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Concerted efforts to enforce global intellectual property rights (IPR)
continue to focus intensely on the developing countries of East Asia, and
China in particular. These efforts have spawned a complex system of legal
mechanisms that is still very much in process of evolution, encompassing
international and regional conventions, WTO dispute settlements, bilateral and
plurilateral treaties, decisions of national courts and regulatory bodies, and
a welter of local laws and border controls. This hugely useful book provides
more detail than will be found in any other source on the current state of all
these measures and their interactions and trends, especially as they affect
East Asian markets for IPR-protected products. It gathers together fourteen
thoroughly researched essays by internationally-known practitioners and
academics with specialties in Asian intellectual property law. In the course
of their interlinked analyses they discuss such aspects as the following:
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estimates of the negative impact of counterfeiting and piracy on businesses,
competition, employment, consumer protection, state revenue, and foreign
investment;
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transnational effects of IP enforcement laws of the EU, Japan, the UK, and
other developed countries;
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enforcement provisions in Free Trade Agreements negotiated between Asian
developing countries and the United States, the EU, and Japan;
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potential impact of the newly-released Anti-Counterfeiting Trade Agreement
(ACTA);
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civil forfeiture vs. criminal proceedings;
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copyright enforcement provisions in the digital environment;
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counterfeit medicines and the involvement of organized crime; ;
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interests of developing countries (for example in traditional knowledge);
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receiving and recovery orders;
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Internet service provider (ISP) liability; and
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impact of broad enforcement provisions on innovation and emerging creative
industries.
Although wide-reaching in its overall presentation, the book also deals with
numerous particular applications in Cambodia, Indonesia, Brunei, Laos,
Myanmar, Malaysia, The Philippines, Singapore, Thailand, Vietnam, Australia,
China, and Japan. Lawyers seeking a secure foothold from which to proceed in
cases of piracy, infringement, or counterfeiting will welcome this informative
and up-to-date analysis and commentary. It will prove especially valuable as
an early indicator of changes likely to come about as ACTA takes effect.
Contributors. Preface. 1. Introduction; C. Antons. Part I.
The WTO-TRIPS Provisions on Enforcement, TRIPS-Plus and ACTA. 2.
Proposals for International Criminal Enforcement of Intellectual Property
Rights; M. Blakeney. 3. The Framework for IP Rights Enforcement
in the EU; T. Jaeger. 4. IP under the Proceeds of Crime Act 2002
(UK); L. Blakeney. 5. Legislative Reform Related to Intellectual
Property Enforcement in Japan; N. Ono. 6. Initiatives on IP
Enforcement beyond TRIPS: The Anti-Counterfeiting Trade Agreement and the
International Medical Products Anti-Counterfeiting Task Force; C. Antons,
G. Garcia. Part II. Copyright Enforcement in a Digital Environment.
7. Through the Lens of the TRIPS Enforcement Text and WIPO “Internet”
Treaties: The Possible Shift to a Creative Economy in Southeast Asia; M.
Schlesinger. 8. The Criminalization of Copyright Law; S.
Gething, B. Fitzgerald. 9. The Tangled Web of Copyright Enforcement
on the Web in Singapore; Yee Fen Lim. Part III. Intellectual
Property Enforcement in China. 10. The US-China Dispute over TRIPS
Enforcement; P. K. Yu. 11. IP Law Enforcement in China – Think
Outside the Box; Jianfu Chen. Part IV. Intellectual Property
Enforcement in ASEAN Countries. 12. Intellectual Property
Enforcement in Vietnam: Recent Legal Reforms; Phan Viet Dung. 13
. Intellectual Property Enforcement under TRIPS: The Philippine Experience;
F. Negre. 14. The Intellectual Property Jurisdiction of the
Indonesian Commercial Court; C. Antons.