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Intellectual Property Enforcement

International Perspectives Edited by Xuan Li, Senior Policy Officer, Regional Office for Asia and the Pacific Food and Agriculture Organization of the United Nations (FAO) and Carlos M. Correa, Professor and Director, Centre for Interdisciplinary Studies on Industrial Property and Economics (CEIDIE), Law Faculty, University of Buenos Aires, Argentina
The enforcement of TRIPS-plus standards on Intellectual Property (IP) has become one of the most significant challenges for developing countries in recent years. This book is the first initiative linking IP enforcement and development, which fundamentally differs from the approach and perspective of developed countries.
Extent: 264 pp
Hardback Price: $146.00 Web: $131.40
Publication Date: 2009
ISBN: 978 1 84844 652 6
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Paperback Price: $56.00 Web: $44.80
Publication Date: 2009
ISBN: 978 1 84844 663 2
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  • Development Studies
  • Development Studies
  • Law - Academic
  • Intellectual Property Law
The enforcement of TRIPS-plus standards on Intellectual Property (IP) has become one of the most significant challenges for developing countries in recent years. This book is the first initiative linking IP enforcement and development, which fundamentally differs from the approach and perspective of developed countries.

The editors encourage developing countries to address the emerging challenges in IP enforcement initiatives at various international forums, and to devise appropriate national policies and legislation on IP enforcement, in accordance with international treaties. The book examines the trend towards increasing global IP enforcement, recent case law developments, abuse of IP enforcement procedures, and provides strategic considerations and recommendations for developing countries.

With an interdisciplinary approach Intellectual Property Enforcement will be a must-read for scholars, experts and students of international relations, government officials and negotiators and companies engaged in IP enforcement activities.
Contributors: Y. Chen, H. Choer Moraes, C.M. Correa, H. Grosse Ruse-Khan, X. Li, V. Muñoz Tellez, J.D. Sarnoff, H. Xue
Contents:

Preface

PART I: THE IP ENFORCEMENT DEBATE
1. The Changing Global Governance of Intellectual Property Enforcement: A New Challenge for Developing Countries
Viviana Muñoz Tellez

2. Ten General Misconceptions About the Enforcement of Intellectual Property Rights
Xuan Li

3. Re-delineation of the Role of Stakeholders: IP Enforcement Beyond Exclusive Rights
Henning Grosse Ruse-Khan

4. WCO SECURE: Legal and Economic Assessments of the TRIPS-plus-plus IP Enforcement
Xuan Li

PART II: CASES AND DEVELOPMENTS ON IP ENFORCEMENT
5. Enforcing Border Measures: Importation of GMO Soybean Meal from Argentina
Carlos M. Correa

6. Flexible Application of Injunctive Relief in Intellectual Property Enforcement (with Reference to Lessons from the Emerging US Jurisprudence)
Joshua D. Sarnoff

7. Enforcement for Development: Why Not an Agenda for the Developing World?
Hong Xue

PART III: STRATEGIC CONSIDERATIONS TO ADDRESS THE CHALLENGES
8. Dealing with Forum Shopping: Some Lessons from the SECURE Negotiations at the World Customs Organization
Henrique Choer Moraes

9. Ensuring the Benefits of Intellectual Property Rights to Development: A Competition Policy Perspective
Yusong Chen

10. Towards a Development Approach on IP Enforcement: Conclusions and Strategic Recommendations
Xuan Li and Carlos M. Correa

Bibliography

Index