By Tu Thanh Nguyen
The booklet investigates pageant legislations and foreign know-how move within the gentle of the journeys contract and the adventure of either constructed and constructing nations. On that foundation, it attracts correct implications for constructing international locations. Tu Thanh Nguyen argues that expertise transfer-related pageant legislation can be 'glocalized' thoroughly for the wishes of neighborhood contexts, whereas highbrow estate rights (IPR) are globalized. The ebook unearths that constructing international locations, in line with the journeys contract, have the appropriate to exploit household festival legislation to advertise entry to expertise for you to defend nationwide pursuits and customer welfare. although, pageant legislations is antitrust. it really is neither anti-IPR nor anti-trade. the writer unearths that constructing nations with constrained pageant legislation assets may still set reasonable priorities for the regulate of expertise transfer-related anti-competitive practices. they could kind of observe and adapt correct laws, judgements and judgments from constructed state jurisdictions to their very own situations. festival legislation, know-how move and the journeys contract is a well timed source for postgraduate scholars, practitioners, and students in foreign festival legislations, IPR, and expertise move. Policymakers within the box of expertise transfer-related festival law/policy, in particular in constructing nations, also will locate this publication important.
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Extra resources for Competition Law, Technology Transfer and the TRIPS Agreement: Implications for Developing Countries
Com/ abstract=1338899. 116 Limitations on IPRs reflect that the purpose of IPRs is to induce innovation and that too much IP protection can retard innovation. The US Supreme Court has recognized that patents, similarly to other property rights, have limitations because ‘[i]t 24 Competition law, technology transfer and the TRIPS Agreement within IP law itself may act as a primary filter. 1 below, are complementary. Competition law can prevent restrictions on competition and downstream access caused by these negative effects.
V. ,  ECR I–11369, para. 105 (citation omitted). Technology transfer and competition rules 23 Therefore, there remain exceptions to a pure property rules treatment of IPRs. The TRIPS Agreement well illustrates this conclusion. 3 below, is to remedy anti-competitive conduct of right holders. Besides, the IP regime’s reliance on either property or liability rules does not, and need not, remain unchanged. Focusing over much on one side of this continuum may negatively affect the whole IP protection system.
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. With the adoption of the TRIPS Agreement, even though the second view seems to have been rejected as a matter of international law, discussions over its effect on international technology transfer continue to be polarized, and arguments concerning either ‘the more IPRs, the better’ or ‘the fewer IPRs, the better’ do not stop.