic priorities for the control of technology transfer-related anti-competitive practices. They can reasonably apply and adapt relevant regulations, decisions and judgments from developed country jurisdictions to their own circumstances. Competition Law, Technology Transfer and the TRIPs Agreement is a timely resource for postgraduate students, practitioners, and scholars in international competition law, IPR, and technology transfer. Policymakers in the field of technology transfer-related competition law/policy, especially in developing countries, will also find this book invaluable.
Competition Law in Technology Transfer Under the TRIPS Agreement
Competition Law in Technology Transfer Under the TRIPS Agreement - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Competition Law in Technology Transfer Under the TRIPS Agreement write by Tu T. Nguyen. This book was released on 2014. Competition Law in Technology Transfer Under the TRIPS Agreement available in PDF, EPUB and Kindle. The TRIPS Agreement allows WTO Members to enact and apply appropriate domestic competition law to address IPR-related anti-competitive practices. However, these flexibilities in the TRIPS Agreement do not provide any specific guidance for WTO Members. The application of domestic competition law to IPR abuses in technology transfer varies a great deal between developed and developing countries, and even among the developed countries themselves. The application requires the establishment of a sophisticated legal infrastructure. This is not a simple matter for developing countries. Intellectual property law allows for the creation of a market which welcomes innovation, the commercialization of such innovation, and technology transfer. Competition law then regulates this market. A strong intellectual property regime needs to be accompanied by strong competition rules. Developing countries generally under-enforce their competition legislation in this area, even though they are net importers of technology. They have to comply with high standards of intellectual property protection under the TRIPS Agreement, or even the TRIPS-plus standards. But they appear not to make use of the competition flexibilities in the TRIPS Agreement to promote access to technology and control anti-competitive conduct in inward technology transfer. Analyses of technology transfer-related competition law in developing countries in general, and Vietnam in particular, together with the experience of the US and the EU, provide useful insights. In principle, domestic competition law should be used to promote access to technology. Developing countries can reasonably apply and adapt relevant decisions and judgments from developed country jurisdictions to their own circumstances. While IPRs are globalized, technology transfer-related competition law should be glocalized suitably for the needs of local contexts. In this respect, developing countries should evaluate the obstacles, both internal and external, in order to select appropriate strategies. It must, however, be remembered that competition law is antitrust. It is neither anti-IPR nor anti-trade. Developing countries with limited competition law resources should set realistic priorities for the control of technology transfer-related anti-competitive practices. The focus should be on the areas of refusal to license, excessive pricing of technology-embodied products, tying, and use restrictions. At the international level, issues relating to technology transfer-related competition law, and competition law in general, should be on the agenda of a post-Doha negotiation round in the WTO.
Competition Law, Technology Transfer and the TRIPS Agreement
Competition Law, Technology Transfer and the TRIPS Agreement - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Competition Law, Technology Transfer and the TRIPS Agreement write by Dr. Tú Thanh Nguyễn. This book was released on 2010. Competition Law, Technology Transfer and the TRIPS Agreement available in PDF, EPUB and Kindle. `This is the first ever book that addresses the important issue of the competition law, intellectual property and trade interface in a developing world context. The book's unique contribution is a set of comparative case studies on this complex interface.' ---D. Daniel Sokol, University of Florida Levin College of Law, USA The book investigates competition law and international technology transfer in the light of the TRIPS Agreement and the experience of both developed and developing countries. On that basis, it draws relevant implications for developing countries. Tu Thanh Nguyen argues that technology transfer-related competition law should be `glocalized' appropriately for the needs of local contexts, while intellectual property rights (IPRs) are globalized. The book reveals that developing countries, according to the TRIPS Agreement, have the right to use domestic competition law to promote access to technology in order to protect national interests and consumer welfare. However, competition law is antitrust. It is neither anti-IPR nor anti-trade. The author finds that developing countries with limited competition law resources should set realistic priorities for the control of technology transfer-related anti-competitive practices. They can reasonably apply and adapt relevant regulations, decisions and judgments from developed country jurisdictions to their own circumstances. Competition Law, Technology Transfer and the TRIPS Agreement is a timely resource for postgraduate students, practitioners, and scholars in international competition law, IPR, and technology transfer. Policymakers in the field of technology transfer-related competition law/policy, especially in developing countries, will also find this book invaluable.
Competition Law in Technology Transfer Under the TRIPS Agreement
Competition Law in Technology Transfer Under the TRIPS Agreement - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Competition Law in Technology Transfer Under the TRIPS Agreement write by Tu Thanh Nguyen. This book was released on 2009. Competition Law in Technology Transfer Under the TRIPS Agreement available in PDF, EPUB and Kindle. The book investigates competition law and international technology transfer in the light of the TRIPS Agreement and the experience of both developed and developing countries. On that basis, it draws relevant implications for developing countries
Competition Law in Technology Transfer Under the TRIPS Agreement
Competition Law in Technology Transfer Under the TRIPS Agreement - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Competition Law in Technology Transfer Under the TRIPS Agreement write by . This book was released on 2007. Competition Law in Technology Transfer Under the TRIPS Agreement available in PDF, EPUB and Kindle.
