Competition Law, Technology Transfer and the TRIPS by Tu Thanh Nguyen

By Tu Thanh Nguyen

The publication investigates pageant legislations and overseas know-how move within the gentle of the journeys contract and the event of either built and constructing nations. On that foundation, it attracts proper implications for constructing nations. Tu Thanh Nguyen argues that know-how transfer-related pageant legislation will be 'glocalized' competently for the desires of neighborhood contexts, whereas highbrow estate rights (IPR) are globalized. The e-book unearths that constructing international locations, in line with the journeys contract, have the appropriate to exploit family festival legislations to advertise entry to expertise which will safeguard nationwide pursuits and customer welfare. despite the fact that, pageant legislation is antitrust. it's neither anti-IPR nor anti-trade. the writer unearths that constructing nations with constrained pageant legislations assets should still set reasonable priorities for the regulate of expertise transfer-related anti-competitive practices. they could kind of practice and adapt suitable laws, judgements and judgments from constructed nation jurisdictions to their very own conditions. festival legislation, know-how move and the journeys contract is a well timed source for postgraduate scholars, practitioners, and students in foreign pageant legislation, IPR, and expertise move. Policymakers within the box of know-how transfer-related pageant law/policy, specially in constructing nations, also will locate this publication useful.

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Additional resources for Competition Law, Technology Transfer and the TRIPS Agreement: Implications for Developing Countries

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C. Lippoldt (2008), ‘Technology Transfer and the Economic Implications for the Strengthening of Intellectual Property Rights in Developing Countries’, OECD Trade Policy Working Paper No. 62, TAD/TC/WP(2007)19/FINAL, p. 4; Maskus, Keith E and M. Penubarti (1995), ‘How Trade-Related Are Intellectual Property Rights’, J. , 39, 229. Technology transfer and competition rules 25 (reward) and disclosure effects. On the other hand, those who oppose strong IP protection contend that the overall effect of IPRs hinders international technology transfer, because such protection enables right holders to maintain high prices and to prevent firms of developing countries from accessing their technology.

2005), ‘The Myth of the Patent Troll: An Alternative View of the Function of Patent Dealers in an Idea Economy’, Emory L. , 30(5), 182. 105 Hylton, supra note 97, p. 184. 106 Drahos, supra note 32, pp. 199–224. 107 The property and liability rules are complementary for enforcing IPRs. 108 Similarly, the use of property rules for IPRs is not absolute. 109 Protection of land under property rules is a typical example. There are some exceptions to the use of land, easements and public use for instance.

L. , 83, 1065–1068. 81 Landes and Posner, supra note 66, p. 310. 82 Harper & Row Publishers v. Ct. 2218, 2229 (1985) (emphasis added). 83 Kewanee Oil Company v. C. 1879, 1886 (1974); Universal Oil Co. v. S. 471, 484 (1944). 88 Furthermore, this Court has also developed the concept of the ‘specific subject matter’ of IPRs in the light of which protection may be justified, albeit while applying the distinction between the existence of a right and its exercise. 91 Consequently, economic rights have been fully recognized 84 85 86 Diamond v.

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