A complete picture and thorough analysis of the international norms and bodies dealing with the enforcement of intellectual property rights.

This book presents a critical examination of the policy space in international intellectual property law through the unique lens of glocalisation. It further highlights the role that the WTO’s adjudicatory bodies play in preserving this space in international IP law.

Despite the economic relevance of trade secrets, their legal protection is not based on a robust theoretical corpus, and a large uncertainty remains regarding how they should be legally apprehended. The present book investigates the foundations of their legal protection by assessing its justifications and aims to define how this legal apprehension should be organized. The book starts with a comparative analysis of the US and the EU legal frameworks. It demonstrates the parentship existing between the two systems of protection and highlights that the incremental structuring of trade secrets protection has led to legal systems lacking broad-based conceptual foundations. In both legal orders, trade secrets rely on blurred protection, formally anchored in unfair competition, the strength of which, however, comes closer to that offered by intellectual property law. In this convoluted architecture, the judiciary is required to play a decisive role, especially at the enforcement stage. However, the absence of clarity concerning the telos of trade secrets protection leads to legal uncertainty, potentially incoherent enforcement, and, all in all, to inefficient outcomes from a welfare perspective. The book then explores a theoretical framework based on a distinction between two legal objects: the undertakings’ secret sphere and secret pieces of information. Securing the undertakings’ secret sphere appears as a condition for the competition process to happen in an economy working under structural uncertainty. It requires objective regulations enforced by public authorities. On the other hand, the legal apprehension of secret pieces of information should be considered as falling within the realm of immaterial goods regulation aiming to solve the deficit of marketability of this type of good. This might call – after conducting a careful policy trade-off – for the establishment of relative (i.e. inter partes) subjective rights.

. . . a lovely little book which is full of telling points. Read it and you won t be disappointed. Jeremy Phillips, IPkat.com Meir Pugatch has done an excellent job by assembling an international and diverse cast of contributing authors, who have offered new insights into a broad span of the most pressing IP-related issues. . . a collection of high quality articles by eminent authorities on IPR is very useful for scholars in the academic fields of law, practitioners, and government officials interested in the field of international trade and intellectual property policy; intellectual property law, technology transfer and valuation and international business. Madhu Sahni, Journal of Intellectual Property Rights Intellectual property (IP) has become one of the most influential and controversial issues in today s knowledge-based society. This challenging book exposes the reader to key issues at the heart of the public debate now taking place in the field of IP. It considers IP at the macro level where it affects many issues. These include: international trade policy, ownership of breakthrough technologies, foreign direct investment, innovation climates, public private partnerships, competition rules and public health where it is strongly embedded in contemporary business decision making. Meir Pugatch has assembled an international and diverse cast of contributing authors, who offer new insights into a broad span of the most pressing IP-related issues. They shed light on the increasing dominance of IP in the design and execution of basic and applied research, the evaluation of intangible assets, and the protection and management of knowledge assets, underscoring its importance in relation to national economic development strategies and business strategies of knowledge-based industries and companies. The Intellectual Property Debate will appeal to scholars, practitioners, and government officials interested in the fields of international trade and intellectual property policy, intellectual property law, technology transfer and valuation, and international business.

It has become a commonplace that there has been an information revolution, transforming both society and the economy. In 1995 the Trade Related Intellectual Property (TRIPs) agreement aimed to harmonise protection for property in knowledge throughout the global system. This book considers the contemporary disputes about the ownership of knowledge resources - as in the cases of genetically modified foods, the music industry or the internet - and the problematic nature of the TRIPs agreement. In this highly topical book, Christopher May reveals that, because of such problems, at present the balance in intellectual property rights between public good and private reward is more often than not weighted towards the latter.

Across an amazing sweep of the critical areas of business regulation - from contract, intellectual property and corporations law, to trade, telecommunications, labour standards, drugs, food, transport and environment - this book confronts the question of how the regulation of business has shifted from national to global institutions. Based on interviews with 500 international leaders in business and government, this book examines the role played by global institutions such as the WTO, the OECD, IMF, Moody's and the World Bank, as well as various NGOs and significant individuals. The authors argue that effective and decent global regulation depends on the determination of individuals to engage with powerful agendas and decision-making bodies that would otherwise be dominated by concentrated economic interests. This book will become a standard reference for readers in business, law, politics and international relations.

This book tells a series of living stories about a domain of social activity, “the work and play of the mind,” in a particular historical epoch: the “information age.” The stories concern political processes and movements as varied as the World Trade Organization’s Trade-Related Aspects of Intellectual Property Rights, China’s Great Firewall, practices of image sharing in social media, Occupy Wall Street, The Arab Spring, The Alt-Right, and the use of geographical indications by indigenous peoples and farmers to defend their lifestyles. In its theoretical analysis, the book illuminates four alternative political agendas for the work and play of the mind. These four “propertyscapes” represent competing visions for social life, framing projects for collective political action that are at times competing, at times overlapping. The author prompts us to consider whose property is the work and play of the mind, as well as addressing larger questions regarding the framing of political space, the kinds of political communities we may need for the future, and the changing place of the work and play of the mind within these social imaginaries. The book will be of interest to students and scholars across a range of disciplines including media and communications, arts and design, law, politics and interdisciplinary social sciences.

How is food political? : market, state, and knowledge / Ronald J. Herring -- Science, politics, and the framing of modern agricultural technologies / John Harriss, Drew Stewart -- Genetically improved crops / Martina Newell-McGloughlin -- Agroecological intensification of smallholder farming / Rebecca Nelson, Robert Coe -- The hardest case : what blocks improvements in agriculture in Africa? / Robert L. Paarlberg -- The poor, malnutrition, biofortification, and biotechnology / Alexander J. Stein -- Biofuels : competition for land, resources, and political subsidies / David Pimentel, Michael Burgess -- Alternative paths to food security / Norman Uphoff -- Ethics of food production and consumption / Michiel Korthals -- Food, justice, and land / Saturnino M. Borras Jr., Jennifer C. Franco -- Food security, productivity, and gender inequality / Bina Agarwal -- Delivering food subsidy : the state and the market / Ashok Kotwal, Bharat Ramaswami -- Diets, nutrition, and poverty : lessons from India / Raghav Gaiha, Raghbendra Jha, Vani S. Kulkarni, Nidhi Kaicker -- Food price and trade policy biases : inefficient, inequitable, yet not inevitable / Kym Andersen -- Intellectual property rights and the politics of food / Krishna Ravi Srinivas -- Is food the answer to malnutrition / David E. Sahn -- Fighting mother nature with biotechnology / Alan McHughen -- Climate change and agriculture : countering doomsday scenarios / Derrill D. Watson II -- Wild foods / Jules Pretty, Zareen Bharucha -- Livestock in the food debate / Purvi Mehta-Bhatt, Paulo Ficarelli -- The social vision of the alternative food movement / Siddhartha Shome -- Food values beyond nutrition / Ann Grodzins Gold -- Cultural politics of food safety : genetically modified food in japan, France, and the United States / Kyoko Sato -- Food safety / Bruce M. Chassy -- The politics of food labeling and certification / Emily Clough -- The politics of grocery shopping: eating, voting, and (possibly) transforming the food system / Josée Johnston, Norah MacKendrick -- The political economy of regulation of biotechnology in agriculture / Gregory D. Graff, Gal Hochman, David Zilberman -- Coexistence in the fields? : GM, organic, and conventional food crops / Janice Thies -- Global movements for food justice / M. Jahi Chappell -- The rise of the organic foods movement as a transnational phenomenon / Tomas Larsson -- The dialectic of pro-poor papaya / Sarah Davidson Evanega, Mark Lynas -- Thinking the African food crisis : the Sahel forty years on / Michael J. Watts -- Transformation of the agrifood industry in developing countries / Thomas Reardon, C. Peter Timmer -- The twenty-first century agricultural land rush / Gregory Thaler -- Agricultural futures : the politics of knowledge / Ian Scoones

A complete picture and thorough analysis of the international norms and bodies dealing with the enforcement of intellectual property rights

When the TRIPS Agreement was concluded in 1994, many saw it as embodying a new gold standard of intellectual property protection that not only reformed the Paris and Berne Conventions but also made further IP agreements unnecessary. Although this optimistic vision has eroded – obligations to protect IP rights can now be found in trade agreements and can be enforced before domestic courts and investor–state tribunals – the Agreement continues to pervade trends and developments in international law, not only in IP but in trade law also. This comprehensive commentary on the past, present, and future of the Agreement focuses on its influence on key topics in IP as well as on enforcement and dispute resolution. The editors have assembled a group of renowned IP law practitioners and academics who, taking each area of IP law, in turn, show the extent to which TRIPS provisions have survived, expanded, or been supplanted by other bodies. Their analysis covers the different IP rights addressed in the TRIPS Agreement (copyrights; trade marks; geographical indications; patents; data protection and enforcement) both in historical perspective and in their development in the last 25 years. An additional three chapters cover: most-favoured-nation obligations in regard of subsequent free trade agreements; how societal interests alter the interpretation of TRIPS obligations; the judicial role in the WTO panels and Appellate Body; minimum standards and reduction of flexibilities in IP policy; relationship of WTO/TRIPS with other international agreements. As intellectual property becomes more pervasive in society than ever before – and as both technology related to the use of IP and the way protected works are consumed have changed beyond recognition over the past 25 years – jurists, academics, and practitioners in IP and trade law will welcome this unique opportunity to test the true scope of national sovereignty in the interpretation of intellectual property rights.