Intellectual Property, Competition Law and Economics in Asia

ISBN-13: 9781849460873 / Angielski / Twarda / 2011 / 368 str.

Opis

This book is the result of a conference held in Singapore in September 2009, which brought together distinguished lawyers and economists to examine the differences and similarities in the intersection between intellectual property and competition laws in Asia. The prime focus was how best to balance these laws to improve economic welfare. Countries in Asia have different levels of development and experience with intellectual property and competition laws. Japan has the longest experience and now vigorously enforces both competition and intellectual property laws. Most other countries in Asia have only recently introduced intellectual property laws (due to the TRIPS Agreement) and competition laws (sometimes due to the World Bank, the International Monetary Fund, or free trade agreements). It would be naive to think that laws - even if similar on the surface - will have the same goals or be enforced similarly. Countries have differing degrees of acceptance of these laws, different economic circumstances, and differing legal and political institutions. To set the scene, the book looks at the intersection of intellectual property and competition laws in the US. Next, country chapters on Asia are presented. These chapters outline the institutional background to the intersection in each country, discuss the policy underpinnings (theoretically as well as describing actual policy initiatives), analyze the case law in the area, and make policy prescriptions.

Spis treści

Part 1: Setting the Scene 1. Editor's Introduction R Ian McEwin 2. A Regulator's Perspective on Getting the Balance Right William E Kovacic 3. The Role of Economic Analysis in Competition Law Douglas H Ginsburg and Eric M Fraser 4. Favouring Dynamic Competition over Static Competition in Antitrust Law J Gregory Sidak and David Teece Part 2: Country Chapters 5. Australia Bob Baxt and Henry Ergas 6. China Michael Jacobs and Xinzhu Zhang 7. India Vinod Dhall and Augustine Peter 8. Indonesia Ningrum Sirait and Cento Veljanovski 9. Japan H Stephen Harris, Jr and Hiroshi Ohashi 10. Singapore Ashish Lall and Daryl Lim 11. South Korea Sang-Seung Yi and Seong-wook Heo 12. Thailand: Medicines, Competition Law and Compulsory Licensing R Ian McEwin and Sakda Thanitcul 13. Vietnam: A Review of the Legal Framework and Enforcement Doan Tich Phuoc and Bui Nguyen Anh Tuan