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The WTO, Intellectual Property, E-Commerce and the Internet

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The WTO, Intellectual Property, E-Commerce and the Internet

9781843766193 Edward Elgar Publishing
Edited by Rohan Kariyawasam BSc, MA, Fulbright Cert (Harvard), Solicitor, FRSA and Anglia Ruskin University, UK
Publication Date: 2009 ISBN: 978 1 84376 619 3 Extent: 1,016 pp
In the face of an increasing threat from separate bilateral trade negotiations the World Trade Organization (WTO), more than any other international institution, is set to have a significant impact on the trade in technology in the decade ahead. Alert to this potential, Rohan Kariyawasam brings together articles on international economic law and policy that touch on issues as diverse as telecommunications, e-commerce, information technology and technology transfer. This two-volume set navigates an innovative discussion of these sectors, their effect on international trade and the role of the WTO in promoting the worldwide trade of electronic goods and services. The papers will have relevance for regulators, lawyers advising both in private practice and in-house, academics, students and those in the NGO sector with an interest in trade and technology.

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Critical Acclaim
Contributors
Contents
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In the face of an increasing threat from separate bilateral trade negotiations the World Trade Organization (WTO), more than any other international institution, is set to have a significant impact on the trade in technology in the decade ahead. Alert to this potential, Rohan Kariyawasam brings together articles on international economic law and policy that touch on issues as diverse as telecommunications, e-commerce, information technology and technology transfer. This two-volume set navigates an innovative discussion of these sectors, their effect on international trade and the role of the WTO in promoting the worldwide trade of electronic goods and services. The papers will have relevance for regulators, lawyers advising both in private practice and in-house, academics, students and those in the NGO sector with an interest in trade and technology.
Critical Acclaim
‘The selection of chapters is guaranteed to provide not just a multi-dimensional view of the WTO’s real and perceived roles, and the aspirations which many people held for it, but also an historical view, with chapters going back to the mid-to-late 1990s. . . The cast of contributors is stellar, and more than a few of the “usual suspects” will be found between the covers. . . Well done, says the IPKat!’
– IPKat.com

‘. . . will appeal to academics and policy-makers with a specific interest in the potential impact of the WTO on the trade in technology in the decade ahead.’
– Australian Intellectual Property Law Bulletin

‘This book affords an important survey of modern legal scholarship on international telecommunications and e-commerce. It will prove valuable to academics and policymakers who follow the challenging new issues in these highly dynamic industries.’
– Alan O. Sykes, Stanford University, US

‘This volume is an excellent selection of articles on “new generation” agreements that have been negotiated during the Uruguay round. These agreements, often at the intersection of trade and competition provide a challenge for the WTO judge who is called on to interpret them. Wisely the editor has selected papers regarding the treatment of similar issues in regional (more experienced) fora as well, that can provide useful guidance for the WTO judge. It is a great collection of papers, a highly useful volume for all those interested in the WTO.’
– Petros C. Mavroidis, Columbia Law School, New York and University of Neuchâtel, Switzerland
Contributors
37 articles, dating from 1995 to 2007
Contributors include: M. Bronckers, C. Correa, P. Drahos, H. Hauser, C. Mann, M. Naftel, A. Panagariya, L. Tuthill, B. Wellenius, S. Wusch-Vincent
Contents
Contents:

Volume I

Acknowledgements

Introduction Rohan Kariyawasam

PART I WTO, TELECOMMUNICATIONS AND ANTITRUST
1. Wonki Min (2000), ‘Telecommunications Regulations: Institutional Structures and Responsibilities’
2. Yoshiko Kurisaki (1995), ‘The Changing Role of Telecommunications in the Economy: Globalisation and Its Impact on National Telecommunications Policy’
3. Rohan Kariyawasam (2007), ‘International Telecommunications’
4. Peter L. Smith and Björn Wellenius (1999), ‘Mitigating Regulatory Risk in Telecommunications’
5. Marco C.E.J. Bronckers and Pierre Larouche (1997), ‘Telecommunication Services and the World Trade Organization’
6. Lee Tuthill (1996), ‘Users’ Rights? The Multilateral Rules on Access to Telecommunications’
7. Lee Tuthill (1997), ‘The GATS and New Rules for Regulators’
8. Mark Naftel and Lawrence J. Spiwak (2000), ‘The WTO and the Reference Paper: An Ostensible Blueprint for Entry’
9. Markus Fredebeul-Krein and Andreas Freytag (1997), ‘Telecommunications and WTO Discipline: An Assessment of the WTO Agreement on Telecommunication Services’
10. Timothy Denton (2002), ‘Protocol Interfaces Are the New Bottlenecks: What the Internet Means for Telecom Regulation’
11. Rohan Kariyawasam (2005), ‘Defining Dominance for Bits and Bytes: A New “Layering Theory” for Interpreting Significant Market Power?’
12. Sonali Singh (2006), ‘The Telmex Dispute at the WTO: Competition Makes a Backdoor Entry’
13. Eleanor M. Fox (2006), ‘The WTO’s First Antitrust Case – Mexican Telecom: A Sleeping Victory for Trade and Competition’

PART II THE CLASSIFICATION OF ELECTRONIC INTANGIBLES IN THE WTO
14. Peter Hill (1999), ‘Tangibles, Intangibles and Services: A New Taxonomy for the Classification of Output’
15. Rohan Kariyawasam (2007), ‘The Classification of Electronic Intangibles in the WTO’
16. Claude E. Barfield (2003), ‘Electronic Commerce and the Gats Negotiations’
17. Harald Sander (2003), ‘Electronic Commerce and Gats Negotiation (Some Comments on a Paper by Claude E. Barfield)’
18. Sacha Wunsch-Vincent (2006), ‘The Internet, Cross-Border Trade in Services, and the GATS: Lessons from US-Gambling’
19. Federico Ortino (2006), ‘Treaty Interpretation and the WTO Appellate Body Report in US – Gambling: A Critique’
20. Mariá Verónica Pérez Asinari (2006), ‘Internet Gambling and Betting Services: When the GATS’ Rules Are Not Applied Due to the Public Morals/Public Order Exception. What Lessons Can Be Learnt?’

Name Index



Volume II:

Acknowledgements

Introduction Rohan Kariyawasam

PART I WTO AND ELECTRONIC COMMERCE
1. Heinz Hauser and Sacha Wunsch-Vincent (2000/2001), ‘A Call for the WTO E-Commerce Initiative’
2. Daniel Piazolo (2001), ‘Multilateral and European Responses to E-Commerce’
3. Sacha Wunsch-Vincent (2003), ‘The Digital Trade Agenda of the U.S.: Parallel Tracks of Bilateral, Regional and Multinational Liberalization’
4. Michael Hart and Ramesh Chaitoo (1999), ‘Electronic Commerce and International Trade Rules’
5. Olivier Cattaneo and Julia Nielson (2002), ‘Regulation of Services Traded Electronically’
6. Rosemary Morris (2000), ‘Electronic Commerce: A Cluster Approach to the Negotiation of Input Services’

PART II INTELLECTUAL PROPERTY RIGHTS, BILATERALISM AND TECHNOLOGY TRANSFER
7. Keith E. Maskus (1998), ‘The Role of Intellectual Property Rights in Encouraging Foreign Direct Investment and Technology Transfer’
8. Olivier Cattaneo (2003), ‘Intellectual Property Rights in the New Economy: Technological Changes and the Protection of Intellectual Property Rights’
9. Carlos M. Correa (2000), ‘Implications of Intellectual Property Rights for the Access to and Use of Information Technologies in Developing Countries’
10. Peter Drahos (2001), ‘Bilateralism in Intellectual Property’

PART III DEVELOPING COUNTRIES, THE NEW ECONOMY AND THE WTO
11. Sanjeev Dewan, Dale Ganley and Kenneth L. Kraemer (2005), ‘Across the Digital Divide: A Cross-Country, Multi-Technology Analysis of the Determinants of IT Penetration’
12. Lars T. Soeftestad and Maung K. Sein (2003), ‘ICT and Devolopment: East is East and West is West and the Twain may yet Meet. On the Process of Implementing an ICT-Strategy in the Norwegian Agency for Development Cooperation (NORAD)’
13. Rohan Kariyawasam (2007), ‘Developing Countries and Telecommunications’
14. Peter F. Cowhey and Mikhail M. Kilmenko (2001), ‘Implementing Telecommunications Liberalization in Developing Countries after the WTO Agreement on Basic Telecommunications Services’
15. Arvind Panagariya (2000), ‘E-Commerce, WTO and Developing Countries’
16. Catherine L. Mann (2000), ‘Electronic Commerce in Developing Countries: Issues for Domestic Policy and WTO Negotiations’
17. David Vivas Eugui (2001), ‘Issues on the Relationship Between E-Commerce and Intellectual Property Rights in the WTO: Implications for Developing Countries’

Name Index
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