دانلود کتاب The Future of Asian Trade Deals and IP

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Cover\nTitle Page\nCopyright Page\nTable of Contents\nList of Contributors\n1. Introduction: The Intersection between Intellectual Property Rights and Free Trade Agreements\n Part I. From TPP/CPTPP to RCEP\n Part II. Investor-State Arbitration and Intellectual Property\n Part III. Improving the National, Regional (CPTPP/RCEP) and Global IP Provisions\n Acknowledgements\nPART I: FROM TPP/CPTPP TO RCEP\n 2. Selecting the Right Representatives to Participate in Trade Negotiations: A New Model of Multi-Stakeholder Involvement for Future Plurilateral Free Trade Agreement Negotiations\n I. Secrecy and Confidentiality and Lack of Inclusivity in Trade Negotiations\n II. Who Sits at the Negotiating Table?\n III. Examples of Stakeholder Involvement in Recent Trade Negotiations\n IV. A New Model of Multi-stakeholder Involvement: EU (TTIP) + RCEP\n V. Lessons to be Learned from the ACTA\n VI. Examples of Stakeholders Who Should Participate in Future Trade Negotiations\n VII. Conclusion\n 3. Trade Strategies and Power Games between China, the US and India\n I. Introduction\n II. From Rule-based World Trade Order Back to Power Games\n III. China’s Trade Strategy\n IV. Trade Strategy of the US\n V. Trade Relations between the US, China and India\n VI. Looking Forward\n 4. The Future of China’s Trade Pact and Intellectual Property Rights\n I. Introduction\n II. Taking Stock: China’s IP Practices in the WTO Context\n III. Looking Forward: China’s Approaches to IPR in Mega-Regionalism\n IV. Conclusion\n 5. The RCEP Negotiations and Asian Intellectual Property Norm Setters\n I. Introduction\n II. The Evolving RCEP Negotiations\n III. The RCEP Intellectual Property Chapter\n IV. The CPTPP and the RCEP Negotiations\n V. Asian Intellectual Property Norm Setters\n VI. Conclusion\nPART II: INVESTOR-STATE ARBITRATION AND INTELLECTUAL PROPERTY\n 6. Recalibrating the Balance in International Investment Agreements\n I. Introduction\n II. General Exceptions\n III. Investors’ Obligations and Corporate Social Responsibility\n IV. Conclusion\n 7. Issuance of Compulsory Patent Licences and Expropriation in Asian BITs and FTA Investment Chapters\n I. Introduction\n II. Expropriation under International Investment Law\n III. FTA Investment Chapters and Bits Exempting Issuance of CPLs from the Ambit of Expropriation\n IV. BITs with No Reference to Issuance of CPLs\n V. Conclusion\nPART III: IMPROVING THE IP PROVISIONS OF CPTPP/RCEP AND REDEFINING GLOBAL IP NORMS\n 8. Will RCEP Redefine Norms Related to Pre-grant Opposition and Experimental Use Exceptions in International Patent Law?\n I. Introduction\n II. Pre-grant Oppositions as a Filter to Improve Patent Quality\n III. The Experimental Use Exceptions and its Policy Justification\n IV. Conclusion: Will Asia Lead the Conversation on a More Balanced International Patent Law?\n 9. Patent Term Extension in the Pharmaceutical Sector: An Asian Comparative Perspective\n I. Introduction\n II. Initiation and Rationale of PTE\n III. PTE in the US and SPC in the EU\n IV. Laws and Practice Concerning PTE in Japan, Korea and Taiwan\n V. PTE in the Context of CPTPP and TPP\n VI. Recommendations for China’s PTE\n VII. Conclusion\n 10. Mitigating the Impacts of Patent Linkage on Access to Medicine: Some Asian Experiences and Suggestions\n I. Introduction\n II. PL Mechanism\n III. Different Challenges under Different Domestic Circumstances in Asia\n IV. Implementation of PL in Singapore, South Korea and Taiwan\n V. Suggestions: Turning Challenge into Opportunity\n 11. Intellectual Property in Plant Material and Free Trade Agreements in Asia\n I. The Expansion of Intellectual Property in Agriculture and the Role of Free Trade Agreements\n II. The Origins of Intellectual Property Rights in Plant Material and the Development of the UPOV Convention\n III. The Influence of Article 27.3.B. TRIPS and the Expansion of UPOV\n IV. The Push for Patents on Plants and Plant Material\n V. Intellectual Property in Plant Material in the RCEP and TPP\n VI. Intellectual Property in Plant Material in Bilateral Free Trade Agreements\n VII. Agreements that Stress Exceptions and Cooperation\n VIII. Options for Intellectual Property Policy Making in this Field and FTA Negotiations in Developing Countries\n IX. Conclusion\n 12. Pre-established Damages for Copyright Infringement and Trademark Counterfeiting: Suggestions for CPTPP/RCEP Based on Some Asian Experiences\n I. Introduction\n II. The Origin of the Pre-established Damagesfor Copyright Infringement and Trademark Counterfeiting in the US\n III. Critiques of Pre-established Damages for Copyright Infringement and Trademark Counterfeiting\n IV. Suggestions for TPP/CPTPP and RCEP\n 13. Liberalizing Use of the Three-Step Test and Copyright Limitations in the Public Interest\n I. Introduction\n II. Overreach of the Three-Step Test\n III. New Approach to Crafting Limitations on Copyright Under Trade Agreements\n IV. Paths to Achieving Liberal Application of the Three-Step Test\n V. Conclusion\nIndex