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Intellectual Property and Free Trade Agreements in the Asia-Pacific Region

  • Book
  • © 2015

Overview

Editors:
  1. Christoph Antons

    1. School of Law Faculty of Business and Law, Deakin University, Melbourne, Australia

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    You can also search for this editor in PubMed   Google Scholar

  2. Reto M. Hilty

    1. Max Planck Institute for Innovation and Competition, Munich, Germany

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    You can also search for this editor in PubMed   Google Scholar

  • Written by experts in the IP developments of the Asia-Pacific region
  • Multidisciplinary approach with chapters on law and economics and the political economy of region
  • Comprehensive regional coverage and selection of FTAs with significant IP chapters
  • Includes supplementary material: sn.pub/extras

Part of the book series: MPI Studies on Intellectual Property and Competition Law (MSIP, volume 24)

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Table of contents (14 chapters)

  1. Front Matter

    Pages i-viii
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  2. Introduction: IP and the Asia-Pacific ‘Spaghetti Bowl’ of Free Trade Agreements

    • Christoph Antons, Reto M. Hilty
    Pages 1-23

  3. Free Trade Agreements in the Context of WTO and International Law

    1. Front Matter

      Pages 25-25
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    2. An Overview of Free Trade Agreements in the Asia-Pacific Region with a Particular Focus on Intellectual Property

      • Christoph Antons, Dilan Thampapillai
      Pages 27-53

    3. Legal Effects and Policy Considerations for Free Trade Agreements: What Is Wrong with FTAs?

      • Reto M. Hilty, Thomas Jaeger
      Pages 55-84

  4. The Political Economy of Free Trade Agreements in the Asia-Pacific Region

    1. Front Matter

      Pages 85-85
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    2. What Drives Regionalism in East Asia—And Why It Matters

      • John Ravenhill
      Pages 87-108

    3. The Topology of ASEAN FTAs, with Special Reference to IP-Related Provisions

      • Thitapha Wattanapruttipaisan
      Pages 109-152

  5. US, EU and Japanese Strategies Regarding IP and Free Trade Agreements in the Asia-Pacific Region

    1. Front Matter

      Pages 153-153
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    2. Linking Trade, Intellectual Property and Investment in the Globalizing Economy: The Interrelated Roles of FTAs, IP and the United States

      • Robert E. Lutz
      Pages 155-170

    3. The EU Approach to IP Protection in Partnership Agreements

      • Thomas Jaeger
      Pages 171-210

    4. Japan’s Approach to FTAs and IP

      • Nahoko Ono
      Pages 211-243

  6. IP and FTA Strategies of China

    1. Front Matter

      Pages 245-245
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    2. Sinic Trade Agreements and China’s Global Intellectual Property Strategy

      • Peter K. Yu
      Pages 247-283

  7. The Australasian Perspective on FTAs: Australia and New Zealand

    1. Front Matter

      Pages 285-285
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    2. The Governance of Patents and Pharmaceuticals: The Regional FTA Contribution

      • Christopher Arup
      Pages 287-313

    3. Limits of Free Trade Agreements: The New Zealand/Australia Experience

      • Susy Frankel, Megan Richardson
      Pages 315-333

  8. IP in the FTAs of Newly Industrialised Economies: Korea and Singapore

    1. Front Matter

      Pages 335-335
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    2. IP and FTAs of Singapore: Ten Years On

      • Wee Loon Ng-Loy
      Pages 337-353

    3. KORUS FTA and Copyright Protection in Korea

      • Dae-Hee Lee
      Pages 355-384
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Keywords

About this book

This book is highly topical. The shift from the multilateral WTO negotiations to bilateral and regional Free Trade Agreements has been going on for some time, but it is bound to accelerate after the WTO Doha round of negotiations is now widely regarded as a failure. However, there is a particular regional angle to this topic as well. After concluding that further progress in the Doha round was unlikely, Pacific Rim nations recently have progressed with the negotiations of a greatly expanded Trans-Pacific Partnership Agreement that includes industrialised economies and developed countries such as the United States, Japan, Australia and New Zealand, recently emerged economies such as Singapore, but also several developing countries in Asia and Latin America such as Malaysia and Vietnam. US and EU led efforts to conclude FTAs with Asia-Pacific nations are also bound to accelerate again, after a temporary slowdown in the negotiations following the change of government in the United Statesand the expiry of the US President’s fast-track negotiation authority. The book will provide an assessment of these dynamics in the world’s fastest growing region. It will look at the IP chapters from a legal perspective, but also put the developments into a socio-economic and political context. Many agreements in fact are concluded because of this context rather than for purely economic reasons or to achieve progress in fields like IP law. The structure of the book follows an outline that groups countries into interest alliances according to their respective IP priorities. This ranges from the driving forces of the EU, US and Japan, via Asia-Pacific resource-rich but IP poor economies such as Australia and New Zealand, recently emerged economies with strong IP systems such as Singapore and Korea to leading developing countries such as China and India and ‘second tier industrializing economies’ such as Thailand, Malaysia and Indonesia.

Reviews

“It offers a well-structured framework (seven parts) and choice of topics (with 13 chapters, excluding the introduction) in an effort to shed some light on these puzzling and intricate issues. … the present book is not only a welcome addition to the literature on FTAs, Asia or Asia-Pacific study, but also a useful resource for deciphering the interrelation between FTAs and IP. It is a must-read for IP scholars and practitioners alike.” (Kung-Chung Liu, International Review of Intellectual Property and Competition, Vol. 47, 2016)

“This excellent collection describes the FTA process in the Asia Pacific region. … This is a very useful and informative book.” (Michael Blakeney, European Intellectual Property Review, Vol. 37 (8), 2015)

Editors and Affiliations

  • School of Law Faculty of Business and Law, Deakin University, Melbourne, Australia

    Christoph Antons

  • Max Planck Institute for Innovation and Competition, Munich, Germany

    Reto M. Hilty

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