Competition Law, Technology Transfer and the TRIPS - download pdf or read online

By Tu Thanh Nguyen

ISBN-10: 1849801258

ISBN-13: 9781849801256

The e-book investigates festival legislation and overseas expertise move within the mild of the journeys contract and the event of either constructed and constructing nations. On that foundation, it attracts appropriate implications for constructing international locations. Tu Thanh Nguyen argues that expertise transfer-related festival legislation might be 'glocalized' effectively for the desires of neighborhood contexts, whereas highbrow estate rights (IPR) are globalized. The booklet unearths that constructing nations, in response to the journeys contract, have definitely the right to take advantage of family pageant legislation to advertise entry to know-how with a purpose to guard nationwide pursuits and purchaser welfare. besides the fact that, pageant legislations is antitrust. it's neither anti-IPR nor anti-trade. the writer unearths that constructing international locations with constrained pageant legislation assets should still set life like priorities for the keep watch over of know-how transfer-related anti-competitive practices. they could quite observe and adapt suitable laws, judgements and judgments from built kingdom jurisdictions to their very own situations. pageant legislations, expertise move and the journeys contract is a well timed source for postgraduate scholars, practitioners, and students in overseas festival legislations, IPR, and know-how move. Policymakers within the box of expertise transfer-related pageant law/policy, specially in constructing international locations, also will locate this e-book precious.

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141 Canada – Pharmaceutical Patent, supra note 112, para. 92. 30 Competition law, technology transfer and the TRIPS Agreement country Members, actually takes place when IP protection merely provides a platform for technology transfer but does not guarantee the transfer in practice. Technology transfer, as noted, varies from one country to another and depends on many factors. However, within the scope of an IP regime, to some extent the existing provisions of the TRIPS Agreement can provide some possible solutions to this issue.

2. 149 Nevertheless, it is important to see 146 WTO (2003), ‘Decision of the General Council of 30 August 2003 on Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health’, WT/L/540. 147 WTO (2005), ‘Amendment of the TRIPS Agreement’, WT/L/641. 148 Para. 7 of the Doha Declaration on the TRIPS Agreement and Public Health, supra note 140; WTO (2001), ‘Decision on Implementation-Related Issues and Concerns’, WT/MIN(01)/17, para. 2. 2 of the TRIPS Agreement’, IP/C/28.

J. Evenett (eds), Competition Policy and Development in Asia, Basingstoke: Palgrave Macmillan, p. 3. 155 Masoudi, Gerald F. pdf. 34 Competition law, technology transfer and the TRIPS Agreement requires the maximization of the use of a given amount of resources. Static efficiency consists of productive efficiency and allocative efficiency. e. at the lowest possible cost-level. e. marginal cost. This means that static efficiency is expressed mainly through the competition parameters of price and quantity.

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Competition Law, Technology Transfer and the TRIPS Agreement: Implications for Developing Countries by Tu Thanh Nguyen


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